James A. Stepan

Of Counsel
James A. Stepan focuses on intellectual property, commercial litigation, and transactional matters.  He has extensive experience in litigation and non-litigation matters and his practice areas include trademarks, trade secrets, false advertising, insurance, non-competition, non-solicitation, and confidentiality agreements, copyrights, contract negotiation and disputes, corporate, patent litigation, unfair competition, fraud and racketeering (RICO), and attorney’s fee disputes.  

Mr. Stepan is Board Certified as a Specialist in Intellectual Property as Accredited by the Florida Bar.  He also currently serves on the Florida Bar’s Standing Committee on Professionalism and the Emerging Issues Committee for the International Trademark Association (INTA).  
 

Education & Credentials

Education

Johns Hopkins University

B.A., International Studies, 1996
  • Departmental Honors

University of Florida Levin College of Law

J.D., 1999
  • Moot Court Board, two term officer
  • Legal Research and Writing Teaching Assistant

Bar Admission

  • Florida1999

 

Acknowledgements

  • Board Certified as a Specialist in Intellectual Property as Accredited by the Florida Bar
  • 40 Under 40, South Florida Business Journal, 2011
  • 40 Under 40 Outstanding Lawyers of Miami-Dade County, 2011
  • Florida Trend’s Legal Elite, 2012-2018
  • Super Lawyers, 2013-2018
  • South Florida Legal Guide, Intellectual Property 2013-2018
 

Prominent Assignments

VMR Products LLC v. V2H ApS and V2 Tobacco A/S, 2016 WL 7669497 (C.D. Cal. December 29, 2016) - lead defense trial counsel for tobacco company in a trademark infringement case resulting in a judgment for the defendant

VMR Products LLC v. V2H ApS and V2 Tobacco A/S, 2016 WL 1177834 (C.D. Cal. March 18, 2016) - obtained summary judgment for the defendant on trademark infringement and false advertising claims 

AlphaMed Pharmaceuticals Corp. v. Arriva Pharmaceuticals, Inc. et al., 432 F. Supp.2d 1319 (S.D. Fla. 2006), affirmed 294 Fed. App’x. 501 (11th Cir. 2008) - successfully defended client for misappropriation of trade secrets at a three month jury trial, including establishing precedent underFlorida law for trade secrets and for lost profits

United Automobile Insurance Company v. Florida Wellness & Rehabilitation Center, case no. 1:08-cv-20348-JAL, Southern District of Florida - represented insurer in civil RICO and fraud lawsuit involving over one thousand suspect insurance claims 

Axion Seven v. W.K. International et al, case no. 1:16-cv-21306-JG, Southern District of Florida - obtained dismissal with prejudice for apparel company in a trademark infringement case

United Automobile Insurance Co. v. Libman et al., 46 So. 3d 1101 (Fla. 3d DCA 2010) - obtained reversal of dismissal of complaint from Florida appellate court

Inmuno Vital v. Telemundo Group, 203 F.R.D. 561 (S.D. Fla. 2001) - represented nutritional supplement company in lawsuit against television company for false designation of origin and misappropriation of name, likeness, and image stemming from misuse of a celebrity endorsement

Electronic Communication Technologies, LLC v. ShoppersChoice.com, 9:16-cv-81677-KAM, Southern District of Florida - represent online retailer in defense of claims for infringement of software patent where the court held the plaintiff’s patent claim at issue to be invalid

Professional Involvement

  • Florida Bar, Standing Committee on Professionalism, 2017-2019
  • International Trademark Association, Emerging Issues Committee, 2018-2019
  • Florida Bar, Grievance Committee for 17th Judicial Circuit, 2019-2021
  • International Trademark Association, Right of Publicity Subcommittee of the Related Rights Committee, 2014-2015
  • Florida Bar, Intellectual Property Committee

Community Involvement

  • Cystic Fibrosis Foundation – Advisory Board for Broward County 
  • Advisory Board for Miami-Dade County (past)
  • Miami-Dade County Emerging Leaders Committee Chair, and event committee member (past)

Court Admissions

  • United States Court of Appeals for the Eleventh Circuit
  • United States District Court, Southern District of Florida
  • United States District Court, Middle District of Florida

Publications/Presentations

  • Future of Law in a Tech World, Venture Café University of Miami, December 14, 2017
  • Strategies to Defend Against Attorney’s Fees Claims in Insurance Cases, Florida Insurance Fraud Education Committee, June 2014 and June 2015 and Medical Claims Defense Network September 2015
  • Strategies to Defend Against Attorney’s Fees Claims in Insurance Cases, Medical Claims Defense Network, September 2015
  • Information – The Lifeblood of your Business (and how best to protect it) – data security seminar, January 31, 2012
  • Managing Worldwide Portfolios, International Trademark Association, June 20, 2013
  • Defending your IP and Preventing Potential Lawsuits – Miami Daily Business Review, January 18, 2012
  • Advertising Injury Insurance Coverage and Intellectual Property Lawsuits – Florida Association of Insurance Agents, June 2011
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