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Admitted to Practice

  • California, 1995
  • U.S. Court of Appeals 9th Circuit
  • U.S. Court of Appeals 2nd Circuit
  • U.S. Court of Appeals Federal Circuit
  • U.S. District Court Eastern District of California
  • U.S. District Court Central District of California
  • U.S. Court of Appeals Southern District of California
  • U.S. Court of Appeals Northern District of California
  • U.S. District Court District of Colorado

James D. Nguyen

Jimmy Nguyen is a "360 degree" lawyer who handles litigation, transactions, and counseling work involving intellectual property, entertainment, digital media, sports, advertising, privacy, and technology. He is especially versed with issues for online, social media, mobile, and other digital technologies. Jimmy is also a Certified Information Privacy Professional/US, and technology advisor.

In 2008, Lawdragon named Jimmy (at only age 36) to its list of "500 Leading Lawyers in America;" it summed him up well as a "dynamo talent [who] is a one-stop shop for companies in entertainment, technology, advertising, sports and other industries seeking IP, litigation and transactional advice."

Jimmy represents clients across diverse industries. His clients include the Advanced Access Content System consortium,, Ariadne Capital, Fandango, General Nutrition Corporation, Hot Topic, Hyundai Capital America, J. Crew Group, Kia Motors America, Live Nation Entertainment, Major League Baseball Properties, Metro-Goldwyn-Mayer Studios, Microsoft, Miss Universe Organization, Monster Energy Company, Motion Picture Association of America, Nordstrom, nTrust Corp., Open Road Films, Sony Pictures Entertainment, TripAdvisor, and Yahoo!

As a litigator, Jimmy has first-chaired jury and bench trials; handled arbitrations, TTAB and UDRP proceedings; and argued appeals. One Lawdragon reviewer described him as an "outstanding litigator, who writes and argues orally exceptionally well."

As a valued business advisor, Jimmy helps clients develop, protect, distribute and monetize their IP, content, and technology assets. He routinely counsels clients and handles a broad range of transactions involving such subject matter.

Certified as a CIPP/US, Jimmy routinely works on privacy and data security issues—from both counseling and litigation viewpoints. In addition to having successfully defended privacy class actions, he has worked with clients to conduct privacy and data collection audits; prepares privacy policies; advises on mobile apps and privacy; provides counseling on children’s privacy and COPPA compliance; and advises on online behavioral advertising, CAN-SPAM, and the Telephone Consumer Protection Act. Jimmy is also a member of DWT’s Breach Response Team.

In addition, Jimmy works closely with clients on advertising, marketing, and promotion campaigns. He provides guidance on clearance of marketing content; advertising copy and product claims; sweepstakes, contests and promotions; regulatory compliance; endorsement, sponsorship, product placement, and brand integration deals; and digital marketing campaigns.

More uniquely, Jimmy has experience with online gambling and other digital gaming. He has advised about IP, Internet, advertising, and regulatory issues affecting this growing global industry—including the evolving U.S. market for online gaming, fantasy sports, and quasi-gaming businesses.

Jimmy was born in Saigon, Vietnam, the son of a judge. His family fled the night before Saigon fell in April 1975, and rebuilt their life in the United States. A precocious achiever with a life history of excelling early, Jimmy graduated college from UCLA at age 19 and law school at 22. Competing for Mt. San Antonio College, he was a seven-time national gold medalist in collegiate speech competition and two-time winner of the top overall speaker award at the Phi Rho Pi national tournament. Jimmy attended law school at the University of Southern California on a full scholarship and was the youngest member of his class. There, he was champion and chair of the Hale Moot Court Honors Program, and champion of the 1995 Jerome Prince National Evidence Moot Court Competition.

Today, Jimmy is a speaker, writer, and commentator on IP, technology, and diversity topics. Jimmy has chaired the State Bar of California’s IP Law Section and co-chaired the Beverly Hills Bar Association’s IP, Internet and New Media section.  A diversity advocate, Jimmy formerly co-chaired the California Minority Counsel Program and was a longtime member of its Board of Directors.

Outside of law, Jimmy founded the Diverse Story Project, an online diversity campaign. Active in the LGBT community, he previously served on the Board of Equality California and is a creative producer of "it gets better," touring musical theater shows to help stop bullying of LGBT youth. He hosts his own web series, and is a regular contributor on diversity and equality issues for The Huffington Post and other media outlets.  In 2010, the Advocate magazine named Jimmy to its Forty under 40 list of top LGBT persons in America. In 2012, he was named one of the "Most Influential LGBT Asian Icons" by The Huffington Post.

