James R. Burrell

Associate

San Francisco

1100 Sansome Street

San Francisco, CA 94111

Office: +1 415.956.1900

Direct: +1 628.283.3623

[email protected]

James R. Burrell is an Associate of Bartko Pavia LLP in the Intellectual Property Practice.

James R. Burrell is an Associate of Bartko Pavia LLP in the Intellectual Property Practice. He represents businesses in high-stakes disputes at the intersection of law, technology, and brand protection. His practice involves handling complex cases related to cybersecurity threats, regulatory enforcement, and intellectual property litigation. With a background in information systems and cybersecurity, James combines technical expertise with litigation strategy to address issues such as data breaches and regulatory enforcement actions.

James has successfully represented Fortune 500 companies, global enterprises, and high-growth innovators in various litigations, including privacy class actions, cybersecurity breaches, and regulatory investigations. He has also handled intricate intellectual property disputes, securing favorable outcomes in cases related to trademark enforcement, trade secret misappropriation, domain name disputes, and copyright claims. His cases often involve cutting-edge issues in digital advertising, online content enforcement, and the evolving legal landscape surrounding artificial intelligence and consumer data.

Renowned for his ability to distill complex legal and technological issues into compelling arguments, James is a sought-after litigator for high-stakes cases that require innovative legal theories, technical fluency, and strategic advocacy. He has experience managing critical phases of litigation, from obtaining preliminary injunctions to successfully appealing in federal courts.

Informed by his litigation experience, James also advises businesses on privacy compliance and regulatory risks, helping clients proactively address obligations under various data protection laws, including GDPR, CCPA/CPRA, HIPAA, and GLBA. As a Certified Information Privacy Professional (CIPP/US), he collaborates with companies to develop compliance strategies that minimize legal exposure while aligning with broader business objectives.

James previously served as a judicial law clerk for the Honorable Dee Benson of the U.S. District Court for the District of Utah. He earned his J.D. from Harvard Law School, where he worked with the Berkman Klein Center for Internet & Society, researching emerging issues in privacy law and internet governance. Prior to practicing law, he worked as a systems integration and cybersecurity consultant for an international consulting firm, experience that now informs his legal practice at the intersection of law, technology, and business.

  • Harvard Law School, J.D.
  • Brigham Young University, B.S. in Information Systems, summa cum laude
  • State Bar of California
  • United States Court of Appeals for the Ninth Circuit
  • United States District Court for the Northern District of California
  • United States District Court for the Central District of California

Privacy & Cybersecurity Litigation

  • Secured a favorable arbitration ruling for a national telecommunications company in a high-stakes trade secret dispute against a former business partner, protecting proprietary customer data and preventing competitive misuse of business strategies.
  • Successfully resolved multiple privacy disputes involving chatbot and digital tracking technologies under the California Invasion of Privacy Act (CIPA), negotiating favorable settlements that minimized financial exposure and eliminated ongoing litigation risk.
  • Defended an insurance processor against data breach claims, successfully shifting liability to a third-party vendor and obtaining full indemnity for the client—completely avoiding financial liability and prolonged litigation.
  • Advised and represented a business targeted in a cybersecurity attack, recovering stolen funds after hackers exploited vulnerabilities in online authentication protocols to commit bank fraud.

Intellectual Property Litigation and Enforcement

  • Defended a fintech startup against a Fortune 500 company’s overreaching trademark claims, successfully challenging its assertion of exclusive rights to a common term. Prevailed on distinctiveness arguments, leading to a favorable settlement that preserved the client’s branding, trademarks, and domain names.
  • Represented songwriters in a high-profile copyright lawsuit against a major recording artist, alleging unauthorized use of original lyrics in a chart-topping song. Successfully argued on appeal that originality was a factual issue, resulting in the case’s reinstatement and positioning it for a favorable settlement.
  • Secured personal jurisdiction over a European defendant in federal court for ACPA and tort claims, forcing a favorable settlement that upheld the client’s trademark and domain rights.
  • Represented a California-based product designer in a trade secret and IP theft dispute against its foreign manufacturing partner, achieving a settlement that safeguarded proprietary technology and prevented future misuse.
  • Successfully defeated multiple motions to dismiss in a high-profile trademark infringement case in SDNY, paving the way for a favorable pre-discovery settlement.

Digital & Internet Law Disputes

  • Resolved a high-stakes regulatory dispute for a national telecom company, negotiating directly with city officials to secure key public-private infrastructure agreements.
  • Defeated claims against a social media startup accused of bad-faith DMCA takedown notices, successfully defending the company’s platform enforcement practices and securing full attorneys’ fees.
  • Won a breach-of-contract judgment against a video game publisher for violating development terms, recovering substantial lost revenue for a video game developer after the publisher made unauthorized pricing changes and bundling decisions.
  • Led domain name and internet enforcement actions through arbitration, UDRP proceedings, and strategic pre-litigation settlements, protecting brand owners from cybersquatting, online fraud, and reputational harm.

Strategic Data Privacy and Compliance Advisory

  • Advised a leading online platform provider on comprehensive privacy compliance across U.S. state laws, including CCPA/CPRA, Virginia CDPA, and Colorado CPA, as well as international regulations such as GDPR, UK GDPR, Australia, New Zealand, Korea, Japan, and Brazil—ensuring full regulatory alignment and risk mitigation.
  • Guided a California-based hedge fund with a London office through CCPA, GDPR, and UK GDPR compliance, implementing data mapping, privacy impact assessments, and customized privacy policies to reduce cross-border regulatory risk.
  • Developed a privacy and AI governance strategy for a cutting-edge AI startup, ensuring compliance with GDPR and CCPA while proactively addressing legal risks related to AI training data integrity and ethical AI deployment.
  • Led a full-scale CCPA/CPRA and GDPR compliance program for an international automotive performance brand, creating privacy policies, data retention frameworks, and scalable compliance structures to enhance regulatory preparedness.
  • Counseled a South Korea-based social media platform on comprehensive U.S. and global privacy compliance, including CCPA, GDPR, and stringent child data protection regulations under COPPA and California law—ensuring full legal adherence while preserving business growth opportunities.

James regularly writes and speaks on emerging issues in privacy, cybersecurity, and intellectual property law, offering strategic insights on regulatory trends and litigation developments.

  • Author, “Key Takeaways from the 2023 CLA Privacy Summit” – Offered strategic insights on the latest developments in data privacy, cybersecurity enforcement, and regulatory trends, highlighting key risks and compliance challenges.
  • Contributor, “Litigating the ACPA: Strategic Approaches to Cybersquatting Disputes” – Examined best practices for brand owners in cybersquatting litigation, including enforcement strategies, jurisdictional hurdles, and evolving case law.
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