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James Stepan

Partner

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James Alexander Stepan is a Partner with Mayback & Hoffman, P.A.

Mr. Stepan practices in the areas of Intellectual Property, Commercial Litigation, and Business Transactions. His practice includes trademark litigation, registration, and licensing, technology issues, trademark cancellation and opposition proceedings, trade dress, false designation of origin, patent infringement, unfair competition, false advertising, trade secrets, misappropriation of name, likeness, and image, copyrights, business disputes, racketeering (RICO), business fraud, contract disputes and negotiation, social media, franchise disputes, insurance coverage and insurance fraud, insurance coverage for intellectual property, gray marketing, counterfeits, non-competition, non-solicitation, confidentiality, and non-disclosure agreements, cyber-squatting, domain name and ICANN disputes, and data security in state and federal court and arbitrations and before the United States Patent & Trademark Office.

Mr. Stepan has significant experience in jury and bench trials, arbitration hearings, injunction hearings, motion hearings, depositions, mediations and settlement conferences, discovery, appeals, contract negotiation, drafting and review, intellectual property portfolio management, trademark office actions, trademark opposition and cancellation proceedings, transactional matters, and management of foreign associates. Mr. Stepan also serves as an expert witness in attorney’s fee disputes. He is also Board Certified as a Specialist in Intellectual Property as Accredited by the Florida Bar.

Mr. Stepan volunteers for the Cystic Fibrosis Foundation as a member of the Broward/Boca Raton advisory boards and on event committees. Mr. Stepan has also spoken at several conferences and authored several articles.

Mr. Stepan is a member of the Florida Bar and is admitted to practice before United States District Court for the Southern and Middle Districts of Florida and the United States Court of Appeals for the Eleventh Circuit. He received his Juris Doctor from the University of Florida College of Law in 1999. While in law school, Mr. Stepan served as a two-term officer of the moot court team, a legal research and writing teaching assistant, an officer of the Phi Delta Phi legal honors fraternity, and an intern at the State of Florida Attorney General’s office. He received his Bachelor of Arts in International Studies with Departmental Honors from The Johns Hopkins University in 1996.

Board Certifications

• Board Certified as a Specialist in Intellectual Property as Accredited by the Florida Bar

Education

• Juris Doctor, University of Florida College of Law Gainesville, Florida (1999)

• Bachelor of Administration in International Studies with Departmental Honors, Johns Hopkins University (1996)

Professional Organizations

• Florida Bar, Standing Committee on Professionalism, 2017-2018

• International Trademark Association (INTA), Right of Publicity Subcommittee of the Related Rights Committee, 2014-2015

• International Trademark Association (INTA), Emerging Issues Committee, 2018-2019

• Florida Bar, Intellectual Property Law Committee

• Florida Bar, Business Law Section, Member

• Cystic Fibrosis Foundation – Advisory Board for Broward County/Boca Raton, Florida

• South Florida Technology Alliance

Honors / Awards

• 40 Under 40, South Florida Business Journal, 2011

• 40 Under 40 Outstanding Lawyers of Miami-Dade County, 2011

• Florida Trend’s Legal Elite, 2015-2018

• Florida Trend’s Legal Elite “Up and Comer” 2012, 2013, and 2014

• Florida Super Lawyers, 2015-2018

• Super Lawyers, Rising Star, 2013 and 2014

• South Florida Legal Guide, Intellectual Property 2016-2018

• South Florida Legal Guide, Up and Comer for Intellectual Property, 2013 and 2014

Admissions

• The Florida Bar

• U.S. District Court, Southern District of Florida

• U.S. District Court, Middle District of Florida

• U.S. Court of Appeals, 11th Circuit

Experience

• Partner, Genovese, Joblove and Battista, P.A. (2012-2013)

• Partner, Feldman Gale, P.A. (2009-2012)

• Associate, Feldman Gale & Weber, P.A. (2000-2012)

• Associate, Roberts& Reynolds, P.A., West Palm Beach, FL, Associate (1999 – 2000)

Languages

• Mr. Stepan is conversant in French and Italian

Representative Cases

• VMR Products LLC v. V2H ApS and V2 Tobacco A/S, 2016 WL 7669497 (C.D. Cal. December 29, 2016)

• VMR Products LLC v. V2H ApS and V2 Tobacco A/S, 2016 WL 1177834 (C.D. Cal. March 18, 2016)

• Corcel Corp. v. Ferguson Enterprises et al., 291 F.R.D. 680 (S.D. Fla. 2013)

• AlphaMed Pharmaceuticals Corp. v. Arriva Pharmaceuticals, Inc. et al., 432 F. Supp.2d 1319 (S.D. Fla. 2006), affirmed 294 Fed. App’x. 501 (11th Cir. 2008)

• AlphaMed Pharmaceuticals Corp. v. Arriva Pharmaceuticals, Inc. et al., 2005 WL 5960935 (S.D. Fla. Aug. 24, 2005)

• Fontana Investors LLC v. South Beach Resort Development LLC, 2014 WL 803963 (S.D. Fla. Feb. 14, 2014)

• United Automobile Insurance Co. v. Libman et al., 46 So. 3d 1101 (Fla. 3d DCA 2010)

• Inmuno Vital, Inc. v. Telemundo Group, 203 F.R.D. 561 (S.D. Fla. 2001)

Published Works and Lectures

• Best Practices: Use of Intellectual Property to Safeguard your Company’s Technology

• Future of Law in a Tech World

• Advertising Injury Insurance Coverage and Intellectual Property Lawsuits

• Information – The lifeblood of your business (and how best to protect it)

• Civil RICO and other Remedies Against Insurance Fraud

• Regulation of Chiropractic Assistants in Florida

• Defending your IP and Preventing Potential Lawsuits

• Five Factors Determine if False Advertising Case Can Proceed

• Strategies to Defend Against Attorney’s Fees Claims in Insurance Cases