James V. Fazio is an experienced trial attorney and is a Partner in the San Diego office of GRSM. James focuses his practice on commercial, class action, and intellectual property litigation. He represents public and private companies in a wide variety of disputes, including those involving patent, copyright and trademark infringement, misappropriation of trade secrets, fraud, breach of contract, officer/director liability, unfair competition, interference, defamation, invasion of privacy, false advertising and various business tort claims. He has been practicing law since 1995 and was selected by his peers among the top ten intellectual property litigators in San Diego as published by The San Diego Daily Transcript in 2010, 2011, and 2014.
- Obtained a voluntary dismissal of a putative class action involving allegedly fictitious online discounts for alleged violations of the TCPA seeking millions of dollars on behalf of thousands of class members after filing a motion to dismiss with a request for judicial notice showing that plaintiff failed to disclose his prior written consent.
- Settled a putative class action alleging false advertising, unfair competition and CLRA claims involving allegedly false online advertising related to various automotive products on highly favorable terms after filing a demurrer and motion to strike for pennies on the dollar.
- Settled a complex case involving multiple defendants and numerous claims for trade secret misappropriation, interference and related claims directed to cost segregation software for pennies on the dollar.
- Won a demurrer dismissing without leave to amend a complaint alleging multiple Davis-Stirling Act violations and related claims against an HOA and its agent.
- Settled an acrimonious partnership dispute involving the alleged mismanagement over many years of numerous commercial properties in San Diego on highly favorable terms.
- Won a defense verdict after trial on a petition for writ of mandate filed by an embittered former Elks member against multiple Elks lodges, the national Elks foundation and 16 current and former officers alleging due process and Corporations Code violations, resulting in a dismissal of all claims with prejudice and zero damages.
- Settled alleged copyright infringement claims filed by a serial plaintiff in the music industry involving hundreds of alleged infringements by numerous AHL hockey teams on highly favorable terms after filing a motion to dismiss.
- Won a motion for judgment on the pleadings in arbitration and dismissal of claims filed by an embittered country club member against the club and its general manager seeking hundreds of thousands of dollars and attorney fees stemming from an alleged altercation between the plaintiff and other club members which was affirmed on appeal.
- Won a Rule 12 motion to dismiss with prejudice a putative class action involving claims against a corporate CEO for fraudulent non-disclosure of alleged defects in portable blenders.
- Won a motion for judgment on the pleadings in an HOA case involving claims for defamation and emotional distress alleged by one homeowner against the HOA’s President over a two-year period.
- Settled a highly complex partnership dispute involving over a dozen claims and cross-claims surrounding the alleged mismanagement over many years of a $30 million apartment building in Los Angeles and requiring plaintiffs to transfer their entire partnership interests to our clients.
- Negotiated a highly-favorable settlement of a putative class action for false advertising and related claims involving undisclosed online service fees.
- Resolved a highly-contentious real estate dispute between competing factions purporting to represent the one and only true Board of Directors of a large homeowners’ association in Hemet, California.
- Obtained a multi-million dollar settlement for an international regenerative medicine company in a complex case involving claims for fraud and breach of an asset purchase agreement.
- Settled a complex case involving claims for quantum meruit and conversion and cross-claims for misappropriation of trade secrets and related claims, as well as a parallel federal action for correction of inventorship, on behalf of a San Diego technology start-up company, resulting in a highly-favorable settlement and transfer of all intellectual property at issue to our client.
- Recovered millions of dollars for a public wireless company in multiple complex breach of contract matters, obtaining monetary recoveries nearly 20 times the attorney fees expended.
- Successfully represented a document camera company in the enforcement of multiple patents against several competitors in an ITC investigation and parallel district court cases, obtaining a consent order against one respondent, a default against a second respondent and a lucrative settlement with running royalties against a third respondent.
- Obtained a seven-figure settlement for an entertainment company client in a complex case involving computer hacking and related claims on the eve of trial.
- Obtained numerous lucrative settlements for a public company client in several multi-patent infringement actions involving multi-modal biometric technology.
- Obtained a lucrative settlement for an e-commerce and risk management client in a complex case involving theft of computer code and unfair competition after taking over the case from prior counsel.
- Won monetary sanctions against opposing counsel in a four-patent infringement case involving copy prevention technology, prompting an immediate and highly favorable settlement for our client.
- Successfully negotiated the dismissal of a breach-of-contract case for a global internet security company client shortly after filing a motion for sanctions against the plaintiff.
- Successfully defended an international shoe and apparel company in a trademark infringement action and reached a settlement that did not require payment of any monies to the plaintiff.
- Successfully defended an international solar tubing business in a bet-the-company lawsuit, obtaining a dismissal of the case less than four months after filing.
- Won a motion to sever and transfer a patent case for a global travel, real estate and hospitality company, resulting in a prompt and highly favorable settlement.
- Successfully defended several public computer companies in securities fraud class action lawsuits and parallel investigations by the Securities and Exchange Commission (SEC), obtaining dismissals of the district court cases and no-action letters from the SEC.
- Eye on Privacy 2021 Year in Review, 1.11.2022
- Trade Secret Litigation and Protection: A Practice Guide to the DTSA and the CUTSA, April 2022
- The Status of a Cannabusiness’ Ability to Seek Relief in the Courts — the ‘Illegality’ Issue, Cannabis Business Executive, 6.10.2020
Admissions
- California
- U.S. District Court, Southern, Northern, Eastern, and Central Districts of California
- U.S. Court of Appeals, Ninth Circuit
- U.S. Court of Appeals, Federal Circuit
Education
- J.D., cum laude, Syracuse University, 1995
- Syracuse Law Review Editor
- M.A.S., University of California, San Diego, 2010
- B.A., Colgate University, 1991
Honors
- Top 10 Intellectual Property Litigators in San Diego by The Daily Transcript, 2010, 2011 and 2014