100 Spear Street, 18th Floor
San Francisco, CA 94105-1576

TEL: (415) 371-8500
FAX: (415) 371-0500
EMAIL: wagstaffe@kerrwagstaffe.com

James M. Wagstaffe

Partner

James (Jim) M. Wagstaffe, partner and co-founder of the firm, handles a diverse range of litigation matters and also leads the firm’s successful appellate group. His practice focuses on complex litigation, professional and governmental representation, legal ethics and First Amendment matters. In addition, Jim is recognized as an authority and frequently is consulted by other law firms and clients alike on complicated civil procedure, legal ethics and trial practice issues.

Cutting Edge Litigator

Jim’s reputation as litigator is exemplified by his frequent retention in high stakes litigation, where his strategic and procedural expertise is particularly invaluable. His practice includes substantial work on virtual world issues, including electronic discovery, related legal ethics questions and Wi-Fi technology. For example, he was the successful lead attorney in the seminal e-discovery case, Qualcomm, Inc. v. Bathchelder et al., 327 Fed. Appx. 877 (Fed. Cir. 2008). Several years ago he began representing the Australian government in high profile litigation involving the patent for indoor wireless technology. See Microsoft Corp. v. Commonwealth Scientific and Indus. Research Organisation, 297 Fed. Appx. 970 (Fed. Cir. 2008). Jim and the firm continue to represent the Australian government in litigation over its WiFi patents.

The State Bar of California has looked to Jim for over 15 years to handle its most challenging cases, such as those raising serious constitutional issues. For example, in Warden v. State Bar of California, 21 Cal.4th 628 (1999), Jim represented the Bar in a lawsuit in which the plaintiffs alleged the exemptions from the MCLE (continuing education) program were unconstitutional. The matter went up to the California Supreme Court, which ruled in favor of the Bar.

Jim also is considered one of the most sought after First Amendment/defamation lawyers in the country. He has represented broadcasters, newspapers, magazines, celebrities and public officials, as well as a host of others – both as plaintiff and defendant. He has been the lawyer on many of the leading anti-SLAPP cases in California and has tried more defamatory cases to trial than perhaps any attorney in the state. Jim’s First Amendment and media experience is exemplified by his successful defense of The New Yorker Magazine in the libel trial Masson v. New Yorker, 832 F. Supp. 1350 (N.D. Cal. 1993), aff’d 85 F.3d 1394 (9th Cir. 1996).

Appellate Lawyer

In addition to his leadership as a trial lawyer, Jim heads up the firm’s appellate practice. Jim handles appeals in both state and federal courts, representing clients seeking to affirm a favorable trial court decision as well as those whose goal it is to obtain a reversal. Jim has established an enviable track record on appeal and has led the way in a number of groundbreaking decisions. In Kremen v. Cohen, 337 F 3d 1024 (9th Cir. 2003), Jim secured a sweeping victory from the Ninth Circuit Court of Appeals in a landmark decision with far reaching implications in all areas of domain name registration and Internet infrastructure. Similarly, in Theofel v. Farey Jones, 359 F.3d 1066 (9th Cir. 2003), cert. denied, 543 U.S. 813 (2004), Jim succeeded in obtaining a reversal of the district court’s dismissal of his clients’ lawsuit in a published decision that established new boundaries on subpoenas aimed at email communications.

Businesses, individuals and government entities and agencies and notably, other lawyers, are among the many clients who seek out Jim to represent them on appeal. In his almost three decades of appellate experience, Jim has represented parties and amici on appeal in matters involving constitutional and civil rights claims, defamation cases, environmental/CEQA, securities fraud, probate disputes, securities fraud, and consumer rights, just to name a few. A listing of Jim’s appellate cases is set forth below.

