Overview
Companies facing complicated disputes, especially over intellectual property or proprietary information, turn to attorney Jim Flynn for creative solutions. Jim is known among clients and colleagues for his willingness to tackle unusual challenges and act quickly in time-sensitive matters arising in courtroom, arbitral, or administrative law settings.
To help clients prevail in high-stakes commercial, intellectual property, employment, and trade secret/data theft cases and in a broad array of matters resisting or challenging governmental actions, Jim employs novel arguments that stand up to scrutiny, even as the law continues to evolve, and deploys multi-forum tactics providing clients the benefit of his wide-ranging experience.
Jim brings a distinct business sensibility to managing the risks clients face in dealing with their challenges. He is committed to putting legal matters into a broader perspective. Whether confronted with situations involving employee access to confidential information, government action and enforcement, or commercial agreement disputes, his incisive advice helps businesses achieve their goals. In addition to litigation, he advises on policy development, staffing changes, and noncompete and non-solicitation agreements, helping clients weigh their options and prepare for outcomes. In larger transactional matters, Jim asks the right questions to produce clear and unvarnished due diligence and third-party assessments. When one needs to resist government enforcement or challenge administrative rules or rulings, Jim's diverse legal and business experience offers clients a broad reservoir of creative, supported paths to success. He frequently speaks and writes about employment law, copyrights and trademarks, confidentiality, trade secrets, evidence rules, trial practice, and attorney ethics.
As the firm's Managing Director, Jim also engages in various forms of thought leadership on law firm and practice values and management.
Focus Areas
Services
- Commercial and Contract Litigation
- Construction and Property Management Litigation
- Data Breach/Cybersecurity Investigations & Litigation
- Employment Litigation
- Employment, Labor & Workforce Management
- Health Care Litigation
- Intellectual Property
- Intellectual Property Litigation
- Litigation & Business Disputes
- Product Marketing and Compliance
- Social Media and the Workplace
- Trade Secrets & Employee Mobility
- Whistleblowing and Compliance
Trending Issues
Experience
Results may vary depending on your particular facts and legal circumstances.
- Secured a conviction and sentencing for Becton Dickinson after a departing employee downloaded confidential information and trade secrets. Jim obtained an ex parte civil injunction while convincing law enforcement to execute search and arrest warrants that stopped the employee from fleeing the country and replicating a soon-to-be-launched autoinjector-type product.
- Won a jury verdict for Becton Dickinson after a high-level executive claimed multiple whistleblower violations. The aggressive defense against all claims convinced the jury to rule in his client’s favor and to affirm that the plaintiff had made defamatory statements about the company.
- Obtained dismissal of a pension plan mismanagement claim brought against Alcatel-Lucent (now Nokia) that exposed the company to multibillion-dollar liability. Though the company also faced challenges by unions and individual employees and retirees, Jim successfully avoided liability for his client.
- Won dismissal of misfeasance, malfeasance, and fraud claims in connection with PRA Health Science’s clinical trials. In a challenging matter involving complex choice of law, limitations, and other legal issues, Jim is defending PRA’s U.S. entity and its Dutch affiliate in multijurisdictional litigation. To date, Jim has had one of the actions dismissed in New York, defeated attempts to transfer another from Delaware to Minnesota, and had claims against the Dutch affiliate dismissed.
- Obtained a jury verdict in a trademark and fraud action concerning popular music group The Drifters. As lead trial and appellate counsel, Jim established that a rival had defrauded the U.S. Patent and Trademark Office to obtain registration and secured his clients’ common law priority right to the mark.
- Prevailed in various state and federal administrative proceedings across a range of topics and subject matters, and assisted in bolstering rule comments submissions and other briefing and position papers provided to regulators to assist clients in achieving goals before regulators.