For many years, Jimmy was a volunteer coach for the Mt. San Antonio College speech and debate team—which he helped lead to numerous national titles. He co-founded the American Readers Theater association and has served as director of its national tournament since 2001. And in some of his most fun experiences, Jimmy has served as a preliminary judge for three Miss Universe pageants—2011 (Sao Paulo, Brazil), 2012, (Las Vegas, Nevada) and 2014 (Doral/Miami, Florida) – and the Miss USA 2016 pageant.

Representative Experience

Intellectual Property Litigation

Advanced Access Content System Licensing Administrator, LLC v. Lanny Shen d/b/a DVDFab and Fengtao Software, Inc., et al.

Representing AACS LA—whose members are motion picture content providers, consumer electronics manufacturers, and information technology companies—which controls the content protection technology for Blu-ray discs, in action alleging violation of the Digital Millennium Copyright Act’s anti-circumvention provisions to obtain remedies from a U.S. court against operators of numerous foreign rogue websites selling “DVDFab” software that allows users to circumvent the protection technology on motion picture and TV program Blu-ray discs. Obtained a preliminary injunction March 5, 2014, directing defendants who reside outside the United States to cease operation of certain infringing websites and included an order that third-party service providers to the rogue websites, including domain name registries and registrars, as well as search engines and payment processors, stop providing services to the defendants. One of the defendants later appeared seeking to vacate default and to challenge the extraterritorial scope of the injunction under the Copyright Act. The Court denied that defendant’s requests and its motion for reconsideration of that denial. The defendant has appealed. The case is still pending. (S.D.N.Y. and 2nd Cir. Ongoing)

Rosen v., Inc.

Defended, Inc. in a suit by a photographer alleging direct and vicarious copyright infringement due to third-party sellers’ uploading of allegedly infringing images (of autographed celebrity prints) to the Amazon online marketplace. The case raised issues about the Digital Millennium Copyright Act safe harbors and fair use, including whether an online service provider (after receiving a DMCA takedown notice) is required to disable image files stored on an internal server for technical reasons, in addition to disabling access to the disputed images on its public Web pages. Defeated plaintiff’s motion for partial summary judgment on liability issues, and the case resolved thereafter. (C.D. Cal. 2014)

Pamella Lawrence v. Sony Pictures Entertainment Inc., et al.

For Sony Pictures Entertainment and 30 other defendants, obtained dismissal in a federal copyright case, as well as four state court cases, related to the British (2007) and American (2010) versions of the comedy film "Death at a Funeral." Plaintiff alleged that defendants infringed her book and the video of an assault she suffered at a funeral to produce the films (or alternatively, Plaintiff alleges breach of an implied agreement and other state law claims). Won summary judgment on the copyright claims in federal court, and a $200,000 attorney’s fee award; on appeal, both rulings were affirmed by the 9th Circuit.

Won dismissal at the pleading stage of four additional state court cases filed by the plaintiff, and obtained a ruling that deemed the plaintiff a vexatious litigant. Plaintiff’s further attempts to seek review in the California appellate courts and U.S. Supreme Court have been rejected. (C.D. Cal., 9th Cir., LA Cnty. (Cal.) Super. Crt., Calif. App. 2011-2014)

Entrepreneur Media, Inc. v. Ariadne Capital Limited

Defended U.K. venture capital and advisory firm in trademark litigation filed by owner of ENTREPRENEUR magazine, challenging client’s use of ENTREPRENEURCOUNTRY mark. Case was resolved. (C.D. Cal. 2014)

Gogo Sports, Inc. v. Major League Baseball Properties, Inc. and San Francisco Baseball Associates, L.P.

California co-counsel for MLB Properties and the San Francisco Giants baseball club in trademark litigation against sports clothing manufacturer over infringement of SAN FRANCISCO script mark. The defense team successfully moved to transfer venue from the Central District of California to the Northern District of California. After lengthy negotiations, the case and broader issues between the parties were resolved with a stipulated consent judgment and permanent injunction that restrained the manufacturer’s activities in order to protect all other MLB club marks with geographic designations. (N.D. Cal. 2014) 

Intrust Financial Corp. v. nTrust Corp.

