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James M. Hester is a business litigator with Borchard & Callahan. During his 17 years as a practicing attorney, he has represented nearly 2000 clients in a wide variety of mostly business related matters and has had dozens of trials and arbitrations. Although his specialty is business and intellectual property litigation, he has handled and has appeared in court on cases involving bankruptcy, immigration, administrative, military, probate, domestic, juvenile and criminal issues, as well as other civil matters such as real estate, personal injury, employment, asset forfeiture and appellate issues. He has served as an arbitrator and a judge pro tem and was a candidate for Superior Court in 1998. Upon graduating from the University of Florida in 1978, Mr. Hester became an officer in the United States Army and served in Europe for three years. He was awarded the Army Commendation Award upon leaving active duty in 1982 but stayed in the Reserves and National Guard as a military intelligence and special forces (A Green Beret) officer until 1992. In addition to obtaining a law degree (Juris Doctor), he earned a Master's of Arts in International Relations and a Masters of Law (LLM) degree in International Business Law. He has worked for a German law firm, has studied law in Austria, Poland and Russia and has argued a case before the International Arbitration Association in Salzburg, Austria. From 1989-2000, Mr. Hester served on the faculty of several universities and has taught over 1500 students numerous subjects at both the undergraduate and graduate levels, to include business law, international business law, employment law, intellectual property law, bankruptcy, torts, civil procedure and legal research. He has written dozens of articles that have been published on a wide variety of topics including analyses of the Three Strikes Law, the ramifications of Proposition 187, Tort Reform and the impact of the Internet on Trademark and Copyright law. He served as an editor for the North San Diego County Bar Association Newsletter and is the author of The Intellectual Property Toolbox as well as a novel published in 1994 called The Knights of the White Camelia. Mr. Hester's litigation philosophy is analogous to that enunciated by General Colin Powell in the Persian Gulf War (the Powell Doctrine): Obtain complete support of the public (the client), be thoroughly prepared, and overwhelm the opponent with a massive display of force. Against Iraq, this philosophy resulted in victory in four days. In litigation, aggressive and professional tactics bodes well at time of trial but importantly, often forces a favorable settlement. While Mr. Hester has been in court on hundreds of occasions, he is most proud of the fact that the majority of his cases have resulted in favorable settlements, minimizing his clients' fees and aggravation. Based on his broad range of experiences, Mr. Hester has an understanding of the legal system as a whole that very few possess, allowing him to provide his clients with sound advice. He is married with two children, ages eleven and seven. |
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