Author, Speaker, Professor

In addition to Jim’s courtroom experience, Jim has authored and co-authored a number of publications, including the widely-used Federal Civil Procedure Before Trial (TRG 2011 – Three Volumes, 3,500 pages), the nation’s leading practice guide on federal court practice. Jim’s other publications include Game Changers: New Federal Rule Amendments (Thomson Reuters 2011); California Legal Ethics (TRG 1999); Commencing and Removing Actions to Federal Court (TRG 1986); “Much Ado About Doe Defendants,” 5 Cal. Lawyer, No. 9; and “Life After Remand” Federal Litigation. In addition to his legal publications, Jim authored Romancing the Room (Random House), a spirited step-by-step guide to effective public speaking. He also was a contributing author with Donald Trump, Larry King, and Ira Glass, among others, to The Expert’s Guide to 100 Things Everyone Should Know How to Do (Clarkson Potter 2004). Jim is committed to sharing his knowledge and experience with judges, lawyers and students alike. Jim has served as an instructor at the Federal Judicial Center’s annual “New Judges Workshop” since 1990 educating newly-appointed federal judges on all aspects of federal procedure. Throughout the year, Jim presents, moderates and participates in panel discussions and seminars throughout the country with other judges and lawyers on current topics of interest to the legal community. In addition, Jim is an adjunct professor in constitutional law and civil procedure at Hastings College of the Law and in Media Law at San Francisco State University. He has also taught the Practical Speech Communication course at Stanford University for over 30 years.

Professional Memberships

  • American Bar Association
  • California Bar Association
  • Bar Association of San Francisco

Education

  • Stanford University, B.A. 1977 (with distinction in Communications)
  • University of California, Hastings College of the Law, J.D. 1980

Awards and Recognition

In addition to the previously mentioned honors, in 2011, Jim was selected by the students at Hastings College of the Law as the Teacher of the Year and was chosen to be the graduation speaker at commencement. In 2009 and 2011, Jim won the Federal Judicial Center’s Judge John R. Brown award for Judicial Scholarship and Education, recognized as the top teacher in the country of federal judges. Jim has also received numerous awards and recognition for his legal work. For example, in 2005, Jim received a Peabody Award Peabody Award for his legal counsel on the documentary “The DNA Project.” In December 1999, California Lawyer named Jim as one of its Top Twenty Lawyers of the Year, followed by his selection each year since 2007 as a Super Lawyer, an honor given to the top 5% of attorneys practicing in Northern California. And in 1991, Jim received the prestigious James Madison Freedom of Information Award from The Society of Professional Journalists.

