Overview
 

James Gilbert focuses his practice on commercial litigation for clients in a wide range of industries.  He regularly prosecutes and defends breach of contract actions, trade secret litigation, intellectual property litigation, and insurance matters.  He has particular experience handling injunction proceedings, the management of complex electronic discovery, and responses to subpoenas.  James has successfully obtained pre-trial resolution of disputes through motion practice and defended those victories on appeal.  

James graduated from Tulane University Law School magna cum laude in 2015, earning a certificate in Civil Law.  While in law school he served as managing editor of the Tulane Law Review and as a research assistant to Professor A.N. Yiannopoulos.  He earned his undergraduate degree cum laude from Tulane University in 2011.
Immediately following law school, James served as a law clerk for the Hon. Jane Triche Milazzo of the United States District Court for the Eastern District of Louisiana.  During law school he also served as a judicial extern for the Hon. Eldon E. Fallon, also of the United States District Court for the Eastern District of Louisiana.  

 

Professional Experience

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• Obtained injunctive relief for non-profit corporation preventing trademark infringement and unfair competition by former board members.

• Obtained summary judgment dismissal in protracted lease dispute concerning enforceability of various lease provisions and defended the trial court’s judgment on appeal.

• Obtained injunctive relief protecting former employer from improper use of trade secret information in setting up a directly competing enterprise.

• Obtained injunctive relieve prohibiting former director of a nonprofit entity from purporting to act on the entity’s behalf.

• Represented multinational corporation in international arbitration proceedings concerning ownership of intellectual property.

• Obtained summary judgment dismissal of claims regarding enforceability of property restrictions and defended the dismissal on appeal.

 

Professional Affiliations

 

• New Orleans Bar Association

• Louisiana State Bar Association Intellectual Property Section

• Federal Bar Association

• Louisiana Law Institute, Junior Honorary Member (2015-2016)

 

Honors & Recognition

 

• Best Lawyers Ones to Watch (2021-2024)  

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Admissions

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• Louisiana (2015)

• U.S. Fifth Circuit Court of Appeals (2017)

• U.S. Tenth Circuit Court of Appeals (2020)

• Eastern District of Louisiana (2017)

• Middle District of Louisiana (2017)

• Western District of Louisiana (2017)

• Eastern District of Texas (2018)

• Northern District of Texas (2019)

• Southern District of Texas (2023)

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Publications

• In Person Depositions in the Time of COVID-19, American Bar Association Pretrial Practice & Discovery Section of Litigation Newsletter, Vol. 30, No. 1, Winter 2022.

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Education

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Tulane University Law School, magna cum laude, 2015

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Tulane University, B.A., History and Political Science, cum laude, 2011

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Judicial Clerkship

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• Hon Jane Triche Milazzo, United States District Court for the Eastern District of Louisiana (2015-2017)

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Areas of Practice

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• Commercial Litigation

• Appeals

• Casualty / Personal Injury