Brian R. Tinkham is a Senior Associate at Johnson & Johnson
Mr. Tinkham practices business and entertainment litigation. He also provides general counseling services to clients in the music, television, film, and video game industries.
Mr. Tinkham has been practicing litigator for over sixteen years. During this time he has represented Fortune 100 companies, Fortune 500 companies, small businesses, individual business owners, and entertainment industry talent in actions involving breach of contract, copyright infringement, copyright termination, idea theft, trademark infringement, misappropriation of trade secrets, royalty and profit participation litigation, partnership disputes, defamation, right of publicity/privacy cases, class actions, fraud, and other claims common to business and entertainment litigation cases.
His business litigation cases have covered a wide variety of industries including real estate, manufacturing, finance, consulting, and fashion. Some of Mr. Tinkham's entertainment litigation matters have been featured in the Hollywood Reporter, Variety, and Billboard.
Experienced in every phase of litigation through trial and appeal, Mr. Tinkham will seek to understand all of the facts relevant to his client's case, identify the strengths of the case, and strategically develop his client's factual and legal arguments. For example, this year Mr. Tinkham obtained a dismissal of a purported $1,000,000 action for tortious inference for prospective business advantage against one of his entertainment clients for a full dismissal with prejudice.
When possible, Mr. Tinkham has assisted his clients in resolving their claims in pre-litigation. However, when settlement is not an option, Mr. Tinkham has taken dozens of cases to trial/arbitration hearing in state court, federal, court, and arbitration. Mr. Tinkham has also appeared in international arbitrations for actions involving cross-border disputes.
For example, in a recent case involving competing high seven figure claims for breach of contract by both parties, Mr. Tinkham was able to fully develop his client's factual and legal arguments early in the litigation while disposing of almost all of the factual allegations that Mr. Tinkham's client had failed to perform pursuant to the terms of the contract. In the end, the case settled and Mr. Tinkham's client was paid the full amount owed under the contract while minimizing the attorneys' fees and costs needed to proceed with the matter.
Mr. Tinkham was selected as a Rising Star Super Lawyer in business litigation by Super Lawyers' Magazine in 2014 and 2015.
J.D., Southwestern Law School, 2004
Associate Editor, Southwestern International Law Journal
Co-Authored the article: “Global Rule One: SAG's Answer to Runaway Production” 9. SW. J.L Trade & Americas 35 (2003) which was republished for the 2009 UCLA Entertainment Law Symposium.
Hastings College, B.A, 1997, Dean's List
- Intellectual Property Litigation
- Copyright Law
- Business Litigation