Hon. S. James Otero (Ret.) is a sought-after neutral at JAMS, known for his thorough preparation in a variety of high-value complex cases. Prior to joining JAMS, he served for 16 years as a federal and 14 years as a state court judge in Los Angeles, authoring precedent setting cases. Judge Otero has sat by designation on the United States Court of Appeals for the Ninth Circuit and is one of only two Central District Court judges to have been invited to sit on the United States Court of Appeals for the Federal Circuit. During his 16 years on the district court bench, Judge Otero presided over hundreds of trials and settlement conferences, including trademark, trade dress,  copyright, patent and trade secrets, securities, ERISA and financial services, life sciences, defective product, catastrophic injury, employment, class action, false claims act, and MDL antitrust lawsuits. 

A graduate of Stanford Law School, Judge Otero started his career at the Los Angeles City Attorney’s Office. He stayed there for a decade, moving on to one of Los Angeles’s most powerful positions, Water and Power, representing various Southern California cities before the Federal Energy Regulatory Commission and in federal courts. He then became regional counsel for Southern Pacific Transportation Company.

"The Golden State Warrior: Judge S. James Otero."

• Law360 “In Chambers”

Judge Otero is "settlement savvy" and goes "all out to try to settle a case."

• Los Angeles Daily Journal

Judge Otero "really is a judge who is on the ball . . . He keeps a very orderly court, which I think promotes an overall feeling of fairness in trials."

• Los Angeles Daily Journal

ADR Experience and Qualifications

• 16 years as a U.S. District Court judge for the Central District of California
• 14 years as a California Superior Court judge for the County of Los Angeles
• Original member of the United States District Court's Patent Pilot Program
• Presided over 344 patent cases: A June 2018 Legal Metric report reflects a nearly even split in victory between the patent owner (47.8%) and the accused infringer (52.2%). The same report reflects that of the 13 cases that were later appealed, Judge Otero was affirmed, at least in part, in 90% of those cases.
• Past member of the Ninth Circuit Judicial Conference Executive Committee
• Speaker and panelist at forums hosted by the Association of Business Trial Lawyers, Federal Circuit Bar Association, American Bar Association, State Bar of California, Los Angeles County Bar Association and Los Angeles Intellectual Property Lawyers Association
• Speaker and panelist at international intellectual property-oriented conferences, including the Korea-U.S. Judicial Conference, the China Forum on Intellectual Property, the Taiwan Forum on Patent Damages and programs hosted by the United States Patent and Trademark Office of the Department of Commerce
• Panelist at the University of Southern California Gould School of Law Intellectual Property Institute
• Panelist at the University of Texas Intellectual Property Institute Sat by designation on the Federal Circuit and Ninth Circuit Judicial Advisor, Civil Jury Trial Project, NYU
  School of Law
• Panelist, Joint Regulatory Conference, U.S. Securities and Exchange Commission
• Presenter at the USC Labor & Employment Symposium
• Presenter at the Washington State Class Action Symposium 
• Panelist at the USC IP Symposium speaking on Trademark Surveys 
• Speaker on panel hosted by the Inn of Court, presenting on Intellectual Property mediation strategies

