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About Jim
Jim is a litigation partner in TLo’s Tampa office. His advice and advocacy protect clients in business litigation matters and in defamation, First Amendment, and intellectual property disputes, particularly trademark and copyright cases. Jim has represented and advised clients in a wide range of industries, including television, newspapers, motion pictures, aviation systems, pharmaceuticals, office equipment, and website design. He has successfully litigated – or arbitrated – cases involving defamation, invasion of privacy, tortious interference, trademark infringement, false advertising and other Lanham Act violations, unfair trade practices, antitrust violations, and breach of contract. Jim is also an experienced and accomplished appellate advocate.
In 2018, Best Lawyers in America named Jim as ”Lawyer of the Year in Trademark Law” for the Tampa Bay area. Jim was also selected as a member of Leadership Florida, Class XXXI.
Before entering private practice, Jim was a judicial clerk for the Honorable Karen LeCraft Henderson on the U.S. Court of Appeals for the D.C. Circuit. He graduated first in his class from the University of North Carolina School of Law, where he won the West Publishing Company Book Award for highest GPA each of his three years
JD, University of North Carolina, 1993
MA, The Johns Hopkins University, 1989
BA, Brown University, 1985
Tuition Options, LLC v. Project on Predatory Student Lending, Inc. and Mayer Law PLLC, Case No. 23-81293-CV-MIDDLEBROOKS (S.D. Fla. April 8, 2024). Won dismissal with prejudice of defamation case challenging law firm’s hyperlinks to pleadings in class action lawsuit.
Rashid v. Klapwijk, No. 2019-CA-008887-0 (Fla. 9th Jud. Cir. Ct. 2021), aff’d, 350 So. 3d 71 (Fla. 5th DCA 2022) (table), Won dismissal of lawsuit seeking more than 3 million dollars for fraud and breach of guaranty by persuading court that it lacked personal jurisdiction over defendant.
Florida Bar v. TIKD Services LLC, 326 So. 3d 1073 (Fla. 2021), Serving as amici counsel to several law firms, convinced Florida Supreme Court that nonlawyer operator of website selling traffic ticket defense services was engaged in the unauthorized practice of law.
Tymar Distribution LLC v. Mitchell Group USA, LLC and Rivelle Products, Inc., No. 21-21976-CIV-Altonaga/Torres, 2021 WL 4077966 (S.D. Fla. Sept. 8, 2021). Won dismissal of tortious interference and FDUTPA claims brought against company providing brand-protection services on amazon.com.
W.P. Productions, Inc. v. Tramontina U.S.A., Inc. and Sam’s West, Inc., No. 18-cv-63162, 2020 WL 3566400 (S.D. Fla. June 12, 2020). Representing a manufacturer of cookware sets sold to major U.S. retailers, won summary judgment on 15 million dollar defamation and tortious interference claims.
Bernstein, et al. v. Larson Shannahan Slifka Group, LLC, et al. (Fla. 13th Jud. Cir. Ct. 2020). Won dismissal with prejudice, based upon official immunity, of defamation and conspiracy claims arising out of ammunition procurement contract for U.S. Special Operations Command.
Gottwald v. Geragos, et al., N.Y., County Index No. 162075/14, 2019 WL 1938517 (N.Y. App. Div. May 2, 2019). Obtained affirmance of discovery order in representation of celebrity-lawyer Mark Geragos’ law firm in a defamation brought by famed music producer Lukasz “Dr. Luke” Gottwald.
State Attorney’s Office of 17th Jud. Cir. v. Cable News Network, 251 So. 3d 205 (Fla. 4th DCA 2018), review denied (Fla. 2018). On behalf of a consortium of media companies, obtained surveillance video of law enforcement’s response to the Parkland school shooting, defeating argument that video was exempt from disclosure.
Salvani v. ADVFN PLC, Case No. 14-3994-CV, 2015 WL 5894090 (2d Cir. Oct. 9, 2015). Convinced Second Circuit Court of Appeal to affirm dismissal of claims under the Securities Exchange Act against a website publisher.
Tartell v. South Florida Sinus & Allergy Center, 790 F.3d 1253 (11th Cir. 2015). Reversed cybersquatting verdict and convinced court that plaintiff failed to establish trademark rights.
Martinick et al v. Media Visions, Case No. 13-61148, 2013 WL 12049083 (S.D. Fla. Nov. 21, 2013). Obtained denial of preliminary injunction and dismissal of complaint alleging unfair competition under the Lanham Act.
