James J.S. Holmes Partner, Los Angeles, California

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1 James J.S. Holmes Partner, Los Angeles, California Media & Entertainment Litigation Intellectual Property Specialty Insurance Coverage and Litigation Cyber Liability Coverage and Litigation JAMES J.S. HOLMES tel fax Current Scope of Practice James Holmes is an experienced trial attorney and litigator, representing major media and entertainment entities, as well as major insurance carriers insuring media and entertainment entities. Mr. Holmes defends clients in a variety of intellectual property matters, including trademark, trade dress, trade secrets, and copyright infringement; misrepresentation of likeness; unfair competition; and breach of contract actions. Mr. Holmes regularly works with clients on the defense of claims brought against their marketing practices, including advertising (broadcast and print media) and internet marketing (websites and social media). He also advises clients on cyber liability issues, including the implications and coverage for data and privacy breaches. Affiliations, Activities and Accomplishments Mr. Holmes is admitted to practice in California (1986), and before the United States Supreme Court, the United States Courts of Appeals for the Ninth, Tenth and Federal Circuits, and all districts of the United States District Court for the State of California. Mr. Holmes is an active member of the American Bar Association and is currently Chair of the ABA Commission on Sexual Orientation and Gender Identity (SOGI). The ABA Law in Public Service Committee (LIPS) named him a recipient of the Tort Trial & Insurance Practice Section s (TIPS) Public Service Honor Roll Award for his exemplary public service and pro bono activities. He served as the chair of the Tort Trial & Insurance Practice Section s Media Privacy and Defamation Law General Committee for the term and is a member of the section s Committee on Diversity in the Profession and Standing Committee on Law Students. He is also a Life Fellow of the American Bar Foundation and is a member of the California Bar Association, the Los Angeles County Bar Association, and is a member of the Board of Governors for the Lesbian and Gay Lawyers (LGLA) of Los Angeles (formerly known as Lawyers for Human Rights (LHR)). An active member of his community, he has provided pro bono work for HIV and AIDS Legal Services Alliance (formerly known as AIDS Legal Service Project ). He has also received commendations from the California Bar Association and Los Angeles County Board of Supervisors and Los Angeles Superior Court for pro bono activities. In support of the firm s ongoing commitment to providing a helping hand to the underprivileged, Mr. Holmes has also represented adopting parents in successful adoption proceedings.

2 Mr. Holmes received the 2010 Volunteer of the Year award from the Los Angeles County Board of Supervisors for work with the Los Angeles Superior Court Temporary Judge program. He has also been named as a Southern California Super Lawyer by the publishers of Los Angeles Magazine and the Journal for Law & Politics. He is acknowledged with an AV rating by Martindale-Hubbell. Presentations and Publications Mr. Holmes leads Sedgwick s Specialty Rights and Technology Practice Group and served as the editor of Sedgwick s Media Law Bulletin until He is a frequent writer on issues relating to media and entertainment, and his articles have been published in Los Angeles Lawyer and the American Bar Association s Media Update and TortSource. Some of Mr. Holmes presentations and publications include: Author, Quick Tips for Success in Becoming Insurance Panel Counsel, ABA TIPS TortSource, Spring Panelist, Electronic Media Liability A New Look to an Old Problem, webinar moderated by Advisen Ltd. and sponsored by OneBeacon Insurance Group, October 8, Moderator, Now You See It, Now You Don t: Disappearing media coverage under the CGL policy increases risk for corporate communications, 27th Annual Media & The Law conference, Kansas City, MO, April 24, Author, The Evolution of Coverage B, ABA TIPS Media, Privacy & Defamation Law Committee, Newsletter, Spring Speaker, Cloudy Skies Ahead? Assessing Cyber Risks and Liabilities, Chicago, IL, September 18, Speaker, The Guerilla Guide to Gaining/Maintaining Employment/Business in the New Legal Services Paradigm, San Francisco, CA, August 22, Speaker, Diversity in the Profession, American Bar Association, Tort Trial and Insurance Practice Section (TIPS) Leadership Academy, San Francisco, CA, August 9, Speaker/Advocate, Who Needs Enemies? Ethical Pitfalls for Lawyers Who Friend and Use Social Networks, Media & The Law, Kansas City, MO, April 19, Speaker, ABA Diversity & Inclusion Goal III Convocation, Dallas, TX, February 9, Speaker, Advocating for Equality in the Next Generation, American Bar Association, Section on Individual Rights & Responsibilities, Dallas, TX, February 7, Speaker, Media Insurance 360, Media and the Law 25th Annual Seminar, Kansas City, MO, May 3, Speaker, Backroom Deals and Barroom Brawls: Media Liability Coverage in Entertainment Litigation,

