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 Labor and Employment and Litigation Departments of Seyfarth Shaw LLP.  His practice spans a variety of employment and business litigation matters. He specializes in the protection and enforcement of intellectual property rights, including matters involving trade secret, non-compete, computer fraud, unfair competition, and related business tort claims.  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.
 
Mr. McNairy’s employment litigation practice includes defending employers against single and multi-plaintiff claims for discrimination, retaliation, and harassment, as well as against high exposure wage and hour class action claims arising under the California Labor Code and the FLSA. 
 
Mr. McNairy’s intellectual property and business litigation practice focuses on complex matters involving, among other things: trade secret misappropriation; copyright infringement; 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, mortgage, financial services, insurance, exotic performance automobile, wholesale commercial goods, coatings, broadcast and internet media, retail consumer products, foods, food service, and construction industries.
 
Mr. McNairy served as a member of the Executive Committee of the State Bar of California’s Intellectual Property Law Section from 2012-2015.  He routinely writes and presents on trade secret, non-compete and computer fraud issues and is a contributing editor to the 2011 Supplement to and Third Edition of Trade Secret Litigation and Protection in California (published in 2014), a widely referenced publication of the Intellectual Property Section of the State Bar of California.
 
Mr. McNairy has been recognized as a 2016 Super Lawyer, and separately, a 2016 Best Lawyer, in the area of Trade Secrets Law, by Best Lawyers In America.  He also has been nominated “Best of the Bar” and a “Top Lawyer” by Sacramento business publications.
 
Mr. McNairy is a partner in the Labor and Employment and Litigation Departments of Seyfarth Shaw LLP.  His practice spans a variety of employment and business litigation matters. He specializes in the protection and enforcement of intellectual property rights, including matters involving trade secret, non-compete, computer fraud, unfair competition, and related business tort claims.  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.
 
Mr. McNairy’s employment litigation practice includes defending employers against single and multi-plaintiff claims for discrimination, retaliation, and harassment, as well as against high exposure wage and hour class action claims arising under the California Labor Code and the FLSA. 
 
Mr. McNairy’s intellectual property and business litigation practice focuses on complex matters involving, among other things: trade secret misappropriation; copyright infringement; 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, mortgage, financial services, insurance, exotic performance automobile, wholesale commercial goods, coatings, broadcast and internet media, retail consumer products, foods, food service, and construction industries.
 
Mr. McNairy served as a member of the Executive Committee of the State Bar of California’s Intellectual Property Law Section from 2012-2015.  He routinely writes and presents on trade secret, non-compete and computer fraud issues and is a contributing editor to the 2011 Supplement to and Third Edition of Trade Secret Litigation and Protection in California (published in 2014), a widely referenced publication of the Intellectual Property Section of the State Bar of California.
 
Mr. McNairy has been recognized as a 2016 Super Lawyer, and separately, a 2016 Best Lawyer, in the area of Trade Secrets Law, by Best Lawyers In America.  He also has been nominated “Best of the Bar” and a “Top Lawyer” by Sacramento business publications.
 

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

  • “The Defend Trade Secrets Act of 2016: Securing Your Trade Secrets,” Webinar, presented by The Knowledge Group (January 27, 2017)
  • "Proving-Up Trade Secret Misappropriation: Best Practices and Tales from the Trenches," Webinar, presented by Seyfarth Shaw LLP (December 13, 2016)
  • "Trade Secrets, Restrictive Covenants, and the NLRB: Can They Peacefully Coexist?," Webinar, presented by Seyfarth Shaw LLP (May 10, 2016)
  • Moderator and Presenter, “Reasonable Secrecy Measures and Criminal Prosecution of Trade Secret Misappropriation.” 40th Annual IP Institute (November 13, 2015)
  • Speaker, "How & Why California is Different When it Comes to Trade Secrets and Non-Competes," Webinar, presented by Seyfarth Shaw LLP (June 23, 2015)
  • Speaker, "Trade Secret Protection Best Practices: Hiring Competitors' Employees and Protecting the Company When Competitors Hire Yours," Seyfarth Shaw Briefings, San Francisco, Los Angeles, and Palo Alto (November-December 2014)
  • Speaker, "Hot Topics in California Trade Secrets Law," 39th Annual Intellectual Property Institute Celebrating Creativity, presented by the State Bar of California (November 6-7, 2014)
  • "How & Why California is Different When it Comes to Trade Secrets and Non-Competes," Seyfarth Shaw Webinar (October 28, 2014)
  • "What You Need to Know About the Recent Cases/Developments in Trade Secret, Non-Compete, and Computer Fraud Law," 2013 National Year in Review Webinar, Seyfarth Shaw LLP (March 6, 2014)
  • "The Trade Secrets of Trade Secrets," State Bar of California 38th Annual Intellectual Property Institute (November 7, 2013)
  • "Advanced Labor & Employment Law Conference For In-House Counsel: Social Media & Trade Secrets," Seyfarth Shaw Sponsored Event (September 26, 2013)
  • "How & Why California is Different When it Comes to Trade Secrets and Non-Competes," Seyfarth Shaw Webinar (September 24, 2013)
  • "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, “ Seyfarth Shaw 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

Community Involvement

Mr. McNairy serves on the Board of Roseville Home Start, Inc., a non-profit which 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.