Representing emerging company which provides an electronic peer-to-peer money transfer service applicant and seeks registration of its NTRUST mark, in opposition proceeding brought by owner of INTRUST and INTRUST BANK family of marks (registered primarily for banking services). This is one of the rare TTAB opposition proceedings that proceeded to the trial period, where it currently is awaiting a decision on the merits. (TTAB Ongoing)

Quiksilver, Inc. v. Kymsta Corp.*

Represented manufacturer of Roxywear clothing, in eight-year trademark case against Quiksilver’s Roxy mark. Lead trial counsel in two federal jury trials and two 9th Circuit appeals, which ended with client able to continue using its mark as it always had. (C.D. Cal. and 9th Circuit—completed in 2010; prior published decision at Quiksilver, Inc. v. Kymsta Corp., 466 F.3d 749 (9th Cir. 2006))

Domain Name Proceedings

Crowdfund International LLC v. PleaseFund.Us Ltd.

Successfully represented domain name Registrant PleaseFund.Us Ltd in U.S. nexus dispute before National Arbitration Forum over whether Registrant had a sufficient nexus with United States to hold a U.S. domain name. Prevailed in defeating the complaint and obtained a decision finding the Registrant had a sufficient nexus with United States and was entitled to retain its U.S. domain name. This appears to be the first decision in a NAF proceeding focused solely on the U.S. Nexus Requirements. (NAF 2013)

Columbia Pictures Industries, Inc. v. INternational Pictures

Represented Columbia Pictures Industries in successful UDRP proceeding to reclaim domain name, which infringed client’s trademark rights to the famed “Fantasy Island” television series, from a cybersquatter. Prevailed in proceeding and domain name was transferred to client. (WIPO 2012)

Privacy Class Actions and Proceedings

Robert Capp v. Nordstrom, Inc.

Defended putative class action under California’s Song Beverly Credit Card Act related to collection of email addresses for purposes of issuing an e-receipt to Nordstrom customers. Case resolved while Nordstrom’s summary judgment motion was pending. (E.D. Cal. 2015)

David Boorstein v. Men’s Journal, LLC

Defended magazine publisher in one of the first wave of privacy class actions under California's "Shine the Light" law—which relates to the practice of businesses sharing personal information about their customers so third parties can directly market to them. The plaintiff claimed that the Men’s Journal website privacy policy did not satisfy certain notice requirements in the statute. Won dismissal with prejudice at the pleading stage based upon plaintiff's failure to allege any cognizable injury, and obtained precedential decisions that have been cited in other "Shine the Light" cases. After Plaintiff appealed, appellate briefing was completed, and the court announced it would rule without oral argument, case was resolved and the appeal was dismissed. (C.D. Cal.; 9th Cir. 2011-2014)

Max Smith v. Microsoft Corp.

Part of case team that defended Microsoft in one of the first wave of privacy class actions under California’s “Shine the Light” law—which relates to the practice of businesses sharing personal information about their customers so third parties can directly market to them. The plaintiff claimed that various Microsoft websites fail to satisfy notice requirements in the Shine the Light statute. In response to a motion to dismiss for improper venue, the plaintiff voluntarily dismissed the action.  (C.D. Cal. 2012)

Daniel Richardson v. VIP Research, Inc. and Journal Broadcast Group, Inc.

Defended Journal Broadcast Group, Inc. in a putative class action alleging that its radio stations violated the Telephone Consumer Protection Act when a research company placed music survey telephone calls to mobile telephone numbers. Case was favorably resolved and dismissed. (D. Neb. 2015)

Online Interest-Based Advertising Accountability Program v. Kia Motors America, Inc.

