James L. Beausoleil, Jr.
Partner
Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA
Phone: +1 215 979 1120
Fax: +1 215 689 0889
Email: JLBeausoleil@duanemorris.com

James L. Beausoleil, Jr. has served as lead trial counsel in numerous multimillion-dollar and other high-profile state and federal bench and jury trials involving a variety of subject matters, including commercial litigation, intellectual property litigation and contract disputes. Mr. Beausoleil represents individuals, manufacturers, distributors, financial institutions and other commercial entities in complex litigation and in injunction proceedings involving claims of unfair trade practices, consumer fraud, protection of intellectual property, disputes over inventorship, misappropriation of trade secrets, patent and trademark infringement, and the Federal Lanham Act and contract disputes. Mr. Beausoleil also regularly represents clients in mediation, arbitration and other ADR forums nationally.

Mr. Beausoleil frequently represents clients in federal and state court proceedings in which injunctions or temporary restraining orders are sought to enforce non-compete agreements, preclude the theft of trade secrets, and protect intellectual property rights. He has obtained numerous favorable arbitration awards on behalf of an international medical device manufacturer in cases involving claims of wrongful termination and breach of distributor agreements.

Mr. Beausoleil represents vendors nationwide in litigation with American Indian Nations and casinos. He has obtained significant awards in arbitration and through settlement against American Indian Nations and casinos on behalf of vendors in various breach of contract and wrongful termination of contract cases.

Mr. Beausoleil served a judicial clerkship with the Honorable Harold B. Wells III while he served as a trial judge of the Superior Court of New Jersey. A member of the New Jersey State Bar Association, the Philadelphia Association of Defense Counsel and the Defense Research Institute, he is admitted to practice in Pennsylvania, New Jersey, West Virginia and the Ho-Chunk Nation. He has been admitted pro hac vice in numerous state and federal courts throughout the country.

Mr. Beausoleil graduated magna cum laude from Vermont Law School in 1994 with both a juris doctorate and a master's degree in the study of environmental law.

Areas of Practice

• Intellectual Property
• Commercial Litigation
• Product Liability

Representative Matters

• Represented a federally chartered savings bank and obtained a dismissal of claims in a putative class action in federal court in Boston when the court agreed that the state law purporting to limit the amount of insurance a bank can require is preempted by the Federal Homeowners Loan Act.
• Obtained on behalf of a multinational corporation headquartered in Pittsburgh and two related entities a decision from U.S. District Court for the Western District of Pennsylvania denying the plaintiff's motion to dismiss the client’s counterclaim challenging the validity of plaintiff’s patent in an action in which plaintiff alleged that the client had used his idea for condiment packaging without compensating him.
• Obtained a temporary restraining order and permanent injunction on behalf of a genetic biosciences company in a theft-of-trade-secrets case to protect its rights to a patent-pending genetic profile that it markets for use in customizing cosmetics and nutritional supplements. Recovered its financial losses and attorney's fees in the case.
• Obtained injunction through settlement that barred engineers who were former employees of a thermal-transfer engineering corporation from unfairly competing by using stolen proprietary information and trade secrets for the benefit of a new startup company.
• Represented a Germany-based software company in a suit against a publicly traded pharmaceutical company for theft of software codes. Obtained pre-suit settlement that provided for the protection of the client's proprietary software and recovery of its lost revenue.
• Represented startup online men's big-and-tall clothing retailer in a federal jury trial brought by the largest international retailer of men's big-and-tall clothing on the basis of allegations of theft of trade secrets and tortious interference with contracts.
• Obtained temporary restraining order and preliminary injunction under the Lanham Act and related federal and state law claims that required client's competitor to immediately serve 10,000 notices correcting false and misleading statements made in a mass mailing to the industry.
• Represented international manufacturer of medical implant devices in injunction proceeding to enforce noncompete provisions of breached agreement and later in arbitration to recover damages. In a subsequent federal court action, ultimately recovered the losses from the competitor that hired the breaching distributor.
• Recovered losses incurred by publicly traded ATM provider as a result of a failed merger with a competitor.
• Obtained significant settlement on behalf of a macaroni manufacturer in litigation against vendors who provided salmonella-tainted eggs.
• Obtained favorable settlement on behalf of flour manufacturer from a macaroni manufacturer who failed to purchase flour that was put under contract when wheat prices were at an all-time high.
• Defended international medical device manufacturer in nationally publicized case involving more than 40 consolidated cases brought by plaintiffs alleging improper off-label promotion of biologic products, illegal kick-backs, fraud and products liability.
• Obtained jury verdict that client found favorable for mining company accused of negligently injuring minor trespasser.
• Represented estate and heirs of recreational fisherman killed in a collision with a 60-foot yacht off the New Jersey coast.
• Trial counsel for the estate and heirs of woman in nationally publicized case against a township to recover wrongful-death and survival action damages after mother drowned while saving her son's life at an unprotected dredging site. The jury awarded substantial damages to the estate.

Professional Activities

• Philadelphia Bar Association
• Philadelphia Association of Defense Counsel
• New Jersey State Bar Association
• Defense Research Institute
• American Bar Association

Admissions

• Pennsylvania
• New Jersey
• West Virginia
• Ho-Chunk Nation
• Supreme Court of New Jersey
• Supreme Court of Pennsylvania
• U.S. District Court for the Eastern District of Pennsylvania
• U.S. District Court for the Eastern District of Wisconsin
• U.S. District Court for the District of New Jersey
• U.S. Court of Appeals for the Third Circuit
• U.S. Court of Appeals for the First Circuit
• U.S. District Court for the Western District of Pennsylvania

Education

• Vermont Law School, M.S.L., magna cum laude, 1994
• Vermont Law School, J.D. magna cum laude, 1994

Experience

• Burlington County Court, NJ,
  - Judicial Clerk, Honorable Harold B. Wells, III, 1994-1995
• Norwalk Hospital Mobile Emergency Medical Service, Norwalk, CT, Paramedic, 1987-1991
• Duane Morris LLP
  - Partner, 2003-present
  - Associate, 1995-2002

Board Memberships

• Turning Points for Children (formerly Philadelphia Society for Services to Children)
  - Member, Board of Directors, 1999-2009

Civic and Charitable Activities

• Philadelphia Society for Services to Children

Honors and Awards

• Pennsylvania Super Lawyers "Rising Stars" 2005

Selected Publications

• "Apologies from Competitors: Injunction Requires Rivals to Undo Harm," Product Liability Law & Strategy Newsletter, January 2002
• "The Use of Animal Studies as Causation Evidence in Failure-to-Warn Cases," Leader Publications Product Liability Law & Strategy Newsletter, December 2000
• "Third Circuit Permits Claim to Hurdle Preemption, Causation Obstacles," Leader's Product Liability Law & Strategy Newsletter, February 1999

Selected Speaking Engagements

• "Tavern Owner Liability," Entertainment District Safety and Current Issues, annual seminar of the Philadelphia Police Department, Philadelphia, Pennsylvania, April 16, 2003