Canonico v. Calloway, 26 So. 3d 53 (Fla. 2d DCA 2010). Won decision dismissing defamation claim brought by reality-television producer against television network and reporter.
Quade v. Entertainment Events, Inc., (Amer. Arb. Ass’n, Case No. 13 140 Y 00169 07) (2011). Won million dollar breach-of-contract verdict for producer of off-Broadway plays.
Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098 (Fla. 2008). On behalf of a consortium of media companies, convinced Florida Supreme Court not to adopt tort of false light invasion of privacy in Florida.
Xerox Corp. v. Smartech Document Management, Inc., 979 So. 2d 957 (Fla. 3d DCA 2007). Won decision ordering company and its principal to arbitrate dispute with Xerox.
Tyne v. Time-Warner Entertainment Co., 901 So.2d 802 (Fla. 2005). Persuaded Florida Supreme Court to affirm right of the producers of The Perfect Storm to create a movie depicting historical events without having to obtain consent of individuals portrayed in the movie.
Media General Operations, Inc. v. State, 933 So.2d 1199 (Fla.2d DCA 2006). Obtained ruling that the media is entitled to review motion seeking to seal discovery materials and that the motion itself cannot be sealed.
Co-author, Survey of Eleventh Circuit Libel Law, Media Libel Law, Media Law Resource Center (2010 – 2019).
CLE Panelist, OMG – Did We Actually Say That? Avoiding Defamation Liability in the Age of Fire, Fury and Fake News, National Association of Women and Minority Owned Law Firms (NAMWOLF), Annual Meeting, September 2018
CLE Presenter, Controversial Campus Speakers, Council of Counsels Meeting (In-house Counsel for Florida Public Universities), October 2017.
Co-author, Seeing Stars: Courts and Congress Consider Whether to Knock Out Online Ratings Defamation Claims, Communications Lawyer, American Bar Association, Vol. 32, No. 3 (Fall 2016).
Faculty Member, Media Advocacy Workshop, Forum on Communications Law, American Bar Association (2023, 2020, 2016, 2007).
Panelist, Hot Topics in Media Law Workshop, Media and Communications Law Committee, Florida Bar (2008).
Author, Schad v. Arizona: Diminishing the Need for Verdict Specificity, 70 N.C.L. Rev. 936 (1992).
About Jim
Jim is a litigation partner in TLo’s Tampa office. His advice and advocacy protect clients in business litigation matters and in defamation, First Amendment, and intellectual property disputes, particularly trademark and copyright cases. Jim has represented and advised clients in a wide range of industries, including television, newspapers, motion pictures, aviation systems, pharmaceuticals, office equipment, and website design. He has successfully litigated – or arbitrated – cases involving defamation, invasion of privacy, tortious interference, trademark infringement, false advertising and other Lanham Act violations, unfair trade practices, antitrust violations, and breach of contract. Jim is also an experienced and accomplished appellate advocate.
In 2018, Best Lawyers in America named Jim as ”Lawyer of the Year in Trademark Law” for the Tampa Bay area. Jim was also selected as a member of Leadership Florida, Class XXXI.
Before entering private practice, Jim was a judicial clerk for the Honorable Karen LeCraft Henderson on the U.S. Court of Appeals for the D.C. Circuit. He graduated first in his class from the University of North Carolina School of Law, where he won the West Publishing Company Book Award for highest GPA each of his three years
Education
JD, University of North Carolina, 1993
MA, The Johns Hopkins University, 1989
BA, Brown University, 1985
Representative Matters
Tuition Options, LLC v. Project on Predatory Student Lending, Inc. and Mayer Law PLLC, Case No. 23-81293-CV-MIDDLEBROOKS (S.D. Fla. April 8, 2024). Won dismissal with prejudice of defamation case challenging law firm’s hyperlinks to pleadings in class action lawsuit.
Rashid v. Klapwijk, No. 2019-CA-008887-0 (Fla. 9th Jud. Cir. Ct. 2021), aff’d, 350 So. 3d 71 (Fla. 5th DCA 2022) (table), Won dismissal of lawsuit seeking more than 3 million dollars for fraud and breach of guaranty by persuading court that it lacked personal jurisdiction over defendant.
Florida Bar v. TIKD Services LLC, 326 So. 3d 1073 (Fla. 2021), Serving as amici counsel to several law firms, convinced Florida Supreme Court that nonlawyer operator of website selling traffic ticket defense services was engaged in the unauthorized practice of law.