Recognition
- Listed in The Best Lawyers in America©: Commercial Litigation (2015 to 2025). This award is conferred by Best Lawyers. A description of the selection methodology is available here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
- Recognized by Chambers USA: America’s Leading Lawyers for Business: New Jersey—Labor & Employment, "Leader in Their Field" (2016 to 2024). This award is conferred by Chambers and Partners. A description of the selection methodology is available here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
- Recognized by The Legal 500 United States: Labor and Employment Disputes (Including Collective Actions): Defense (2018 to 2021); Trade Secrets (Litigation and Non-Contentious Matters) (2024); Workplace and Employment Counseling (2019 to 2024). This award is conferred by The Legal 500. A description of the selection methodology is available here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
- Selected to the Litigation Counsel of America (trial lawyer honorary society composed of less than one-half of one percent of American lawyers) as a Fellow (2022). This fellowship was conferred by the Litigation Counsel of America. A description of the selection methodology is available here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
- Listed in New Jersey Super Lawyers: Employment & Labor: Employer and Employment Litigation: Defense (2006, 2007, 2009, 2011 to 2024). This award is conferred by Thomson Reuters. A description of the selection methodology is available here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Credentials
Education
- Harvard Law School (J.D., cum laude, 1990)
- Board of Student Advisors (1988-90)
- Wesleyan University (B.A., 1987)
- Davenport Prize: Established in 1948 by the gift of Ernest W. Davenport in honor of his brother, Frederick Morgan Davenport, Class of 1889, for excellence shown by seniors in the field of government and politics.
- Joe Barry Morningstar Award: To the varsity basketball player who best exemplifies sportsmanship, leadership, determination, and unselfishness.
Bar Admissions
- District of Columbia
- New Jersey
- New York
Court Admissions
- Supreme Court of the United States
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court, District of New Jersey
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Eastern District of New York
- U.S. District Court, Northern District of Illinois
- U.S. District Court, Southern District of New York
Professional & Community Involvement
- American Bar Association
- John C. Lifland American Inn of Court for Federal Litigation & Intellectual Property, Co-Director (2021 to 2023)
- New Jersey State Bar Association
- Law360 Legal Industry Advisory Board (2022)
- Leadership Council on Legal Diversity
Media
Events
Past Events
- June 17 and 21, 2024
- June 9, 2022
Insights
Insights
- PublicationsTHAT’S NOT TRUE: Thoughts, Novel or Not, on Truth, Context & Defamation5 minute read
- Firm Announcements
Epstein Becker Green Earns Finalist Spots in New Jersey Law Journal's 2024 Legal Awards: Celebrating Excellence in ...
4 minute read - PublicationsOne Sheet to Rap Sheet: Evaluating Proposed Federal Rule for Using Lyrics & Creative Writing to Prove Crimes4 minute read
- Firm Announcements
Epstein Becker Green Attorneys Honored for Excellence in the Legal Profession by Best Lawyers 2025
14 minute read - PublicationsSeedlings of Ideas for Artificial Intelligence: Learning from a Genetic Resources/Traditional Knowledge Treaty, the ...4 minute read
- Firm Announcements
Epstein Becker Green Receives National Recognition and Top Rankings in the 2024 Edition of Legal 500
3 minute read - PublicationsImpeachment Spectacles: Perspectives and Focus on Political, Legal and Governance Lessons from the Founding to the Present ...3 minute read
- Firm Announcements
Epstein Becker Green Honored for Exceptional Performance in Key Practice Areas by Chambers USA 2024
5 minute read - PublicationsIP ├ IP???: The Logic of Election Year Legal Disputes Over Proprietary Intangibles3 minute read
- PublicationsComma, Comma, Comma, Comma, Comma Chameleon: How Punctuation Can Color IP & Other Legal Rights4 minute read
- Firm Announcements
Fifteen Epstein Becker Green Attorneys Named to the 2024 New Jersey Super Lawyers and Rising Stars Lists
5 minute read - Firm AnnouncementsThe Leadership Council on Legal Diversity Names Epstein Becker Green Pathfinders and Fellow for 20243 minute read
- PublicationsThe Good Get: Interviews, The Predicates of Copyright Ownership, & Divorcing Subjects from Owning Copyright Content ...4 minute read