Representative Settlements

Representative Matters

• High-Profile Cases
• As a Judge, decided case involving the President of the United States, an adult film star and a nondisclosure agreement (NDA); issues included Article III case or controversy limitations, the testimonial privilege under the Fifth Amendment and the right to be free from prior restraint under the First Amendment; underlying these claims was the issue of the validity of the NDA 
• As a Judge, heard case of first impression concerning whether the Tokyo Convention requires deference to be given to the aircraft captain's decision, based on reports received from the cabin crew, to act in response to passenger conduct that may jeopardize the safety of the aircraft or of persons or property on board. 
• As a Judge, conducted trial involving class action for injunctive relief brought by Public Counsel on behalf of parents detained in immigration custody by the Department of Homeland Security (DHS), whose minor children were then separated from them by DHS; plaintiffs claimed that the government's separation policy caused damage to their physical and mental health, and sought assessment and treatment of class members 
• As a Judge, decided case in which the government alleged defendant illegally exported surface-to-air missiles and other military equipment to Libya; as much of the evidence came from intelligence operatives, the case involved complex procedure protocols under the Classified Information Procedures Act, in which the court had to sort and determine the classified information required to be disclosed to the defense
• Class Action & Mass Tort
• As a Judge, settled 124 MDL product liability claims arising out of 124 fires that a carrier contends were caused by a manufacturer's defective product; plaintiffs asserted strict liability, negligence, design defect, manufacturing defect and failure to warn claims; defendant claimed the fires were caused by the failure to properly install and maintain the products
• As a Judge, decided multidistrict/mass tort action alleging defendant, a pharmaceutical company, had a duty to warn that its drug presented a risk of osteonecrosis
• As Mediator, settled class action involving internet and cable service provider who was sued by musicians and artists whose works were infringed upon
• As Mediator, settled class action where flight attendants sued airline over meal and rest breaks when they flew over different states. Case questioned whether state employment laws applied or federal employment laws applied.
• As Mediator, resolved class action on behalf of California consumers who have been enrolled in an automatic renewal/continuous service movie program involving alleged violation of the California Automatic Renewal Law and the California Civil Code section 1716
• As Mediator, settled class action on behalf of similarly situated past and present employees of defendant wherein plaintiffs alleged 15 causes of action including the violation of California Labor Code sections 226.7 and 512.2 for failure to provide rest periods and violation of the Fair Labor Standards Act (FLSA) for failure to pay overtime wages
• As Mediator, resolved putative class/PAGA action alleging the violation of California Labor Code section 226.7, California Labor Code section 512(a), and the California Labor Code sections 1194, 1197, and 1197.1
• As Mediator, resolved class action on behalf of all individuals who, during the class period, have or had an Option ARM loan that was purchased or otherwise acquired by defendant's mortgage corporation, which was secured by real property in the State of California; the action alleged violation of the Truth in Lending Act (TILA) and California's Unfair Competition Law (UCL)
• As a Judge, conducted class action trial involving toilets containing a pressure-assist flushing system manufactured by defendant during the class period; the class consisted of all persons in California who own toilets containing the subject pressure assist flushing system who are consumers within the meaning of the Song-Beverly Consumer Warranty Act and the Consumer Legal Remedies Act
• As Mediator, settled class action on behalf of all persons and entities who purchased or otherwise acquired Defendant's Common Stock pursuant or traceable to Offering Documents issued in connection with the SPO during the class period; the complaint alleged defendants made false and or misleading statements and or failed to disclose material adverse facts about defendants' business
• As a Judge, decided class action on behalf of persons who purchased products advertised with "Compared To" price, if such purchase was made during the class period at any of the Defendant's 36 California stores or Defendant's e-commerce website, if purchaser provided a California billing address
• Securities
• As Mediator, settled securities class action stemming from disclosure of risk involving faulty foreign manufacturing of certain cosmetic implants 
• As Mediator, settled securities class action brought by a class of plaintiffs that purchased or otherwise acquired stock in a company that produced materials for mobile communication devices; plaintiffs alleged that representatives of the company made public disclosures that were artificially inflated; a significant issue in the case was whether the heightened pleading standards of Rule 9(b) of the Federal Rules of Civil Procedure apply to all the causes of action in a securities class action complaint or just the cause of action that alleges fraud 