3 ABA TIPS Insurance Coverage Litigation Committee Annual Conference, Scottsdale, AZ, February 17, Co-author, Insuring Intellectual Property Part II Commercial General Liability and its Evolution, American Bar Association s Tort Trial and Insurance Practice Section Intellectual Property Law Committee Newsletter, Fall Co-author, Insuring Intellectual Property Part I Key Terms and Provisions in the World of Intellectual Property Coverage, American Bar Association s Tort Trial and Insurance Practice Section Intellectual Property Law Committee Newsletter, Summer Speaker, Social Media Liabilities, Advisen webinar, November 8, Speaker, Diversity Roundtable, ABA Fall 2011 GPSolo Joint Meeting, Denver, CO, October 21, Speaker, State of Diversity in the Legal Profession, ABA Board of Governors Meeting, San Diego, CA, June 11, Moderator, I Lost My Data and I Can t Get Up! How to Avoid Regulatory and Class Action Quicksand When Sensitive Data is Lost, ABA/TIPS committee on Media, Privacy and Defamation Law, May 6, Co-author, Defining Liability for Likeness of Athlete Avatars in Video Games, Los Angeles Lawyer, May Moderator, Embracing Diversity in a Jury Trial, American Bar Association s Tort Trial and Insurance Practice Section s Committee on Diversity in the Profession, August 5, Co-author, Transformative In The Eye of the Beholder, Intellectual Property and Technology Law Journal, May Moderator, Legal Eagles, Left Coast Crime 2010, Los Angeles, CA, March 13, Speaker, Removing Bias from Attorney Evaluations, American Bar Association s Presidential Diversity Series Program, October 16, Speaker, The Diversity Factor: Capturing the Competitive Advantage, American Bar Association s Tort Trial and Insurance Practice Section, San Diego, CA, October 8, Author, Using Bar Association Participation to Build a Bridge to Equality, ARK Group s Attracting, Advancing and Retaining LGBT Lawyers, September Co-author, Family Guy and the Satirist s Fair Use Conundrum, American Bar Association s Media, Privacy and Defamation Law Committee Newsletter, Summer Author, It is Time for Involvement It is Time for Leadership, ABA/TIPS Diversity Committee s Embracing Diversity Newsletter, July Co-author, Family Guy s Star Turn: The Satirist s Fair Use Conundrum, IP Law360, June 2009.

4 Co-author, Family Guy s Star Turn: The Satirist's Fair Use Conundrum, Sedgwick s Media Law Bulletin, May Moderator, Ordering Liberty in an International Economy, ABA Annual Meeting, New York, NY, August 8, Author, An Employee s Right to Privacy Regarding Text Messaging, ABA TTIPS Media, Privacy and Defamation Law Committee Newsletter, Summer Author, Anti-SLAPP Statutes: California Moves toward the National Consensus, TortSource, Fall Co-author, Adding Value in this Unique Field, fifth chapter, Entertainment and Media Law Client Strategies: Leading Lawyers on Case Strategies, Exceeding Client Expectations, and Negotiating Deals (Inside the Minds), Aspatore Books Staff (October 2007). Speaker, California s Anti-SLAPP Statute: A One-Prong Approach Under a Two-Prong Framework, ABA Annual Meeting, San Francisco, CA. Presenter, Intellectual Property Insurance Coverage, Safeco Insurance, Seattle, WA. Co-presenter, The Litigation Gamble: How to Increase Your Odds, Insurance Brokers and Agents of the West 15th Annual Palm Springs Getaway Seminar, Palm Springs, CA. Editor, Conducting Discovery in an Electronic World: Electronic Data and Discovery, Continuing Education of the Bar Civil Discovery Practice, Chapter 4. Presenter, Legal Matters in the Music Industry Contracts and Lawsuits: Two Views to Your Music Industry Agreement, South By Southwest Music Conference. Presenter and author, Nationwide Survey of Independent Counsel Rules in Reservation of Rights & Conflict of Interest Situations. Mr. Holmes has also made widely marketed presentations on Buss v. Superior Court, on California Civil Code section 2860, and image and identity misappropriation claims in media and advertising. Published Opinions Closed Loop Marketing, Inc. v. Closed Loop Marketing, LLC, 589 F. Supp. 2d 1211 (E.D. Cal. 2008). Order denying plaintiff s motion for preliminary injunction and granting defendant s motion to dismiss claims of trademark infringement, unfair competition and unjust enrichment. Flatley v. Mauro, 39 Cal. 4th 299; 46 Cal. Rptr. 3d 606 (2006). Application of special motion to strike in action based on pre-litigation communications. Hydro-Mill v. Hayward, Tilton & Rolapp, 115 Cal.App.4th 1145 (2004). First published decision in California confirming two-year statute of limitations for insurance agent/broker, regardless of the title of the cause of action. Reversing trial court and ordering judgment in favor of our clients.

5 PVI v. Harriscope, 302 F.Supp.2d 1131 (C.D.Ca. 2004). First of many motions for summary judgment in favor of our client in a Foreign Copyright Restoration Act case. Scosche v. Visor Gear, 121 F.3d 675, 43 USPQ2d 1659 (Fed.Cir. 1997). Landmark decision by the Federal Circuit confirming that patent applicant s zealous protection of the patent, even though still in application process, does not constitute unfair competition. Proxima v. St. Paul, 26 F.3d 132 (Table of Decisions without Reported Opinions); 1994 WL (9th Cir. 1994). Affirmed grant of defendant s motion to dismiss and denial of plaintiff s motion for partial summary judgment in a Bank of the West advertising injury case. Houston General v. AG Production, 840 F. Supp. 738 (E.D.Ca. 1993). First published decision in California regarding trigger of coverage for environmental contamination claims. District court adopted the manifestation trigger. Decision superseded by California Supreme Court decision in Montrose adopting continuous trigger. Education Mr. Holmes received his B.S. degrees (1983) in Political Science (in honors) and History (with honors) while at Arizona State University. He graduated as Male Scholar of the Year. He is a member in Phi Alpha Theta, Pi Sigma Alpha and the Mortar Board. He also received his J.D. (1986) from Arizona State University. In 2013, Mr. Holmes was named an Inspiring Alumnus from the Barrett Honors College at Arizona State University.