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MCLE Workshops 2023

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It’s that time of year again! California Bar members in Group 3, whose last names fall into the N–Z range, must fulfill their MCLE requirements by January 31, 2023, and report by February 1, 2023.

MCLE Workshops 2023It’s that time of year again! California Bar members in Group 3, whose last names fall into the N–Z range, must fulfill their MCLE requirements by January 31, 2023, and report by February 1, 2023. As a service to our clients and friends (including those whose last names do not fall into this range), we would like to invite you to our annual MCLE workshops, which will be offered virtually again this year.   The workshops will offer one hour on competence issues, two hours on legal ethics, and two hours on elimination of bias. The CA State Bar now requires two hours of elimination of bias, with one hour solely focused on implicit bias. This education requirement applies to attorneys who must report compliance by January 31, 2023.    Please register for each of the sessions you would like to attend by clicking the program links below.     9:00 a.m. to 10:00 a.m. PST – Elimination of Bias – Pay Equity 11:30 a.m. to 12:30 p.m. PST – Ethical Issues in Trade Secrets Counseling and Litigation 1:00 p.m. to 2:00 p.m. PST – Elimination of Bias – Implicit Bias 2:30 p.m. to 3:30 p.m. PST – Legal Ethics in Investigations 4:00 p.m. to 5:00 p.m. PST – Competence Issues

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It’s that time of year again! California Bar members in Group 3, whose last names fall into the N–Z range, must fulfill their MCLE requirements by January 31, 2023, and report by February 1, 2023. As a service to our clients and friends (including those whose last names do not fall into this range), we would like to invite you to our annual MCLE workshops, which will be offered virtually again this year.The workshops will offer one hour on competence issues, two hours on legal ethics, and two hours on elimination of bias. The CA State Bar now requires two hours of elimination of bias, with one hour solely focused on implicit bias. This education requirement applies to attorneys who must report compliance by January 31, 2023. Please register for each of the sessions you would like to attend by clicking the program links below. <ul><li>9:00 a.m. to 10:00 a.m. PST – <a href="https://www.veracast.com/webcasts/mofo/mcle-programs/8cp4fF.cfm" target="_blank">Elimination of Bias – Pay Equity</a></li><li>11:30 a.m. to 12:30 p.m. PST – <a href="https://www.veracast.com/webcasts/mofo/mcle-programs/2e97OV.cfm" target="_blank">Ethical Issues in Trade Secrets Counseling and Litigation</a></li><li>1:00 p.m. to 2:00 p.m. PST – <a href="https://www.veracast.com/webcasts/mofo/mcle-programs/GP9195.cfm" target="_blank">Elimination of Bias – Implicit Bias</a></li><li>2:30 p.m. to 3:30 p.m. PST – <a href="https://www.veracast.com/webcasts/mofo/mcle-programs/4YRO09.cfm" target="_blank">Legal Ethics in Investigations</a></li><li>4:00 p.m. to 5:00 p.m. PST – <a href="https://www.veracast.com/webcasts/mofo/mcle-programs/iS3Ty4.cfm" target="_blank">Competence Issues</a></li></ul><hr>