• As Mediator, settled securities class action resulting from allegedly fraudulent material statements and related courses of conduct pertaining to the emission
  control systems of an auto manufacturer of diesel vehicles 
• As Mediator, resolved enforcement of the terms of a stock purchase agreement for the acquisition of the holding company which owns a French-inspired restaurant brand, involving obligations under stock purchase agreement with respect to  employee benefits and a collateral letter of credit, providing a closing statement, and royalty payments 
• As a Mediator, settled securities fraud class action involving Chinese local on-demand retail and delivery platform over certain overstatements of net revenues and operating and support costs during certain quarters. Settlement involved approval from People’s Republic of China
• Bankruptcy
• As Mediator, settled bankruptcy matter involving a liquidating trust in which plaintiff alleged that an appliance manufacturer breached an agreement and committed business commercial interference torts by supplying plaintiff with defective products and then retaliating against it for reporting this fact to the Consumer Product Safety Commission 
• Insurance
• As Mediator, resolved case alleging breach of contract and deceptive business practices brought by owners of 22 different life insurance policies; plaintiffs claimed defendant imposed monthly deduction rate increases that forced plaintiffs to either pay exorbitant premiums that defendant knew would reduce the policy values, or lapse and surrender their policies 
• As a Mediator, settled insurance coverage matter alleging breach of policy and bad faith against major insurance company relating to substantial smoke damage to residence from 2018 Woolsey Fire.
• Intellectual Property
• Copyright
  • As a Judge, decided copyright action settlement between one of the world's largest musical copyright holders and a company that provides inflight entertainment content to airlines; the case involved 688 works and included claims for direct, willful and contributory infringement 
  • As a Judge heard copyright infringement action involving a celebrity photographer who sued a foreign website for copyright infringement and sued two companies providing the infringing website with privacy services for contributory infringement 
  • As a Judge, conducted trial involving copyright infringement in which plaintiff claimed that defendant copied copyrightable portions of plaintiff's book in writing a screenplay for a film 
  • As a Judge, decided copyright infringement action involving the adult entertainment industry; the case went to trial and the jury returned a verdict, which was reportedly the largest for adult entertainment producers in a copyright claim
  • As Mediator, settled copyright infringement putative class action involving termination of grants of copyright sound recordings under US Copyright Act. 
  • As Mediator, settled copyright class action matter involving musicians suing large corporate music entertainment company over copyright infringement based on Copyright Act of 1976.
  • As Mediator, resolved common law trademark infringement and unfair competition matter involving dispute to geo-locate and mint NFTs in the real world 
  • As Mediator, settled class action copyright infringement matter involving violations of the Lanham act where plaintiff alleged that defendant, a foreign-based government controlled online marketplace giant, sold counterfeit versions of artwork at depreciated values.
• Patent
  • As Mediator, settled patent infringement lawsuits in Delaware, with IPR petitions with the Patent Board and litigation in Germany on related patents involving digital sequencing technology cancer diagnostics 
  • As Mediator, settled U.S. and China litigation involving utility patents; the dispute included invalidity and infringement claims; the case settled with the parties
    agreeing to design around the claimed invention, money damages and covenants not to sue 
  • As Mediator, settled patent infringement and trade secret action involving a gastric balloon device used to treat obesity; the dispute centered on the question of
    damages; plaintiff demanded a lump-sum upfront payment; defendants countered with a running royalty based on revenues 
  • As a Judge, decided patent infringement action between two pharmaceutical companies over defendant's product for treatment of a skin disorder; the chief dispute was whether a claim was indefinite under Section 112 of the Patent Act 
  • As a Judge, heard patent infringement action between two pharmaceutical companies looking to capture a market sector for cancer immunotherapy; the patent at issue concerns genetically engineered chimeric antigen receptors, which harness the body's own immune system to target and attack specific antigens that
    appear on cell surfaces of certain lymphomas; following claim construction and
    summary judgment motions, the case proceeded to trial. 
  • As a Judge, decided patent infringement action between medical technology firms related to improvements to oscilloscopes; the matter settled after claim construction Patent infringement action involving online classroom technology; the central issue was whether the claims were directed to patent-ineligible subject matter 
