James D. Nguyen

Jimmy Nguyen is a partner in the Los Angeles office of Wildman Harrold. He acts as trusted legal and strategic business advisor to diverse clients. His practice encompasses counseling, transactions, enforcement and litigation of entertainment, new media, intellectual property, technology, advertising, and sports matters. Jimmy also has years of experience handling commercial litigation, having tried both jury and non-jury cases. Jimmy was formerly a partner at Foley & Lardner LLP, where he co-founded and co-chaired that firm's Entertainment & Media Industry Team and served as a vice-chair of the Intellectual Property Litigation practice.

In the IP and technology arenas, Jimmy focuses on copyright, trademark and trade secret law. He has particular strength with IP issues on the Internet and with new media technologies. Jimmy has successfully litigated IP matters for diverse clients, including those in the entertainment, media, sports, fashion/apparel, computer software/hardware, online, manufacturing, textile, retail, financial services, and health care industries. He also routinely counsels clients about protecting and maximizing their IP assets, and negotiates a broad range of IP and technology transactions.

In the entertainment and media industry, Jimmy helps clients navigate the full range of legal and business issues associated with creative projects and business ventures. He counsels clients about new media business opportunities; handles transactions for distribution of content, advertising and strategic partnering on Internet and new entertainment technology platforms; and works with clients operating in the video and online game worlds. In more traditional media, he works on the gamut of industry deals involving motion picture, television, radio, music, book and periodical publishing, talent, games, toys and other merchandise. Jimmy has significant experience assisting non-entertainment companies with their specialized entertainment needs.

Jimmy also represents clients in the sports world. He has represented a major sports league in IP and commercial litigation; overseen legal work for production of major sports events; represented athletes and officials in amateur sports eligibility disputes and arbitration; negotiated deals for distribution of sports content on broadcast television, pay-per-view, and new media platforms; and handled athlete endorsement deals.

In the advertising sector, Jimmy helps clients with negotiating deals for advertising and media buys; clearance and compliance for advertising content; merchandising, branding, sponsorship, and product placement deals; and navigating the world of Internet advertising. Jimmy also has litigated cases involving false and misleading advertising claims.
Jimmy also has significant experience with complex commercial litigation, spanning matters involving business tort, unfair competition, franchise, insurance and re-insurance, health care, white-collar criminal, and employment law. He has litigated matters in both trial and appellate courts of various federal and state jurisdictions, and as well as in diverse arbitration tribunals.

In the modern global market, Jimmy has worked with business and legal matters involving Canada, China, and various European and South American countries.

Excelling early, Jimmy finished college at age 19. He attended law school on a full scholarship and graduated at age 22, the youngest member of his class. Jimmy was a 7-time national gold medalist in collegiate speech competition. In law school, he was champion of the 1994 Hale Moot Court Honors Program at USC Law Center, and champion of the 1995 Jerome Prince National Evidence Moot Court Competition.

A renowned public speaker recognized for his dynamic presentations, Jimmy is a prolific speaker, writer and commentator on entertainment, new media, IP, technology and diversity topics.

Honors:

2008, Lawdragon 500 Leading Lawyers in America
2007, finalist for the Lawdragon 500 Leading Lawyers in America list
2006, named to the Lawdragon 500 "New Worlds, New Stars" list
2005-2008, named a Southern California Super Lawyer by Law & Politics and Los Angeles magazine; 2004, Southern California Super Lawyer "Rising Star"
2005, named one of the Best Lawyers Under 40 by the National Asian Pacific American Bar Association

Representative Experience:

Counseling and Transactions:

Led U.S. entertainment production legal work for the 2007 Special Olympics World Summer Games in Shanghai, China
Serve as outside new media technology transactional counsel for publishing and broadcast media conglomerate
Reviewed and negotiated deals for distribution of video content and creation of branded channels on Internet video platforms such Joost, AOL Video, and Hulu
Provided entertainment and new media transactional work for two emerging Hispanic/multi-cultural television networks
Helped clients in video, music, game and publishing worlds launch user-generated content online services; advised about copyright and DMCA issues and structured Terms of Service
Devised strategy and managed legal work to create a mixed martial arts sports league
Negotiated celebrity endorsement and merchandise brand licensing deals for game technology, automotive parts, golf equipment, homeopathic product, and pharmaceutical companies

Litigation:

Lead trial counsel in two federal jury trials and appeal in trademark case involving the ROXY trademark for juniors' clothing
Represented comic book publisher in cutting-edge copyright lawsuit over massively-multiplayer online role playing game
Defending major home video company in business litigation over accounting under a motion picture distribution agreement
Represented Usenet service to defend a copyright action over photographs accessible through the service, and to prosecute a declaratory judgment action to invalidate an agreement that pre-dated enactment of the DMCA
Represent major sports league in trademark and copyright disputes and litigation
Handled domain name disputes, UDRP actions, and litigation for ISP and online entertainment company
Successfully litigated trade secret cases for dosimetry, transportation permit and other technology companies
Prevailed in preserving amateur eligibility for two sports officials in sports arbitration proceedings and appeal before the U.S. Figure Skating Association

Reported Decisions:

Quiksilver, Inc. v. Kymsta Corp., 466 F.3d 749 (9th Cir. 2006)
Clarendon National Insurance Co. v. Kings Reinsurance Co., 241 F.3d 131 (2d Cir. 2001)
Sefton v. Matthew Jew and Interactive Classifieds Network Corp.,201 F. Supp. 2d 730 (W.D. Tex. 2001) and 204 F.R.D. 104 (W.D.Tex. 2000).

Professional Associations:

State Bar of California (IP section, Vice-Chair of Executive Committee; Liaison to In-House Counsel Standing Committee)

Association of Media & Entertainment Counsel (AMEC) Law Firm Advisory Board

American Bar Association Section of Business Law Committee on Corporate Counsel, Vice-Chair for subcommittee on Litigation Management, Forum on Entertainment & Sports Industries

The Association of Business Trial Lawyers

Beverly Hills Bar Association (IP, Internet and New Media section, Former co-chair)

Academy of Television Arts & Sciences (Interactive Media Peer Group)

International Trademark Association

Sports Lawyers Association

Coalition of Asian Pacifics in Entertainment (CAPE)

National Association of Television Program Executives

American Intellectual Property Association

Los Angeles County Bar Association

Pro Bono Activity:

Jimmy is active in pro bono legal work and community service. He has successfully handled numerous pro bono cases, working with Bet Tzedek Legal Services on unlawful detainer cases and Public Counsel on political asylum matters. Outside his legal work, he volunteered for many years as an assistant coach for the Mt. San Antonio College speech team, which he helped coach to numerous national titles. He is also a founder of the American Readers Theater association (ARTa), which honored him in 2005 with its first-ever Legacy Award. In recognition of his pro bono, charitable and civic activities, Jimmy received one of his prior firm's 2001 Lynford Lardner Community Service Awards.

Jimmy is also a strong advocate for diversity in the legal profession and beyond. He serves on the Board of the California Minority Counsel Program, chairing the organization's 2007 Annual Business Development Conference entitled "Stars of Diversity." He also serves on the Board of Directors for Equality California, the LGBT civil rights organization for California. In addition, Jimmy participates in the Minority Corporate Counsel Association, the National Asian Pacific American Bar Association, the National Conference of Vietnamese American Attorneys, and other diversity organizations.

Bar Admissions:

California, 1995

U.S. Court of Appeals for the Second, Ninth and Federal Circuits

U.S. District Courts for the Eastern, Central, Southern and Northern Districts of California

U.S. District Court for the District of Colorado

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