James H. Bartolomei III

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James H. Bartolomei III, P.A. – Of Counsel at Duncan Firm, P.A.

James Bartolomei has spent over two decades representing value-based entrepreneurs, green startups, visual artists, authors, photographers, filmmakers, farmers, content creators, blockchain community members, employees, and established businesses in a variety of legal matters and business development. With a focus on civil litigation involving copyright and trademark disputes, business disputes, and start-up companies, he has appeared in courts throughout the United States to find cost-effective solutions to his client’s problems. James’s practice focuses on complex civil cases in California, New York, Arkansas, DC and Florida that have resulted in over a billion dollars in verdicts and settlements.

As Of Counsel at Duncan Firm, James, through James H. Bartolomei, III P.A., represents start-up 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, whose members include attorneys from the film studios, gaming companies, and other content creators fighting to protect their exclusive bundle of rights under the Copyright Act.

James has previously served as counsel as counsel for an international lifestyle and wellness brand. He also was worked closely for LA-based startup EatCrateful, 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. Other notable clients include Trebel Music and Riot Games, creator of League of Legends.

Interesting pre-law experience about James includes a White House internship in the Clinton Administration’s Press Secretary’s Office, an internship in US Senator Joe Lieberman’s Capitol Hill office focused on international affairs, and a law school fellowship for US Congressman Vic Snyder of Arkansas’ Second District office, focused on voting rights and constitutional issues.

James earned a law degree from Suffolk University Law School in Boston where he served as President of the Student Public Interest Law Group. He obtained his BA in International Studies at American University in Washington DC and also 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, where he grew up in the Quiet Corner of Northeast Connecticut.

He is licensed to practice law in the following courts:

California
New York
Florida
Arkansas
Connecticut
District of Columbia
USDC, District of Columbia
Central District of California
Eastern District of California
Northern District of California
Southern District of New York
Eastern District of New York
Southern District of Florida
Eastern District of Arkansas
Western District of Arkansas
District of Colorado
Northern District of Texas
Eastern District of Texas
Western District of Texas
Southern District of Texas
US Court of Federal Claims
Second Circuit Court of Appeals
Ninth Circuit Court of Appeals
Eleventh 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 that no implied license was granted to Mashable via an 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 (Defeating Motion to Dismiss finding the “server test” does not apply to Facebook embed of video onto 149 of Sinclair’s TV station websites. See Reutersarticle
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 without paying licensing fees to group of photographers)

Other notable results include James’s role on the trial team with Phillip Duncan in a complex business litigation case that resulted in a $369 million judgment and largest disgorgement award in Florida. Bailey v. St. Louis, et. al., 268 So. 3d 197, 199 (Fla. Dist. Ct. App. 2018) (cert. denied) (satisfaction of judgment pending)