MCLE Workshops 2023

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Andrew Turnbull is a partner in the firm’s Global Employment + Labor Group and co-leader of the firm’s Anti-Bias Strategy + Defense Task Force. He has extensive experience advising, defending, and investigating high stakes and class discrimination, harassment, and whistleblower claims, including enforcement actions by EEOC, DOL, DOJ Civil Rights, ICE, and similar state agencies.  He is also well versed in defending and pursuing employee mobility and trade secret misappropriation claims, including breach of non-competes, non-solicits, and non-disclosures claims as well as and duty of loyalty and trade secrets claims. Andrew also routinely defends and advises companies, board of directors, and executives on the significant reputational, business, and compensation issues arising from executive disputes.A primary focus of Andrew’s practice involves helping companies handle the unique employment issues and challenges from doing business with the federal government, including:<ul><li>Defending whistleblower qui tam and retaliation claims under the False Claims Act, the National Defense Authorization Act, and other whistleblower laws;</li><li>Advising and defending government investigations and litigation under the Service Contract Act, the Davis-Bacon Act, and other prevailing wage laws;</li><li>Compliance and litigation defense relating to federal and state affirmative action requirements and DEI related risks;</li><li>Advising on unique compliance issues for federal contractors, such as mitigating discrimination risks when screening for export control compliance under ITAR and EAR, conducting E-Verify audits and compliance, and navigating the Drug-Free Workplace Act.</li></ul>Andrew is problem-solver. He routinely provides clients from Fortune 100 companies to startups with practical and business-minded risk mitigation strategies for various employment and labor issues, including:<ul><li>Developing DEI, affirmative action, pay transparency, antidiscrimination, and antiharassment programs and policies;</li><li>Conducting pay equity studies, adverse impact analysis, and bias testing of employment tests and tools, including for artificial intelligence;</li><li>Developing trade secrets protection and restrictive covenants strategies;</li><li>Reductions in force, furloughs, and high-risk terminations;</li><li>Risks related to 1099s and other contingent workers; and</li><li>Risks related to I-9 and E-Verify compliance, audits, and raids.</li></ul>Andrew also advises companies and executives on a wide range of employment agreements, including drafting and negotiating executive employment agreements, separation agreements, non-competes and non-solicits, and commission and bonus plans.Andrew also represents employers in matters involving union avoidance, negotiating and drafting collective bargaining agreements, handling union grievances, and avoiding and defending unfair labor practice charges.Prior to joining private practice, Andrew worked as a human resources manager for a company recognized on the Inc. 500, an annual list of the fastest-growing private companies in the United States.  Andrew received his J.D. with honors from the George Washington University Law School, where he served as a notes editor for The George Washington Law Review.  While in law school, Andrew interned at the Commercial Litigation Branch of the U.S. Department of Justice.Andrew is an active member of the steering committee of the Washington Metro Industry Liaison Group.

Andrew Turnbull

Partner

Bryan Wilson is a partner in the firm’s Intellectual Property Group. He is a first-chair trial lawyer with an expansive range of experience handling intellectual property matters in a variety of venues. His successful track record in recent years includes trade secrets and patent cases in both state and federal courts as well as in arbitration proceedings. He is co-chair of the firm's Trade Secrets Working Group and former chair of the Litigation Department in the firm's Palo Alto office. Bryan teaches a seminar in trade secret law as a Lecturer in Law at Stanford Law School and is a contributing editor to Trade Secrets (Law and Business 2016).Bryan’s jury trials include Hansen Medical, Inc. v. Luna Innovations, Inc., which was tried in Santa Clara County Superior Court and resulted in a $36 million trade secret and breach-of-contract verdict for Hansen Medical.Bryan also has extensive experience in arbitration proceedings with JAMS/Endispute, the American Arbitration Association, and private arbitration proceedings, including the arbitration of patent infringement claims, business disputes and trade secret matters.Bryan also maintains an active pro bono practice, representing organizations including the Mono Lake Committee, the Peninsula Open Space Trust, the Coastside Land Trust, the Tuolumne River Trust, and the National Law Center on Homelessness and Poverty. Before law school, Bryan worked for the Save San Francisco Bay Association and the U.S. Environmental Protection Agency.In 2012, 2013, 2014, 2016, and 2018, Legal 500 US recommended Bryan as a leading attorney for trade secrets, describing him as “‘a very smart, thoughtful attorney,’ who is ‘courteous and assertive in trial.’”

