People: James D. McNairy, Partner

Photo of James D. McNairy, Partner

James D. McNairy

Partner

Sacramento
Direct: (916) 498-7051
Fax: (916) 558-4839
San Francisco
Direct: (415) 397-2823
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Mr. McNairy is a partner in the Litigation Department of Seyfarth Shaw LLP.  He specializes in matters involving trade secret, non-compete, computer fraud, unfair competition, and related business tort claims. He prosecutes and defends trade secret misappropriation claims, as well as efforts to enforce/invalidate restrictive covenants in employment-related agreements, including obtaining and defending against associated expedited discovery and relief.  Mr. McNairy has represented Fortune 500 companies in some of their most challenging and significant engagements in these areas.  He also provides advice to clients concerning best practices for protecting and enforcing intellectual property rights and addressing restrictive covenants in employment-related agreements.

His practice also focuses on complex business litigation involving, among other things: breach of contract; fraud; insurance bad faith; franchise, dealer and distribution disputes; business torts; false advertising; discriminatory pricing; and commercial loan enforcement (enforcement of loan guarantees and judicial foreclosure).  He has represented clients in state and federal courts, including jury trials and appellate matters, and in alternative dispute resolution (arbitrations and mediations).

Representative matters include working for privately held and publicly traded entities in the technology, semiconductor, nanotechnology, healthcare, banking, financial services, insurance, wholesale commercial goods, coatings, broadcast and internet media, retail consumer products, food service, and construction industries.

Mr. McNairy serves as a member of the Executive Committee of the State Bar of California’s Intellectual Property Law Section.  He routinely writes and presents on trade secret, non-compete and computer fraud issues and is a contributing editor to the 2011 Supplement to Trade Secret Litigation and Protection in California, a widely referenced publication of the Intellectual Property Section of the State Bar of California. 

Mr. McNairy is a partner in the Litigation Department of Seyfarth Shaw LLP.  He specializes in matters involving trade secret, non-compete, computer fraud, unfair competition, and related business tort claims. He prosecutes and defends trade secret misappropriation claims, as well as efforts to enforce/invalidate restrictive covenants in employment-related agreements, including obtaining and defending against associated expedited discovery and relief.  Mr. McNairy has represented Fortune 500 companies in some of their most challenging and significant engagements in these areas.  He also provides advice to clients concerning best practices for protecting and enforcing intellectual property rights and addressing restrictive covenants in employment-related agreements.

His practice also focuses on complex business litigation involving, among other things: breach of contract; fraud; insurance bad faith; franchise, dealer and distribution disputes; business torts; false advertising; discriminatory pricing; and commercial loan enforcement (enforcement of loan guarantees and judicial foreclosure).  He has represented clients in state and federal courts, including jury trials and appellate matters, and in alternative dispute resolution (arbitrations and mediations).

Representative matters include working for privately held and publicly traded entities in the technology, semiconductor, nanotechnology, healthcare, banking, financial services, insurance, wholesale commercial goods, coatings, broadcast and internet media, retail consumer products, food service, and construction industries.

Mr. McNairy serves as a member of the Executive Committee of the State Bar of California’s Intellectual Property Law Section.  He routinely writes and presents on trade secret, non-compete and computer fraud issues and is a contributing editor to the 2011 Supplement to Trade Secret Litigation and Protection in California, a widely referenced publication of the Intellectual Property Section of the State Bar of California. 

Education

  • J.D., University of the Pacific, McGeorge School of Law (2003)
    with distinction
    Witkin Awards for Excellence in Legal Writing and Research, Patent Law, and Administrative Law
    Dean’s List
    Law Review Board of Editors
    Associate Articles Editor, The Transnational Lawyer, 2002-2003
    Law Review Staff Writer, The Transnational Lawyer, 2001-2002
  • B.A., California State University, Sacramento (1995)

Admissions

  • California

Courts

  • All California Courts
  • U.S. District Court for the Central, Eastern and Northern Districts of California
  • U.S. Court of Appeals for the Ninth Circuit

Affiliations

  • American Bar Association (Litigation, Intellectual Property, and Labor and Employment Sections)
  • California Bar (Litigation, Intellectual Property, and Labor and Employment sections)

Presentations

  • "Trade Secrets and Cybersecurity: What Every Attorney Should Know," Bridgeport Continuing Education. Los Angeles, CA (May 17, 2013)
  • “How the America Invents Act Increases the Importance of Trade Secrets,” Seyfarth Shaw LLP Webinar (April 16, 2013) 
  • “Q&A With Seyfarth’s Jim McNairy,” Law 360, New York (April 10, 2013)
  • “Trade Secrets in the Telecommunications Industry,” Seyfarth Shaw LLP Webinar (February 20, 2013)
  • “2012 California Year in Review Webinar: What You Need to Know About the Recent Developments in Trade Secret, Non-Compete, and Computer Fraud Law,” Seyfarth Shaw LLP Webinar (December 18, 2012)
  • “Obtaining Injunctive Relief In Trade Secrets Cases,” 37th Annual Intellectual Property Institute (November 8, 2012)
  • “Hyperthreats Alert - Risk Management in 2012,” The Knowledge Congress Webcast Series (September 12, 2012)
  • “Protecting Your Trade Secrets in the Financial Services Industry,” Seyfarth Shaw Webinar (May 22, 2012)
  • “Key Considerations Regarding Trade Secrets and Non-Competes in Business Transactions, “ webinar (November 30, 2011)
  • “Why Every Lawyer Should Know More About Trade Secret Law,” 36th Annual Intellectual Property Institute IP in the West, Dana Point, CA (November 10-12, 2011)
  • “Choosing The Right IP Protection: Patent, Trade Secret, or Both,” webinar (October 6, 2011)
  • “E-Discovery Considerations for IP Litigation,” Masters Series, San Francisco (September 14, 2011)
  • “Trading Secrets: How to Adequately Protect Trade Secrets and Balance Employee Rights in California Intellectual Property Section,”  2011 State Bar Section Cyber Institute (January 25, 2011)
  • “Franchise and Dealer Relations: Protecting Your Trade Secrets and Brand,” webinar (July 28, 2010)
  • "Trade Secret Litigation and Protection in California," webinar (May 19, 2010)
  • “Trade Secret Protection and Litigation,” 2010 Cyber Institute, Intellectual Property Law Section of  the State Bar of California (April 8, 2010)
  • Dowell v. Biosense Webster, Inc.,”Intellectual Property Law Section of the State Bar of California (February 2010)
  • “K.C. Multimedia, Inc. v. Bank of America Technology & Operations, Inc., et al.," Intellectual Property Law Section of the State Bar of California (March 2009)
  • Asset Marketing Systems, Inc. v. Gagnon,” Intellectual Property Law Section of the State Bar of California (September 2008)

Publications

  • “New Ninth Circuit Case Acknowledges Trade Secrets Exception to Business and Professions Code Section 16600,” Westlaw, Cyberspace Lawyer (November 2008)
  • “California Supreme Court Rejects the Ninth Circuit’s Narrow Restraint Exception to California’s Prohibition on Employee Noncompetition Agreements,” Bloomberg Law Reports, Vol. 2, No. 34 (August 25, 2008)

Community Involvement

Mr. McNairy serves on the Board of Roseville Home Start, Inc., a nonprofit that works to successfully transition homeless families into affordable, sustainable permanent housing and self-sufficiency through a system of housing and support services that is comprehensive, flexible, accessible and accountable.