Published and Westlaw Cases

  • Wilson & Wilson v. City Council of Redwood City, 191 Cal.App.4th 1559 (2011)
    Sander v. The State Bar of California, 196 Cal.app.4th 614 (2011)
  • Elder v. National Conference of Bar Examiners, 2011 WL 4079623 (N.D. Cal. September 12,
    2011)
  • Herson v. City of Richmond, 2011 WL 3516162 (N.D. Cal. August 11, 2011)
  • Cho v. UCBH Holdings, Inc., 2011 WL 3809903 (N.D. Cal. May 17, 2011)
  • Adetuyi v. City and County of San Francisco, 2011 WL 1878853 (Cal App. 1st Dist. May 17, 2011)
  • ZL Technologies, Inc. v. Gartner Group, Inc., 2011 WL 1831704 (9th Cir. May 13, 2011)
  • Digital Video Systems, Inc. v. Sun, 2011 WL 1134662 (Cal.App. 6th Dist. March 29, 2011)
  • In re Mercury Interactive Corp. Securities Litigation, 2011 WL 826797 (N.D. Cal. March 03, 2011)
  • Elder v. National Conference of Bar Examiners, 2011 WL 672662 (N.D. Cal. February 16, 2011)
  • Roe ex rel. Rodriguez Borrego v. White, 395 Fed.Appx. 470 (9th Cir. 2010)
  • In re D.R., 185 Cal.App.4th 852 (2010)
  • ZL Technologies, Inc. v. Gartner, Inc., 709 F.Supp.2d 789 (N.D. Cal. 2010)
  • In re Estate of Gridley, 2010 WL 4102359 (Cal.App. 1st Dist. October 19, 2010)
  • Shingle Springs Band of Miwok Indians v. Sharp Image Gaming, Inc., 2010 WL 4054232 (E.D. Cal. October 15,
    2010)
  • Sand Hill Advisors, LLC v. Sand Hill Advisors, LLC, 2010 WL 3703029 (N.D. Cal. September 16, 2010)
  • Geographic Expeditions Inc. v. Estate of Jason Lhotka, 2010 WL 3516116 (N.D. Cal. September 08, 2010)
  • Bay Guardian Co. v. New Times Media LLC, 187 Cal.App.4th 438 (Cal.App. 1st Dist. August 11, 2010)
  • Douglas v. Town of Portola Valley, 2010 WL 2898736 (N.D. Cal. July 21, 2010)
  • Sand Hill Advisors, LLC v. Sand Hill Advisors LLC, 2010 WL 3702372 (N.D. Cal. June 01, 2010)
  • Herson v. City of Richmond 2010 WL 1912033 (N.D. Cal. May 11, 2010)
  • Roe v. White, 2009 WL 4899211 (N.D. Cal. December 11, 2009)
  • ZL Technologies, Inc. v. Gartner, Inc., 2009WL 3706821 (N.D. Cal.
    November 04, 2009)
  • Zurich American Ins. Co. v. Electronics for Imaging, Inc., 2009 WL 2252098 (N.D. Cal. July 28, 2009)
  • Konig v. Dal Cerro, 2009 WL 636518 (N.D. Cal. March 11, 2009)
  • Commonwealth Scientific and Indust. Research Organisation v. Buffalo Technology (USA), 2009 WL 260953 (E.D. Texas
    February 03, 2009)
  • Kuo v. Sun, 2009 WL 162730 (Cal.App. 6th Dist. January 26, 2009)
  • Sutton v. Llewellyn, 288 Fed.Appx. 411 (9th Cir. 2008)
  • Commonwealth Scientific & Indus. Research Organisation v. Toshiba America Information Systems, Inc., 297
    Fed.Appx. 970 (Fed. Cir. 2008)
  • Qualcomm Inc. v. Batchelder, 327 Fed.Appx. 877 (Fed. Cir. 2008)
  • Fresenius Medical Care Holdings, Inc. v. Baxter Intern., Inc., 2008 WL 2020533 (N.D. Cal. May 08, 2008)
  • Fresenius Medical Care Holdings, Inc. v. Baxter International, Inc., 2008 WL 928539 (N.D.Cal. 928539 April 04, 2008)
  • Commonwealth Scientific & Indus. Research Organisation v. Toshiba America Information Systems, Inc., 2008 WL 4680559 (Fed Cir. (Tex.) October 23, 2008
  • Konig v. Dal Cerro, 2008 WL 4628038 (N.D.Cal. October 16, 2008)
  • Gridley v. Gridley, 166 Cal.App.4th 1562 (2008)
  • Sutton v. Llewellyn, 2008 WL 3009922 (9th Cir. August 05, 2008)
  • In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings, 43 Cal.4th 1143 (2008)
  • Qualcomm Inc. v. Broadcom Corp., 2008 WL 638108 (S.D.Cal. March 05, 2008)
  • MHC Financing, Ltd. v. City of San Rafael, 2008 WL 440283 (N.D. Cal. February 12, 2008)
