James L. Beausoleil, Jr.

James L. Beausoleil, Jr.

James L. Beausoleil, Jr. is an active trial lawyer who litigates major commercial disputes before juries in state and federal courts across the United States. Mr. Beausoleil represents individuals, manufacturers, distributors and other commercial entities in complex litigation and in injunction proceedings involving claims of unfair trade practices, 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. As lead trial attorney, Mr. Beausoleil has represented individuals in serious personal injury and wrongful death matters arising from maritime accidents, medical malpractice, construction sites and other such settings.

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 and West Virginia. 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

· Obtained TRO and injunction on behalf of a genetic biosciences company to protect its rights in a patent-pending genetic profile that it markets for use in customizing cosmetics and nutritional supplements. Recovered its financial losses and attorneys fees.

· Obtained award client found favorable in arbitration against American Indian casino on behalf of vendor who claimed wrongful termination of contract.

· Represents vendors nationwide in contract disputes with American Indian Nations and casinos.

· Obtained injunction through settlement which barred former employee engineers of thermal transfer engineering corporation from unfairly competing by using proprietary information and trade secrets for the benefit of a new start up company.

· Obtained TRO and preliminary injunction under the Lanham Act which required client's competitor to immediately serve 10,000 notices correcting false and misleading statements made in a mass mailing to the industry.

· Obtained arbitration award client found favorable on behalf of medical device manufacturer in a case involving claims of wrongful termination and breach of a distributor agreement.

· Recovered losses incurred by publicly traded ATM provider as a result of a failed merger with a competitor.

· Obtained jury verdict that client found favorable for mining company accused of negligently injuring minor trespasser.

· Defended startup online men's big and tall clothing retailer against claims brought by largest international retailer of men's big and tall clothing based on allegations of theft of trade secrets and tortious interference with contracts.

· Obtained settlement client found favorable on behalf of macaroni manufacturer against vendors who provided salmonella tainted eggs.

· Obtained pre-suit settlement with publicly traded pharmaceutical company on behalf of German software company which provided for protection of its proprietary software and recovery of its lost revenue.

· Defended medical device manufacturer in over 40 consolidated cases brought by plaintiffs alleging improper off-label use of biologic products, illegal kick-backs, fraud and product liability.

· Represents manufacturers in product liability cases nationwide.

· Represented manufacturer of medical implant devices in injunction proceeding to enforce non compete provisions of breached agreement and later in arbitration to recover damages. Ultimately recovered the losses from the competitor that hired the breaching distributor in a subsequent federal court action.

· Represented estate and heirs of recreational fisherman killed in a collision with a 60-foot yacht off the New Jersey coast.

· Represented 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.

Professional Activities

· Philadelphia Bar Association

· Philadelphia Association of Defense Counsel

· New Jersey State Bar Association

· Defense Research Institute

· American Bar Association

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