Tymar Distribution LLC v. Mitchell Group USA, LLC and Rivelle Products, Inc., No. 21-21976-CIV-Altonaga/Torres, 2021 WL 4077966 (S.D. Fla. Sept. 8, 2021). Won dismissal of tortious interference and FDUTPA claims brought against company providing brand-protection services on amazon.com.
W.P. Productions, Inc. v. Tramontina U.S.A., Inc. and Sam’s West, Inc., No. 18-cv-63162, 2020 WL 3566400 (S.D. Fla. June 12, 2020). Representing a manufacturer of cookware sets sold to major U.S. retailers, won summary judgment on 15 million dollar defamation and tortious interference claims.
Bernstein, et al. v. Larson Shannahan Slifka Group, LLC, et al. (Fla. 13th Jud. Cir. Ct. 2020). Won dismissal with prejudice, based upon official immunity, of defamation and conspiracy claims arising out of ammunition procurement contract for U.S. Special Operations Command.
Gottwald v. Geragos, et al., N.Y., County Index No. 162075/14, 2019 WL 1938517 (N.Y. App. Div. May 2, 2019). Obtained affirmance of discovery order in representation of celebrity-lawyer Mark Geragos’ law firm in a defamation brought by famed music producer Lukasz “Dr. Luke” Gottwald.
State Attorney’s Office of 17th Jud. Cir. v. Cable News Network, 251 So. 3d 205 (Fla. 4th DCA 2018), review denied (Fla. 2018). On behalf of a consortium of media companies, obtained surveillance video of law enforcement’s response to the Parkland school shooting, defeating argument that video was exempt from disclosure.
Salvani v. ADVFN PLC, Case No. 14-3994-CV, 2015 WL 5894090 (2d Cir. Oct. 9, 2015). Convinced Second Circuit Court of Appeal to affirm dismissal of claims under the Securities Exchange Act against a website publisher.
Tartell v. South Florida Sinus & Allergy Center, 790 F.3d 1253 (11th Cir. 2015). Reversed cybersquatting verdict and convinced court that plaintiff failed to establish trademark rights.
Martinick et al v. Media Visions, Case No. 13-61148, 2013 WL 12049083 (S.D. Fla. Nov. 21, 2013). Obtained denial of preliminary injunction and dismissal of complaint alleging unfair competition under the Lanham Act.
Canonico v. Calloway, 26 So. 3d 53 (Fla. 2d DCA 2010). Won decision dismissing defamation claim brought by reality-television producer against television network and reporter.
Quade v. Entertainment Events, Inc., (Amer. Arb. Ass’n, Case No. 13 140 Y 00169 07) (2011). Won million dollar breach-of-contract verdict for producer of off-Broadway plays.
Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098 (Fla. 2008). On behalf of a consortium of media companies, convinced Florida Supreme Court not to adopt tort of false light invasion of privacy in Florida.
Xerox Corp. v. Smartech Document Management, Inc., 979 So. 2d 957 (Fla. 3d DCA 2007). Won decision ordering company and its principal to arbitrate dispute with Xerox.
Tyne v. Time-Warner Entertainment Co., 901 So.2d 802 (Fla. 2005). Persuaded Florida Supreme Court to affirm right of the producers of The Perfect Storm to create a movie depicting historical events without having to obtain consent of individuals portrayed in the movie.
Media General Operations, Inc. v. State, 933 So.2d 1199 (Fla.2d DCA 2006). Obtained ruling that the media is entitled to review motion seeking to seal discovery materials and that the motion itself cannot be sealed.
Bar Admissions
Appearances and Publications
Co-author, Survey of Eleventh Circuit Libel Law, Media Libel Law, Media Law Resource Center (2010 – 2019).
CLE Panelist, OMG – Did We Actually Say That? Avoiding Defamation Liability in the Age of Fire, Fury and Fake News, National Association of Women and Minority Owned Law Firms (NAMWOLF), Annual Meeting, September 2018
CLE Presenter, Controversial Campus Speakers, Council of Counsels Meeting (In-house Counsel for Florida Public Universities), October 2017.
Co-author, Seeing Stars: Courts and Congress Consider Whether to Knock Out Online Ratings Defamation Claims, Communications Lawyer, American Bar Association, Vol. 32, No. 3 (Fall 2016).
Faculty Member, Media Advocacy Workshop, Forum on Communications Law, American Bar Association (2023, 2020, 2016, 2007).
Panelist, Hot Topics in Media Law Workshop, Media and Communications Law Committee, Florida Bar (2008).
Author, Schad v. Arizona: Diminishing the Need for Verdict Specificity, 70 N.C.L. Rev. 936 (1992).