  • MHC Financing, Ltd. v. City of San Rafael, 2008 WL 440282 (N.D. Cal. January 29, 2008)
  • Arthur J. Gallagher, & Co., Inc. v. Edgewood Partners Ins., 2008 WL 205274 (N.D. Cal. January 23, 2008)
  • Levi v. State Bar of California, 2008 WL 53144 (N.D. Cal. January 02, 2008)
  • Poon v. Poon, 2007 WL 3360164 (Cal.App. 1st Dist. November 14, 2007)
  • O’Lee v. Compuware Corp., 2007 WL 963450 (Cal.App. 1st Dist. April 02, 2007)
  • People ex rel. Brown v. Tehama County Bd. of Sup’rs, 148 Cal.App.4th 790 (2007)
  • Coffee Lane Alliance v. County of Sonoma, 2007 WL 185478 (Cal.App. 1st Dist. January 25, 2007)
  • MHC Financial Ltd. Partnership v. City of San Rafael, 2006 WL 3507937 (N.D. Cal. December 05, 2006)
  • Sutton v. Llewellyn, 2006 WL 3371623 (N.D.Cal. November 21, 2006)
  • Intel Corp. v. Commonwealth Scientific and Indus. Research Organisation, 455 F.3d 1364 (Fed. Cir. 2006)
  • Big-D Const. Corp.-California v. Leprino Foods Co., 188 Fed.Appx. 563 (9th Cir 2006)
  • Franklin v. Terr, 174 Fed.Appx. 388 (9th Cir. 2006)
  • Miniace v. Pacific Martime Ass’n, 2006 WL 335389 (N.D.Cal. February 13, 2006)
  • Konig v. Dal Cerro, 2005 WL 2649198 (N.D.Cal. October 11, 2005)
  • In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings, 133 Cal.App.4th 154 (2005)
  • Schoenfeld v. Grabisch, 2005 WL 697975 (Cal.App. 1st Dist. March 28, 2005)
  • Schoenfeld v. Zwakenberg, 2005 WL 697990 (Cal.App. 1st Dist. March 28, 2005)
  • Z-Rock Communications Corp. v. William A. Exline, Inc., 2004 WL 2496158 (N.D. Cal. November 5, 2004)
  • Atkinson v. McLaughlin, 343 F. Supp.2d 868 (D.N.D. November 4, 2004)
  • Radil v. Sanborn Western Camps, Inc., 384 F.3d 1220 (10th Cir. 2004)
  • Central Garden & Pet Co., Inc. v. Scotts Co., 85 Fed.Appx. 633 (9th Cir. 2004)
  • Rader v. Sutter, 90 Fed.Appx. 268 (9th Cir.2004)
  • Konig v. State Bar of California , 2004 WL 2091990 (N.D. Cal. September 16, 2004)
  • Boylan v. McGeever, 2004 WL 1794484 (N.D.Ill. August 10, 2004)
  • Z-Rock Communications Corp. v. William A. Exline, Inc., 2004 WL 1771569 (N.D. Cal.
    August 6, 2004)
  • Olagues v. Stafford, 316 F.Supp.2d 393 (E.D. La. 2004)
  • Zack v. Marin Emergency Radio Authority, 118Cal. App. 4th 617 (2004)
  • Chapman v. Enos, 116 Cal.App.4th 920 (2004)
  • Martinez v. Marin Sanitary Service, 349 F. Supp. 2d 1234, (N.D. Cal. 2004)
  • Thoefel v. Farey Jones, 359 F.3d 1066 (9th Cir. 2004)
  • Hoffman v. State Bar of California, 113 Cal. App. 4th 630 (2003)
  • Theofel v. Farey Jones, 341 F.3d 978 (9th Cir. 2003)
  • Airport Parking Services, Inc. v. City of San Bruno, 2003 WL 21205926 (Cal.App. 1st Dist. May 23, 2003)
  • Kremen v. Cohen, 337 F.3d 1024 (9th Cir. 2003)
  • Franklin v. Fox, 312 F.3d 423 (9th Cir. 2002)
  • Oakland-Alameda County Coliseum Authority v. CC Partners, 101 Cal.App.4th 635 (2002)
  • Glenn K. Jackson Inc. v. Roe, 273 F.3d 1192, (9th Cir. 2001)
  • Lee. v. American Nat. Ins. Co., 260 F.3d 997, (9th Cir. 2001)
  • Carnegie Mellon University v. Hoffmann-La Roche, Inc., 148 F.Supp.2d 1004, (N.D.Cal. 2001)
  • Fricke-Parks Press, Inc. v. Fang, 149 F.Supp.2d 1175, (N.D.Cal. 2001)
  • Franklin v. Fox, 107 F.Supp.2d 1154, (N.D. Cal. 2000)
  • U.S. v. Talao, 222 F.3d 1133 (9th Cir. 2000)
  • Obrien v. Jones, 23 Cal.4th 40 (2000)
  • Kremen v. Cohen, 99 F.Supp.2d 1168, (N.D.Cal. 2000)
  • Fox v. Kramer, 22 Cal.4th 531 (2000)
  • Bollard v. California Province of the Society of Jesus, 196 F.3d 940 (9th Cir. 1999)
  • Warden v. State Bar, 21 Cal. 4th 628 (1999)
  • Sprewell v. Golden State Warriors, 1999 WL 179682 (N.D. Cal. March 26, 1999)