  • As a Judge, decided patent infringement action concerning whether defendant's televisions infringed four of plaintiff's patents directed to LED semiconductor chips and phosphor materials that produced white light when combined; the case settled after claim construction and pretrial rulings 
  • As a Judge, conducted patent infringement trial involving three patents related to vacuum toilets used in commercial aircrafts; issues included construction of certain key terms and whether the doctrine of assignor estoppel barred defendant from arguing that the asserted patents were invalid 
  • As Mediator, settled claims by large telecommunications provider asserting patent infringement against another provider’s VOIP telecommunication services in the District of Kansas 
  • As Tripartite Panel Arbitrator, heard pharmaceutical life sciences matter involving cell therapies for certain cancers
• Trademark
  • As Mediator, settled trade dress action; plaintiff alleged that defendant's products mimicked the design, shape, size and color scheme of the plaintiff's products; the
    primary dispute involved whether plaintiff's trade dress was distinctive and/or had acquired secondary meaning
  • As Mediator, settled enforcement of a Binding Term Sheet and a License Agreement, related to the establishment of a trademark holding company owned 50/50 between a social media influencer and licensee.
  • As Mediator, settled trademark infringement dispute between two companies over a word mark; defendant is a foreign-based company that used the mark first, but only on cosmetic items; plaintiff is a clothing company that began using the mark on clothing in the United States 10 years later; plaintiff argued no likelihood of
    confusion and that laches barred defendant's infringement claims 
  • As a Judge, decided trademark infringement action involving two noncompeting companies using the same word mark; after performing the Ninth Circuit's Sleekcraft analysis, the court determined that plaintiff had not met its burden of establishing a likelihood of consumer confusion 
  • As a Judge, heard trademark infringement and preliminary injunction action brought by the leader of a popular Mexican band against a former member of the band using the mark. 
  • As Mediator, settled trademark infringement, false advertising and unfair competition dispute over the ownership of an “Open AI” trademark of a highly
    recognizable emerging technology
• Trade Secrets
• As a Mediator, settled misappropriation of trade secrets, breach of fiduciary duty and fraud claims arising out of a dispute between a startup and its former employee
  where plaintiff alleges defendant failed to return and safeguard plaintiff’s intellectual property involving virtual platforms and cryptologically secure blockchain transactions following termination 
• As a Mediator, resolved trade secrets dispute involving high level employee who left large tech firm and went to competitor.
• Antitrust & Competition
• As a Judge, conducted trial involving antitrust and competition class action and multidistrict court litigation alleging defendant conspired to fix prices on passenger
  flights between the United States and a country in Asia; the case settled after pretrial rulings with the company paid to end the price-fixing suit 
• As a Neutral Evaluator, heard antitrust matter involving global technology company and government entity alleging monopolization of core markets of the tech industry through eliminating ad tech competitors through acquisitions and using market power and dominance in publishing ad servers, advertising ad networks and ad exchanges. 
• As Mediator, settled antitrust dispute involving mobile tolling app for personal vehicles vs leading provider of toll management services for rental car companies. 
• As a Neutral Evaluator for a mock trial, heard case involving US government federal agency against large software company over deceptive ad campaign for services. Company has large market share offering certain accounting services to consumers. 
• Business Commercial
• As Mediator, settled breach of an asset purchase agreement for the sale of assets of dental offices, involving a dispute over the sale of a business, involving contract interpretation and accounting issues 
• As Judge, decided case involving a juice beverage company that accused a competitor of deceptively labeling and advertising its blend of flavored juices; the case went to the Supreme Court of the United States on the issue of whether the Food, Drug and Cosmetics Act precluded plaintiff's Lanham Act claim due to conflicts between the two statutes Case involving parties unable to agree to the terms of a contract concerning the importation of robotic vacuums into the United States 
• As Judge, heard case involving the defense industry; defendant, a foreign manufacturer of aviation equipment, held a contract to supply aircraft parts for a United States Department of Defense program; defendant selected plaintiff to supply one of the critical components of an aircraft part; after years of working together, the relationship ended, and defendant allegedly cut plaintiff out of its contract; plaintiff contended it was entitled to damages
• Civil Rights
• As a Judge, conducted civil rights trial on action brought by disabled and homeless veterans seeking to compel the Veterans Administration (VA) to build more supportive housing; a major issue was whether the VA acted outside its authority in leasing VA property to third parties for purposes not benefiting veterans 
