James Plotkin

jamesplotkin_5750_caza_saikaley

James Plotkin

James Plotkin’s advocacy focuses on intellectual property, commercial and public law litigation and arbitration (international and domestic). He has argued before the Supreme Court of Canada, Federal Court and various branches of the Ontario Superior Court of Justice and taken part in various international and domestic arbitrations.

James joined Caza Saikaley as an associate after articling with the firm in 2015-2016. Before returning, he served as law clerk to the Honourable Justice Richard Boivin of the Federal Court of Appeal.

James obtained his LL.L., J.D., and LL.M. from the University of Ottawa. His LL.M. research focused on the implications of 3D printing on Canadian trademark law. He has published various pieces in areas including copyright, trademarks, domain name disputes and international and domestic commercial arbitration.

In addition to his litigation and arbitration practice, James is involved in domain name dispute resolution, both as counsel and adjudicator. He is on Resolution Canada’s roster of domain name dispute panelists, one of the two entities authorized by the Canadian Internet Registration Authority (CIRA) to administer disputes within the “.ca” domain.

An avid mooter in law school, James was a member of the University of Ottawa’s 2015 world champion Willem C. Vis. International Commercial Arbitration Moot Team, which he now assists in coaching. The University of Ottawa Vis Team’s 2017 win makes James the first person in the Moot’s over 25-year history to win as both a pleader and a (very proud) coach. James believes strongly in the educational value in mooting, and volunteers annually to judge at the Vis Moot in Vienna and the Capital Cup Undergraduate Moot Court Competition at Carleton University in Ottawa.

Direct line: 613-564-8271

CALL TO THE BAR

Ontario (2016)

EDUCATION

LL.M., University of Ottawa, 2015

J.D., University of Ottawa, 2013 (Cum Laude)

LL.L., University of Ottawa, 2012 (Cum Laude)

DEC, Vanier College, 2009 (Jazz guitar – specialization in composition and arranging)

PROFESSIONAL AFFILIATIONS

The Law Society of Ontario

County of Carleton Law Association (CCLA)

Intellectual Property Institute of Canada (IPIC), 2013

Editorial Board – Canadian Intellectual Property Review, 2015

Young International Arbitration Group – London Court of International Arbitration (LCIA), 2015

Young Canadian Arbitration Practitioners (YCAP), 2016

PUBLICATIONS AND CONFERENCES

Publications

James Plotkin, Deference Deference Shall You Do, For This Is Arbitral Review: Why Canadian Courts Should Exercise Maximal Deference When Reviewing Commercial Arbitral Awards For Legal Errors, (2018) 27 Canadian Arbitration and Mediation Journal 1, p. 17 et seq.

James Plotkin & Natalie Kolos, “Canada” in Nikolous Pitkowitz eds., Handbook on Third-Party Funding in International Arbitration (New York: Juris, 2018).

James Plotkin, “The Impact of 3D Printing on Canadian Trademark Law: Selected Issues and Potential Solutions”, (2017) 33 CIPR 63.

James Plotkin, “The Model for a Path Forward: A Proposal for a Model Law Dealing With Cyber-Squatting and Other Abusive Domain Name Practices”, (2015) 27 Denning LJ 204.

James Plotkin, “The Copyright Implications of Book Editing Apps: Case Study – Story Surgeon”, 30 CIPR 2.

James Plotkin, “The Song Remains (Substantially) The Same: A Modest Proposal For A New Analytical Test In Music Plagiarism Cases”, (2013) 2 Michigan IT Lawyer 30.

James Plotkin, “Analyse du règlement Google Books et son rejet par un tribunal de New York”, (2011) 23 CPI 3, 1427.

James Plotkin, “Il existe maintenant un domaine .xxx pour les sites pornographiques mais on ne sait pas trop qui le voulait et pourquoi”, (2011) 23 CPI 3, 1439.

James Plotkin, “Deference Deference Shall You Do, For This Is Arbitral Review: Why Canadian Courts Should Exercise Maximal Deference When Reviewing Commercial Arbitral Awards For Legal Errors”, 27:1 Canadian Arbitration and Mediation Journal 17.

Speaking engagements

2015 Osgoode Forum – Sex, Drugs & Rock ‘n Roll: Subversive Sites in the Law, June 2015

Vanier College – annual lecture on copyright in music, 2011 – present