 |
James McManis
Partner
jmcmanis@mcmanisfaulkner.com
Telephone 408. 279. 8700
Facsimile 408. 279. 3244
Fairmont Plaza - 10th Floor
50 West San Fernando Street
San Jose, California 95113
James McManis is a trial lawyer. Although he represents various Silicon Valley companies—involving trade secret, copyright, and patent issues in a variety of technologies—he also serves individuals in matters as varied as disputes with their employers, civil rights actions against the government, and the defense of criminal prosecutions.
McManis has been listed in The Best Lawyers in America® for ten consecutive years, in both business litigation and criminal defense. He also appears in Who’s Who in America.
McManis is a Fellow of the American College of Trial Lawyers, the International Academy of Trial Lawyers, and the American Bar Foundation. American membership in the International Academy is limited to the top 500 trial lawyers in the United States. Members of both the Academy and the College are regarded as the premier trial lawyers in the United States. Admission to the American Bar Foundation is by invitation only.
Since his appointment as the Special Master in the Technical Equities cases in 1987, McManis has been asked by judges, lawyers and litigants to mediate matters in litigation, leading to the settlement of many cases. He has also arbitrated disputes in a variety of legal settings.
McManis is most proud that he has been a member of the trial bar for over 40 years, and that he continues to try cases at his advanced age. His goal is never to retire.
EDUCATION
- University of California, Berkeley, Boalt Hall, J.D., 1967
- Stanford University, B.A. History, with Distinction, 1964, Phi Beta Kappa
ADMITTED TO PRACTICE
- California, 1967
- U.S. District Court, Northern, Central, Southern and Eastern Districts of California
- U.S. Court of Appeals, Ninth and Federal Circuits
- U.S. Supreme Court
REPRESENTATIVE EXPERIENCE
- Served as Special Master for the Santa Clara County Superior Court, the United States Bankruptcy Court and the United States District Court for the Northern District of California in the Technical Equities cases, described as involving the largest securities fraud in the history of California. In his role as Special Master, McManis resolved over 800 cases leading to settlements in excess of $100 million dollars.
- Achieved a six-figure verdict for his client, an African-American investigator in the San Jose City Attorney’s office, in a civil rights action arising out of police misconduct against the plaintiff and his family.
- Obtained a verdict in excess of $600,000 in an employment action against the City of San Jose arising out of the wrongful termination of the City’s fire chief.
- Obtained an injunction against a competitor of the Intel Corporation in a trade secrets case in which the trial judge in his decision described the testimony of the defendant company’s CEO on cross-examination as “unpersuasive and not credible.” McManis has also successfully represented Silicon Valley companies in such diverse cases as the defense of a consumer class action, the prosecution of a malicious prosecution action, the defense of copyright claims, and the prosecution of a prominent Silicon Valley law firm accused of assisting its client in the misappropriation of trade secrets.
- Defended Ringling Brothers & Barnum and Bailey animal trainer Mark Gebel (son of the legendary Gunter Gebel-Williams) on a charge of elephant abuse, resulting in an acquittal following a trial in which McManis presented no defense evidence.
- Represented a Silicon Valley executive on charges of molesting his children following a bitter divorce. The client was acquitted on all counts.
- Successfully defended at trial a will contest involving the estate of a Silicon Valley CEO, and subsequently represented the plaintiff on appeal in a related case involving anti-SLAPP suit litigation. Both actions concluded in published appellate decisions. The will contest opinion is now part of the standard law school curriculum in estates and trusts. The anti-SLAPP suit decision was disapproved by the California Supreme Court and resulted in a code amendment by the California legislature.
- Successfully defended his client in an action for breach of a real estate contract and obtained a verdict on her cross-complaint for fraud in the amount of $18 million.
- Has served as mediator in confidential proceedings leading to settlements of millions of dollars. He has also arbitrated various cases, in a number of which the parties were lawyers and judges.
REPORTED CASES
- County of Santa Clara v. Superior Court (Feb. 17 2009) 2009 WL 377172
- Sutter's Place v. Superior Court (2008) 161 Cal.App. 4th 1370
- State Board v. Superior Court (2006) 138 Cal.App. 4th 951, 42 Cal.Rptr. 3d 116
- Jasmine v. Marvell Semiconductor, Inc. (2004) 117 Cal.App. 4th 794 Ensoniq Corp. v. Superior Court of Santa Clara County (1998) 65 Cal. App. 4ty 1537
- Zhao v. Wong (1996) 48 Cal.App 4th 1114, 55 Cal.Rptr.2d 909
- Fenwick & West v. Superior Court of Santa Clara County (1996), 43 Cal.App. 4th 1272. 51 Cal. Rptr. 2d 294
- Estate of Wong (1995) 40 Cal.App. 4th 1198, 47 Cal.Rptr.2d 707
- Stalberg v. Western Title Insurance Company (1994) 27 Cal.App. 4th 925; 32 Cal.Rptr. 2d 750
- Portman v. County of Santa Clara (9th Cir.1993) 995 F.2d 898
- Wright v. City of Santa Clara (1989) 213 Cal.App 3d 1503; 262 Cal.Rptr. 395
- Lazzaroni v. Larson; In re Romo (1987) 190 Cal. App. 3d 279; 235 Cal.Rptr. 377
- People v. Pringle (1984) 151 Cal.App 3d 854; 199 Cal.Rptr. 27
- People v. Conner (1983) 34 Cal. 3d 141; 666 P2d5; 193 Cal.Rptr. 148
- Filmamatic Corporation v. General Electric Company (1980) 1980-1982 Trade Cas. (CCH) P63, 417
PROFESSIONAL ACTIVITIES
- State Bar of California (Special Examiner, 1995- 1997; Certified Specialist, Criminal Law, Board of Legal Specialization, 1976- 1984)
- Santa Clara County Bar Association (Judge Pro Tem, Trustee, Judiciary Committee, ADR Steering Committee, Bench-Bar-Media-Police Committee)
- Boalt Hall Alumni Association (President, 2009- 2010)
- Law Foundation of Silicon Valley (President, Board of Directors, 1996)
OTHER EXPERIENCE
- Professor of Law, Lincoln University Law School, 1972- 1982
- Deputy District Attorney, Santa Clara County, 1968- 1971
AWARDS AND HONORS
- Phi Beta Kappa
- Recipient, Trustee's Citation, University of California, Berkeley, 2007
- Listed, The Best Lawyers in America®
- Listed, Who’s Who in America
- Named, Top 100 Lawyers in Northern California, “Super Lawyers of Northern California”
- Recipient, First Philip Berelson Award for Generous Philanthropy, SCCBA Law Foundation
- Fellow, Litigation Counsel of America
- Fellow, American College of Trial Lawyers
- Fellow, International Academy of Trial Lawyers
- Fellow, American Bar Foundation
- Special Master, Technical Equities Coordinated Litigation, 1987- 1998
COMMUNITY
- Faculty, Intensive Advocacy Program, University of San Francisco Law School
- Faculty, Advocacy Skills Workshop, Stanford University Law School
- Lecturer, Trial Practice, Boalt Hall
- Lecturer, Use of Special Masters, Center for Judicial Education and Research (CJER)
- Panelist, Continuing Education of the Bar, California
LANGUAGE
|
