JAMES P. FLYNN is a Member of the Firm in the Litigation and Labor and Employment practices. He serves as the General Counsel of Epstein Becker Green and the Managing Shareholder of the firm's Newark office, where he is based. His practice focuses on civil litigation and corporate counseling, including trial and appellate work in the area of intellectual property, complex commercial matters, and employment law. Mr. Flynn represents businesses in a broad spectrum of industries, including health care, pharmaceuticals, and financial services. His experience is similarly diverse and includes:
- Representing clients in a wide variety of intellectual property matters, including restrictive covenants, trade secrets, copyright, trademark, and patent cases
- Acting as lead trial and appellate counsel for the defendants in Marshak v. Treadwell and obtaining a jury verdict that invalidated plaintiff's federal registration for the mark "The Drifters" for a singing group and recognized the clients' ownership of the name
- Counseling clients and litigating disputes concerning copyright infringement, cyber-squatting, trademark infringement and counterfeiting issues, false advertising, substantiation, and consumer fraud
- Providing counsel and drafting advice for clients embarking on new business ventures, and drafts licensing, distribution, confidentiality, employment, and other agreements.
Mr. Flynn's cases of note include:
- Ross University School of Medicine v. Amini, 3:13-CV-06121 (D.N.J. 2014) (secured permanent injunction against disgruntled former student who violated the federal Anticybersquatting Act and breached a nondisparagement agreement through his registration and use of numerous bogus websites)
- Somerset Orthopedic Assoc., P.A. v. Horizon Blue Cross and Blue Shield of New Jersey, 345 N.J. Super. 410 (App. Div. 2001) (prevailed in network contract action)
- A.K. Stamping Co. v. Instrument Specialties Co., 106 F. Supp. 2d 627 (D.N.J. 2000) (obtained preliminary and later permanent injunction in patent case)
- Marshak v. Treadwell, 58 F. Supp. 2d 551 (D.N.J. 1998), aff'd, 240 F.3d 184 (3d Cir. 2001) (prevailed in trademark and fraud action concerning popular music group)
- BD v. Maniar, Superior Court Of New Jersey, Chancery Division: Bergen County, Docket No.: Ber-C-159-13 (secured preliminary and later permanent injunction against theft of trade secrets against former employee; criminal referral lead to later conviction)
- The Community, Hospital Group v. More, 183 N.J. 36 (2005) (restrictive covenants enforceable regarding physicians)
An accomplished author and speaker, Mr. Flynn has published articles and lectured on developments in employment law, patent and trademark jurisprudence, protection of confidentiality and trade secrets, evidence rules and trial practice, as well as on the ethical rules governing attorneys. He also has written and lectured on the protection of confidential information and the risks and rewards associated with the use of social media in the workplace and in business.
A voracious reader with an inquisitive intellect that enjoys focusing on an eclectic array of subjects, Mr. Flynn brings to his practice the sort of imaginative faculties and linguistic capacity that such endeavors and interests engender. Mr. Flynn further calls upon in the service of clients his legal, life, and educational experiences. These include being a former member of his hometown's Board of Education and of mayoral task forces on city planning and port access issues, General Counsel to the Simpson Baber Foundation for the Autistic, the present secretary/registrar for the Bayonne Youth Hockey Association, and a recipient at Wesleyan University of both the Davenport Prize (for excellence shown by a senior in government and politics) and Morningstar Award (to the varsity basketball player who best exemplifies sportsmanship, leadership, determination, and unselfishness). He is also a former law clerk to Associate Justice Marie Garibaldi of the New Jersey Supreme Court.
Mr. Flynn was selected by his peers for inclusion in The Best Lawyers in America© 2015 in the field of Commercial Litigation and has been named to the New Jersey Super Lawyers list (2006, 2007, 2009, 2011 to 2014) in the areas of Intellectual Property Litigation, Employment Litigation, and Business Litigation.
- Harvard Law School (J.D., 1990)
- cum laude
- Wesleyan University (B.A., 1987)
- Supreme Court of the United States
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court, District of New Jersey
- U.S. District Court, Eastern District of Michigan
- New Jersey
- American Bar Association
- John C. Lifland American Inn of Court for Federal Litigation & Intellectual Property
- New Jersey State Bar Association