Biography
James J. Marcellino
Of Counsel / 617 226-3413 / Email / PDF / VCARD
Office : Boston :
Areas of Concentration
Alternative Dispute Resolution; Business, Employment and Intellectual Property Litigation
Experience
Fellow of the American College of Trial Lawyers
American Arbitration Association training
Qualified as a mediator under Massachusetts law
From 1991 to 2007, 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
Chairman, Policy Advisory Board, City of Boston Department of Health and Hospitals
Vista Volunteer, Community Legal Counsel, Detroit, Michigan
Representative Engagements
- 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.
- 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.
Education
- College of the Holy Cross, B.A., 1965
- Boston College Law School, J.D., 1968
- Boston University, M.B.A., 1976
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
- Appointed Committee Member on ADR in Massachusetts Trial Court by the Chief Justice for Administration and Management
- Appointed Committee Member on Business Litigation Session Resource Committee by Massachusetts Superior Court Chief Justice
- Former Member of Panel of Mediators For Matters Referred from U.S. District Court in Massachusetts
- Former Member, American Arbitration Association, Commercial Panel
- Former Member, High Technology Committee of the Center for Public Resources, now known as CPR International Institute of Conflict Prevention and Resolution
- Emeritus Member, Lawyers’ Committee for Civil Right under Law (Boston Bar Association)
Teaching
- As an Adjunct Faculty member, taught a course in lawyering skills at Boston College Law School and previously a course in high technology law. Lectures on ADR and 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
- “Litigation and ADR: What Can Go Wrong and Sometimes Does,” presentation at 18th Annual Computer Information Law Institute, October , 2003, and article published in “IP Litigator,” September, 2004
- “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)
