James H. Bartolomei III

James H. Bartolomei III, P.A. – Of Counsel

James Bartolomei has spent nearly two decades representing value-based entrepreneurs, green startups, visual artists, farmers, content creators, blockchain community members, employees, individuals and established small businesses in a variety of legal matters and business development.  With a focus on civil litigation, he has appeared in courts throughout the United States to find cost-effective solutions to his clients’ problems.

As Of Counsel at Duncan Firm, James, through James H. Bartolomei, III P.A., represents startup clients in California and New York, with a focus on business development of sustainable and value-based legal services. James is a member of the LA Copyright Society, which members include lawyers at motion picture studios such as Disney, Netflix, media companies such NBC Universal, gaming companies such as Riot Games, and other corporations and entities dealing with intellectual property.

James has previously served as counsel for LA-based startup EatCrateful.com, an award-winning James Beard chef-prepared meal subscription delivery service company. He also represented LA-based startup Unsit.com, a stand-up desk / treadmill company, and Outstanding Foods, a plant-based food startup founded by Chef Dave Anderson and Bill Glaser.  

James’ practice focuses on complex civil justice cases in California, New York, Arkansas and Florida that have resulted in hundreds of millions of dollars in verdicts and settlements. Interesting facts about James include a White House internship with the Clinton Administration, internship in US Senator Joe Lieberman’s Capitol Hill office, and a fellowship during law school for US Congressman Vic Snyder of Arkansas’ Second District.

James earned his law degree from Suffolk University Law School in Boston where he served as President of the Student Public Interest Law Group.  He also attended American University in Washington DC where he earned a BA in International Studies, attended Semester at Sea (a 12-country circumnavigation of the world studying abroad). James received the William Peck scholarship to attend Pomfret School in Connecticut.

James is licensed to practice law in:

• California
• New York
• Florida
• Arkansas
• Connecticut
• District of Columbia
• US District Court for the Central District of California
• US District Court for the Eastern District of California
• US District Court for the Northern District of California
• US District Court for the Southern District of New York
• US District Court for the Eastern District of New York
• US District Court for the Southern District of Florida
• US District Court for the Eastern District of Arkansas
• US District Court for the Western District of Arkansas
• US District Court for the District of Colorado
• US District Court for the Northern District of Texas
• US District Court for the District of Columbia
• Second Circuit Court of Appeals
• Ninth Circuit Court of Appeals
• US Supreme Court
  James Bartolomei was lead trial counsel on several recent notable copyright infringement cases including:

• Sinclair v. Ziff Davis, LLC and Mashable, Inc., No. 18-CV-790 (KMW), 2020 WL 3450136, at *2 (S.D.N.Y. June 24, 2020)(Defeating Motion to Dismiss, finding on reconsideration to successfully challenge no license was granted to Mashable via Instagram embed;  (See Ars Technica Article)

• Nicklen v. Sinclair Broad. Grp., Inc., 551 F. Supp. 3d 188, 199 (S.D.N.Y. 2021) 20-CV-10300 (Defeated Motion to Dismiss finding the “server test” does not apply to Facebook embed onto 149 media companies’ websites);(See Reuters article)

• Hunley v. BuzzFeed, Inc., No. 1:20-CV-08844-ALC, 2021 WL 4482101, at *1 (S.D.N.Y. Sept. 30, 2021) (Defeated motion to dismiss on fair use and BuzzFeed’s challenging the “server test” for BuzzFeed’s display of a photo using Instagram embed tool)

Other notable results include James as a key member of the trial team with Phillip Duncan in a complex business litigation case that resulted in a $369 million judgment. Bailey v. St. Louis, et. al., 268 So. 3d 197, 199 (Fla. Dist. Ct. App. 2018)(satisfaction of judgment pending)