• As a Judge, settled § 1983 action for false arrest and retaliation for exercise of First Amendment rights; plaintiff, a homeless activist, claimed he was wrongfully arrested
  for filming police officers in the performance of their duties during a city street cleanup 
• As a Judge decided case against a city and police officer for the fatal shooting of decedent; the central issue was whether the officer was objectively reasonable in his belief that there was an immediate threat of serious physical injury at the time
  he shot the decedent 
• As a Judge, heard case involving the fatal shooting by police of a mentally or physically impaired woman 
• As a Judge, decided case involving a news outlet and whether a county violated the First Amendment right of the news outlet by failing to make newly filed court complaints available in a timely fashion 
• As a Judge, settled ADA Act claim for alleged failure to accommodate; a minor, through his guardian ad litem, claimed that a teacher and school district subjected the special-needs student to ridicule, embarrassment and discrimination requiring that student to transfer to another school
• Employment Law
• As a Judge, settled wrongful termination claim brought by a plastic and reconstructive surgeon against a major hospital that withdrew accommodations that allowed the surgeon, who had disabilities, to treat patients 
• As Mediator, settled wage and hour case arising under federal Fair Labor Standards Act and California Labor Code for failure to pay minimum wages, failure to reimburse business expenses and illegal deductions from wages; the case centered
  on whether the plaintiff, a truck driver, was properly considered an employee or an independent contractor 
• As Mediator, resolved wage and hour class action on behalf of current and former hourly drivers of defendant, a transportation and trucking company 
• As Mediator, settled wage and hour class action settlement on behalf of supermarket employees who claimed their employer did not pay sufficient overtime wages and that their pay statements failed to accurately identify the number of hours they worked 
• As a Judge, decided wage and hour class action settlement by airport employees who claimed their employer failed to pay them according to their city's living wage ordinance Employment retaliation case involving a police officer who claimed he was retaliated against by his police department after he testified in another trial in which another officer sued the police department for violating the Fair Labor Standards Act; the case went to a jury trial, and the jury found for the plaintiff 
• As a Judge, heard class action labor dispute involving current and former employees of a group of insurance companies who alleged their employers failed to provide meal and rest periods 
• As Neutral Evaluator, heard 9th circuit wage & hour class action matter involving numerous employment issues 
• Health Care
• As Mediator, settled healthcare qui tam action alleging that defendant, who competed with relator's dialysis company, charged patients for unnecessary procedures and gave kickbacks to a university 
• As a Judge, decided Employee Retirement Income Security Act (ERISA) case concerning whether the residential treatment received by a beneficiary of the plan was a "medical necessity" as defined by the plan 
• As a Neutral Evaluator, heard mock trial re Certified ERISA class action alleging that large university’s Retirement Plan Committee breached its fiduciary duty of prudence by (i) failing to negotiate lower recordkeeping fees, (ii) failing to reduce the number of recordkeepers, (iii) failing to adequately monitor investment options; and (iv) failing to monitor the Plan’s fiduciaries. 
• As Mediator, settled payor-payee dispute involving mid-size provider against large healthcare insurance firm. 
• As Mediator, settled government action against would care doctor over alleged spinal surgery hardware
• Entertainment & Sports
• As Mediator, settled multi-million dollar trade dress matter involving well known American celebrity who created a line of non-MGO and vegan nutritional supplements and went into co-venture agreement with large conglomerate food
  company 
• As Mediator, settled exclusive streaming rights dispute involving well known boxers 
• As a Judge, heard matter involving legendary boxer and unauthorized use of likeness and image for products 
• As Mediator, resolved trademark infringement dispute over a celebrity owned cosmetics line whose name conflicted with a boutique fashion brand. 
• As Mediator, settled trademark and service mark infringement matter involving large outdoor music festival against well known ticket vendor 
• Tribal Law
• As Mediator, settled libel / defamation pre-suit dispute involving well known native American woman against large California tribe that repeatedly labeled her as an ethnic fraud and non-Indian despite proof. Plaintiff alleged damages in lost job opportunities and removal from high profile political events.
• As court ordered Mediator, selected tribal gaming compact in dispute of tribe vs federal government.
• Cryptocurrency
• As Mediator, settled contract dispute between Plaintiff, who issues a cryptocurrency token called MATIC, and Defendant, who operates a cryptocurrency exchange platform where users can buy and sell cryptocurrency (or tokens). Dispute involves the amount of deposit to be returned to Plaintiff under the terms of the Listing Agreement.