Represented Kia Motors America, the first major advertiser subject to an inquiry proceeding by the Better Business Bureaus’ Online Interest-Based Advertising Accountability Program (created in 2011 to enforce the Self-Regulatory Guidelines for Online Behavioral Advertising.) The Accountability Program challenged whether Kia Motors America failed to comply with the Self-Regulatory Guidelines with respect to a behaviorally-targeted online advertising campaign that did not serve the "AdChoices" icon to provide consumers enhanced notice that the ad was served based on interests inferred from their Internet browsing history. Representation led to an Oct. 1, 2012, decision that was favorable to Kia and stated that the Accountability Program "is pleased with Kia’s prompt action in addressing the compliance issues in inquiry. We commend Kia for taking steps to clarify its support of the OBA Principles to its agency and ad network partners." (Advertising Self-Regulatory Counsel/Council of Better Business Bureaus – Online Interest-Based Accountability Program, 2012)

False Advertising and Other Consumer Class Actions

CrossFit, Inc. v. National Strength and Conditioning Association

Co-counsel defending the NSCA in a false advertising and trade libel case. CrossFit alleges that Devor Study (published in NSCA’s scientific research journal) made a false statement about injury data from participants in the study of CrossFit’s exercise program. (S.D. Cal. Ongoing)

Kaskoris v. General Nutrition Centers, Inc.

Defending GNC in putative class action challenging sale prices advertised for products on website as deceptive and misleading. (S.D. Cal. Ongoing)

Gennock v. General Nutrition Centers, Inc.

Defending GNC in putative class action challenging sale prices advertised for products on website as deceptive and misleading. (W.D. Pa. Ongoing)

Andrea Fagerstrom v., Inc.

Part of team that defended Inc. in putative class action challenging list prices advertised for products offered on the online marketplace. Class action complaint was dismissed due to arbitration provision. Plaintiff has now filed an individual arbitration on her claim. (S.D. Cal. 2015; AAA ongoing)

Louise Clark v. Citizens of Humanity, LLC, et al.

Part of team that defended online retailer BOP, LLC (owned by, Inc.) in putative class action challenging “Made in the U.S.A.” advertising claims. (S.D. Cal. 2015)

William Bauer v. Atlantis Events, Inc.

Defeated putative consumer class action under California Consumer Legal Remedies Act, California Business & Professions Code section 17200, and common law theories, where plaintiffs sought to invalidate as unenforceable the cancellation fee policy in a tour operator’s contract with customers. Won dismissal with prejudice at the pleading stage, and a fee award under the customer contract at issue. Won again on appeal, as 9th Circuit affirmed decision on the merits and also granted fee motion on appeal (C.D. Cal.; 9th Cir. 2016)

Counseling and Transactions

Privacy work

Provide wide range of privacy and data security counseling and transactional services for companies such as Bauer Publishing Group, Big Heart Pet Brands (formerly Del Monte Foods), Condé Nast International, Hot Topic, Hyundai Capital America, Kia Motors America, Microsoft, Pacific Theaters, Reading International/Consolidated Entertainment, Sony Computer Entertainment America, Sundance Cinemas, and Wenner Media.

Work has included conducting comprehensive website audit of privacy and Web data collection practices; preparing and updating clients’ privacy policies, website terms of use, and mobile app privacy policies and end user license agreements. Have also advised on compliance with the Children’s Online Privacy Protection Act and its implementing rule/regulations; privacy and data security provisions for vendor contracts; data-sharing; online behavioral advertising issues; CAN-SPAM compliance; mobile marketing and the Telephone Consumer Protection Act.

Advertising, marketing and promotions work

Provide wide range of advertising, marketing, and promotions work for companies such as Bauer Publishing Group, Hot Topic, Hyundai Capital America, J. Crew Group, Kia Motors America, Mattel, Microsoft, Miss Universe Organization, Monster Energy Company, Open Road Films, and Sony Pictures Entertainment.

Experience has spanned campaigns involving traditional media, Internet, social media, mobile platforms, user-generated content, and brand integration. Review and clearance of marketing material; music licensing and clearance; advice on advertising claim substantiation and comparative advertising; online, mobile and social media advertising—including behaviorally targeted ads; CAN-SPAM and mobile marketing issues; sweepstakes, contests and promotions; loyalty program rules and termination. Have negotiated celebrity endorsement agreements; brand integration, sponsorship and co-promotion deals; digital advertising deals; marketing vendor and agency contracts.

Digital media counsel for Journal Communications

Acted as digital media transactional counsel for Journal Communications and its publishing and broadcast media entities. Handled wide range of deals involving distribution of content via over-the-top television applications, e-readers and online media, Internet video exploitation, licensing of content for publication’s mobile apps, creation of online hosted archives of news content and photographs, Internet advertising platforms, cloud computing, and online behavioral advertising.

