Biography
James J. Marcellino
Of Counsel / 617 226-3413 / Email / PDF
Office: Boston
Experience
Mr. Marcellino is a Fellow of the American College of Trial Lawyers
Qualified as a mediator under Massachusetts law
From 1991 to 2007, Mr. Marcellino was a Capital Partner and then counsel in the law firm of McDermott Will & Emery LLP
Deputy and Special Assistant Attorney General in Massachusetts
Boston Redevelopment Authority, Project Director and Attorney for Downtown Waterfront - Faneuil Hall Urban Renewal Area
Representative Engagements
- Murray v. Shaw Indus., 990 F. Supp. 46 (D.C. Mass. 1997), trial of copyright infringement action.
- Walton v. Walton, Massachusetts Superior Ct., trial of action involving alleged breach of fiduciary duty in a close corporation and expert valuation testimony.
- Lasell Village, Inc. v. Board of Assessors of Newton, 67 Mass. App. Ct. 414 (2006), trial before Appellate Tax Board and appeal to Massachusetts Appeals Court, in action involving claimed charitable exemption from real estate taxes.
- Represented departed employees and new corporation in defending several million dollar claim by prior employer; worked with client to prepare for, and participated in extensive and successful mediation to resolve the dispute.
Education
- College of the Holy Cross, B.A., 1965
- Boston University, M.B.A., 1976
- Boston College Law School, J.D., 1968
Bar and Court Admissions
- Massachusetts Bar
- U.S. District Courts for Massachusetts and Northern California
- U.S. Court of Appeals for First and Ninth Circuits
Professional Involvement
- American Arbitration Association, Commercial Panel
- High Technology Committee of the Center for Public Resources
- Member of Panel of Mediators For Matters Referred from U.S. District Court in Massachusetts
- Appointed Committee Member on ADR in Massachusetts Trial Court by the Chief Justice for Administration and Management
Teaching
- As an Adjunct Faculty member, Mr. Marcellino currently teaches a course in lawyering skills at Boston College Law School and previously taught a course in high technology law. Mr. Marcellino also lectures on litigation, with particular focus on computer and intellectual property matters, to client, industry and professional groups.
Honors
- Boston Bar Association, former President
- Boston College Law School Alumni Association, former President
- Boston Inn of Court, former President
Publications
- “Expert Witnesses in Software Copyright Infringement Actions” (Computer Law Journal, Vol. VI, No. 1)
- “Court-Appointed Experts – Practical Implications for Software Copyright Actions” (The Computer Lawyer, Vol. 5, No. 5)
- “Due Diligence as a Two-Edged Sword: Potential Liability of Venture Capitalists Funding High Tech Start-Ups” (University of Santa Clara Law School Computer and High Technology Law Journal, Vol. 2, No. 1)
- “Fair Use in the Context of a Global Computer Network—Is a Copyright Grab Really Going On?” (Information & Communications Technology Law, Vol. 6, No. 2)
- “To Tax-Affect or Not? – Valuing Close Corporations” (Practice U.S./Domestic Tax Strategies, Vol. 6, No. 6)