Honors, Memberships, and Professional Activities

Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

Honors

• Profiled in Law360’s "In Chambers" series, featuring the nation's leading state, federal, and appellate judges
• Recipient, Distinguished Public Service Award, Los Angeles Intellectual Property Law Association
• Recipient, Benjamin Aranda III Judge of the Year Award, Mexican American Bar Association
• Recipient, Carlos Moreno Judicial Excellence Award, Mexican American Bar Association
• Recipient, Judicial Excellence Award, Philippine American Bar Association
• Recipient, Distinguished Alumni Award, California State University, Northridge
• Member, Ninth Circuit Judicial Conference Executive Committee
• One of only a few United States district court judges to be invited to sit by designation on the United States Court of Appeals for the Federal Circuit
• Nominated by President George W. Bush to serve as a judge on the United States District Court for the Central District of California; confirmed 96–0 by the United States Senate
• Vice President, California Judges Association
• Vice President, California Latino Judges Association

Memberships and Professional Activities

• Organizations
  • Member, Board of Governors, Association of Business Trial Lawyers
  • Member, Judiciary Advisory Board, Association of Business Trial Lawyers
  • Founding Member and Executive Board Member, Judge Paul R. Michel Intellectual Property American Inn of Court
  • Member, Executive Committee for the Litigation Section, Los Angeles County Bar Association
  • Member, Federal Circuit Bar Association
  • Member, Los Angeles Intellectual Property Law Association
• Speaking Engagements
  • A Conversation with Justice Anthony Kennedy, Supreme Court of the United States, Ninth Circuit Judicial Conference
  • Federal Circuit Bench and Bar Conference, Case Management: Best Practices
  • University of Southern California Gould School of Law Intellectual Property Institute, Judicial Dialogue on the Protection of Intellectual Property Rights
  • Association of Business Trial Lawyers, Effective Use of Demonstrative Evidence
  • Federal Circuit Bench and Bar Conference, A Glimpse Behind the Curtain: Sitting by Designation at the Federal Circuit
  • S. Securities and Exchange Commission, Joint Regulatory Conference
  • Los Angeles County Bar Association, Federal Courts Symposium, Settlement Conferences: Insight on Best Practices
  • Federal Circuit Bench and Bar Conference, New Developments and Procedures in the Trial Courts for Managing and Expediting Litigation
  • BNA's Patent Litigation Strategies Update, The Judicial Prospective
  • Association of Business Trial Lawyers, Trial Presentation Technology
  • University of Texas Law, Advanced Patent Law Institute, Judicial Insight and Experiences Hearing and Trying Patent Cases
  • University of Southern California Gould School of Law Intellectual Property Institute, A Closer Look at Enforcing Trademarks at the ITC v. U.S. District Court
  • Federal Circuit Bench and Bar Conference, The Assessment on the Fifth Anniversary of the Patent Pilot Program
  • Korea-US IP Judicial Conference, Speaker and Panelist, IP Rights
  • Speaker and Panelist, The China Forum on Intellectual Property
  • Panelist, International Air Transport Association, Berlin Conference, The Authority of a Pilot to Divert an International Flight, Eid v. Alaska Air, Inc., 621 F.3d 858 (9th Cir. 2010)
  • United States Department of Commerce, Programs Presented in the Republic of Azerbaijan and Morocco, Focusing on Trademarks and Copyrights

Background and Education

• United States District Judge, U.S. District Court, Central District of California, 2003–2020
• Judge, Los Angeles Superior Court, 1990–2003
• Judge, Los Angeles Municipal Court, 1988–1990
• Regional Counsel, Southern Pacific Transportation Company, 1987–1988
• Attorney, Los Angeles City Attorney's Office, 1976–1987
• J.D., Stanford Law School, 1976
• B.A., California State University, Northridge, 1973