- PublicationsWith Friends Like These: Copyright Implications of Novelists Drawing Inspiration from the Real Lives They Cross ...3 minute read
- PublicationsMaybe Duct Tape Can’t Fix Everything: Slippery Standards as Copyright Goes Bananas4 minute read
- Firm Announcements
Epstein Becker Green Attorneys Recognized by 2024 Best Lawyers for Excellence in the Legal Profession
12 minute read - Firm Announcements
Epstein Becker Green Receives New York Law Journal’s 2023 Innovation Award
4 minute read - Firm AnnouncementsEpstein Becker Green and Affiliate Consultancy EBG Advisors Expand AI Advisory Capabilities Backed by Nearly 1,000 ...5 minute read
- Publications
Make Your Mark on History: Connecting Tradenames to Landmark Events, People & Places
4 minute read - BlogsHow Big a Deal Is “Trump Too Small”? - SCOTUS Today21 minute read
- Firm Announcements
Epstein Becker Green Earns National Recognition and High Rankings in the 2023 Edition of Legal 500
3 minute read - Firm Announcements
Epstein Becker Green Recognized for Focused Excellence Across Core Practice Areas in Chambers USA 2023
5 minute read - Firm Announcements
Epstein Becker Green Launches High-Stakes Litigation Podcast, Speaking of Litigation
4 minute read - Firm Announcements
Seventeen Epstein Becker Green Attorneys Named to the 2023 New Jersey Super Lawyers and Rising Stars Lists
6 minute read - Media Coverage
Jim Flynn Featured Guest on Sidebar Podcast: “No Laughing Matter”
2 minute read - PublicationsDefining Boundaries: IP Law Addresses Exterritoriality, Lexicography & Human Touch2 minute read
- Media CoverageJim Flynn Quoted in “Generative AI Output Could Be Eligible for Copyright Protection. But There’s a Catch.” ...2 minute read
- Firm AnnouncementsThe Leadership Council on Legal Diversity Names Epstein Becker Green Pathfinders and Fellow for 20233 minute read
- PublicationsFocused for 50 & the Future: Epstein Becker Green on Its 50th Anniversary8 minute read
- Firm Announcements
Five Epstein Becker Green Attorneys Receive 2023 JD Supra Readers’ Choice Awards for Noteworthy Thought Leadership ...
3 minute read - PublicationsFree Speech, Chatting About Friends, Kraken/Crackin’ On AI, & Thinking About Fred & Ginger: Generated Content, Amici ...4 minute read
- Media CoverageJames Flynn Quoted in “Why Are Getty and Shutterstock on Opposite Sides of the AI Legal Debate?”4 minute read
- Firm AnnouncementsEpstein Becker Green Celebrates 50 Years of Focused Excellence3 minute read
- PublicationsSeconds & Leftovers After Thanksgiving: Cleaning Up & Emptying Out the IP Fridge3 minute read
- Media Coverage
As Featured in Law360: Epstein Becker Green Elevates 10 Attorneys to Member
2 minute read - Firm AnnouncementsEpstein Becker Green Awards 2022 Annual Core Values Champions3 minute read
- Firm AnnouncementsEdward Loya and Epstein Becker Green Receive the Dallas Hispanic Bar Association “Law Firm Excellence Award” ...3 minute read
- Firm AnnouncementsEpstein Becker Green Achieves Mansfield Certification Plus Status for Efforts to Advance Law Firm Diversity and Signs ...3 minute read
- BlogsRecent Noise Over Acoustic Trademarks14 minute read
- PublicationsFull of Sound and Query, Signifying Something: Recent Noise Over Acoustic Trademarks3 minute read
- BlogsJust Humor Them in Infringement and Defamation Cases21 minute read
- Media CoverageJim Flynn Quoted in “4 Predictions About the Wild New World of Text-to-Image AI”7 minute read
- PublicationsJust Humor Them: Jests, Jokes, Satire, and Parody in Infringement and Defamation Cases4 minute read
- Firm Announcements
Epstein Becker Green Attorneys Recognized by 2023 Best Lawyers for Excellence in the Legal Profession
11 minute read - Media CoverageJim Flynn Quoted in “Who Owns DALL-E Images? Legal AI Experts Weigh In”4 minute read
- PublicationsA PORTRAIT OF AN ARTIST AS A YOUNG … CODE(R)?: Why Understanding Artificial Intelligence & Real Creativity Shouldn’t ...3 minute read
- Firm Announcements
2022 Edition of The Legal 500 Recognizes Epstein Becker Green with High Rankings in Health Care and Workforce Management ...
3 minute read - Firm AnnouncementsChambers USA 2022 Recognizes Epstein Becker Green's Focused Excellence in Core Practice Areas: Distinguished in ...4 minute read
- Firm AnnouncementsEpstein Becker Green’s Theodora McCormick Recognized as a Trailblazing Change-Maker by the Executive Women of New Jersey ...4 minute read
- Firm AnnouncementsEpstein Becker Green’s Managing Director James P. Flynn Named a “Leader in Law”4 minute read