James Sheinbaum is an experienced litigator and appellate lawyer representing businesses in a wide range of complex commercial matters throughout the United States in state and federal courts. Mr. Sheinbaum has represented clients in complex contract disputes, UCC Article 2 sale of goods claims, UCC Article 3 commercial paper actions, broker commission claims, securities claims (especially involving fraud, lack of supervision and improper broker conduct), complex accountings, copyright actions, trademark proceedings, domain name actions, cases involving covenants not to compete and not to solicit, intellectual property, unfair competition, adversary proceedings in Bankruptcy and obtaining and defending against preliminary injunctions. Mr. Sheinbaum has tried cases and successfully defended the results on appeal.

Mr. Sheinbaum prepares cases from the outset with both trial and appeal in mind. He understands that his clients want their matters resolved as quickly and efficiently as possible and emphasizes tactics that achieve these goals, including what he calls straight to the heart “killer” discovery requests and motions to dismiss. Many of his cases have been disposed of in whole or substantially reduced in scope due to motions.

Mr. Sheinbaum has successfully pushed the boundaries and taken positions to change the law in favor of his clients. For example, in Merchant v. Levy, 92 F.3d 51 (2d Cir. 1996), he convinced the Second Circuit to abandon its prior position on the statute of limitations and adopt a position that led to dismissal of the case against his client. Another example is Torres-Negron v. J&N Records LLC, 504 F.3d 151 (1st Cir. 2007), where he persuaded the First Circuit to adopt and employ in favor of his clients a subject matter jurisdictional approach to whether deposit copies were properly filed, thereby avoiding a lengthy proceeding and trial.

Mr. Sheinbaum has lectured at the Southern Regional Entertainment and Sports Law Seminar on litigation in entertainment cases and copyright.