Transactions and counseling for Miss Universe Organization

Act as outside counsel on a range of matters for the client’s various pageant systems. Negotiated renewal of broadcast license and distribution agreements for Miss Universe and Miss USA telecasts. Counseled on issues related to inclusion of transgender contestants after the 2012 controversy surrounding disqualification of Miss Canada Universe contestant Jenna Talackova, and helped re-write rules to permit transgender contestants. Advised on issues related to pageant system contracts, digital media exploitation, social media marketing, and music deals.

Digital media counsel for Los Angeles Times

Provide advice and handle transactions related to digital promotion and advertising, matters and online loyalty programs.

Entertainment counsel for LEGO Group

Acted as entertainment counsel on deals for film, television, home video, Internet, and video game projects based upon LEGO properties.

Digital production work for Fandango

Oversaw legal work and negotiated deals for production of new commercial campaign and production of original Web series.

Event production work for Major League Baseball*

Assisted with production legal work for 2010 and 2007 MLB All-Star Games.

Entertainment counsel for Special Olympics World Summer Games*

Led U.S. entertainment production legal work for the 2007 Special Olympics World Summer Games in Shanghai, China.
* Denotes experience completed at a prior firm

Additional Qualifications

  • Partner, Wildman, Harrold, Allen & Dixon LLP, Beverly Hills, 2008-2011
  • Partner, Co-chair (and Co-founder), Entertainment & Media Industry Team, Vice Chair, Intellectual Property Litigation Practice, 2004-2008; Associate and then Senior Counsel, 1995-1997, 1998-2004 – Foley & Lardner LLP, Los Angeles

Professional & Community Activities

  • Co-chair, 2010; Executive Committee member, 2005-2015 – California Minority Counsel Program
  • Immediate Past Chair, 2010-2011; Chair, 2009-2010; Executive Committee member, 2004-2010 – State Bar of California IP Law Section
  • Law Firm Advisory Board, Association of Media & Entertainment Counsel, 2009, 2012-present
  • International Association of Privacy Professionals
  • International Association of Gaming Advisors
  • Fellow, Litigation Counsel of America, 2010-2014
  • The Association of Business Trial Lawyers
  • Co-chair, IP, Internet and New Media Section, Beverly Hills Bar Association, 2003-2004
  • Forum on Entertainment & Sports, American Bar Association
  • Copyright Societies of the USA and Los Angeles
  • International Trademark Association
  • American Intellectual Property Association
  • Board of Directors, Equality California, 2007-2011
  • Co-founder, American Readers Theater association (ARTa) (Legacy Award recipient, 2005 and National Tournament Director 2001-present)
  • Coalition of Asian Pacifics in Entertainment (CAPE)

Professional Recognition

  • Named "Top 100 Under 50 Diverse Executive Leaders," by Diversity MBA Magazine, 2015
  • Named to the "Diversity Leader Hall of Fame," California Minority Counsel Program, 2015
  • Named to the "Lawdragon 500 Leading Lawyers in America" list by Lawdragon, 2008
  • Honored as IP Lawyer of the Year, by the Century City Bar Association, 2011
  • Named to the "Lawdragon 3000 Leading Lawyers in America" list by Lawdragon, 2010
  • Corporate LiveWire Global Award, Advertising, Marketing & Promotions – California, 2015, 2016 
  • Lawyer of the Year, Advertising Law - Los Angeles, Corporate LiveWire, 2014
  • Named one of the "Top 20 Lawyers under 40 in California" by the Daily Journal, 2010
  • Recognized as one of the “Best LGBT Lawyers Under 40” by the National LGBT Bar Association, 2010
  • Named to list of "Most Influential LGBT Asian Icons" published by Huffington Post, 2012
  • Named to the “Forty under 40” list of top LGBT persons by Advocate magazine, 2010
  • "Alumnus of the Year," Mt. San Antonio College, 2010
  • Named to the "New Worlds, New Stars" list by Lawdragon, 2006
  • Founders Award, Association of Media & Entertainment Counsel, 2009
  • Named one of the "Best Lawyers Under 40" by the National Asian Pacific American Bar Association, 2005
  • Selected to "Southern California Super Lawyers" in Intellectual Property by Thomson Reuters, 2005-2016
  • Selected to "Southern California Rising Stars" in Intellectual Property Litigation by Thomson Reuters, 2004
Jummy Nguyen discusses the value of the California Minority Counsel Program