Bryan Wilson

Fitz Collings is an IP litigator who puts science first to develop innovative litigation strategies for life sciences and technology companies.Fitz counsels some of the largest pharmaceutical, biotechnology, and technology companies in the world on complex intellectual property matters. His experience over the past decade includes high-profile patent litigation involving immunotherapies for autoimmune diseases and cancer, for which he was recognized by Who’s Who Legal: Life Sciences in 2017 and 2018; trade secret proceedings in district courts and before the International Trade Commission; numerous Hatch-Waxman Act cases in district courts around the country; and representation of life sciences, biotechnology, and technology companies before the Patent Trial and Appeal Board (PTAB). Fitz also regularly serves as a trusted advisor to emerging companies—for whom IP is often their greatest asset—in structuring their growth and preparing for future litigation.Fitz maintains an active pro bono practice in which he represents clients in Medicaid coverage disputes and immigration matters. His recent pro bono work involved representing some of the most vulnerable members of our communities in partnership with Maryland Disability Law Center, Children’s Law Center, Public Counsel, and Southern Poverty Law Center.Fitz earned his B.A. in biology from Cornell University. He received his J.D. from the College of William & Mary, where he served as the technical editor of the Environmental Law and Policy Review and as president of both the American Constitution Society and the Student Intellectual Property Society. Prior to law school, Fitz worked as a scientific researcher at Brigham and Women’s Hospital and the Cleveland Clinic, and he draws on this experience to provide legal advice grounded in science to all of his clients.<h4>Representative Experience</h4><div><ul><li>A major technology company in a complex intellectual property case involving trade secret, copyright, patent, and antitrust claims.</li><li>A global pharmaceutical company in worldwide patent litigation and PTAB proceedings involving a first-in-class antibody immunotherapy product.</li><li>A global pharmaceutical company in district court patent litigation under the Biologics Price Competition and Innovation Act and PTAB proceedings involving a prominent biologic product.</li><li>A global pharmaceutical company in numerous district court litigations under the Hatch-Waxman Act involving a small-molecule product.</li><li>Global pharmaceutical companies in district court litigation involving a blockbuster small-molecule product.</li><li>A global pharmaceutical company in litigation to invalidate an antibody patent under license, securing a highly favorable settlement.</li><li>A biotechnology company in district court litigation and PTAB proceedings regarding microfluidic devices.</li><li>A chemical manufacturer in a trade secret dispute before the International Trade Commission.</li><li>A global pharmaceutical company in a trademark infringement and counterfeiting dispute.</li></ul></div><div style="position: absolute;left: -10000px;top: 0px;width: 1px;height: 1px;overflow-x: hidden;overflow-y: hidden;" id="_mcePaste">Fitz Collings is an IP litigator who puts science first to develop innovative litigation strategies for life sciences and technology companies.Fitz counsels some of the largest pharmaceutical, biotechnology, and technology companies in the world on complex intellectual property matters. His experience over the past decade includes high-profile patent litigation involving immunotherapies for autoimmune diseases and cancer, for which he was recognized by Who’s Who Legal: Life Sciences in 2017 and 2018; trade secret proceedings in district courts and before the International Trade Commission; numerous Hatch-Waxman Act cases in district courts around the country; and representation of life sciences, biotechnology, and technology companies before the Patent and Trademark Appeal Board (PTAB). Fitz also regularly serves as a trusted advisor to emerging companies—for whom IP is often their greatest asset—in structuring their growth and preparing for future litigation.Fitz maintains an active pro bono practice in which he represents clients in Medicaid coverage disputes and immigration matters. His recent pro bono work involved representing some of the most vulnerable members of our communities in partnership with Maryland Disability Law Center, Children’s Law Center, Public Counsel, and Southern Poverty Law Center.Fitz earned his B.A. in biology from Cornell University. He received his J.D. from the College of William & Mary, where he served as the technical editor of the Environmental Law and Policy Review and as president of both the American Constitution Society and the Student Intellectual Property Society. Prior to law school, Fitz worked as a scientific researcher at Brigham and Women’s Hospital and the Cleveland Clinic, and he draws on this experience to provide legal advice grounded in science to all of his clients. </div>

Fitz Collings

Ken has more than 25 years of experience in intellectual property and other complex, high-stakes commercial litigation and trials. His cases have involved a broad range of technology industries, including software, semiconductor, Internet, and medical devices.Ken has successfully brought and defended numerous trade secret cases in state and federal court. He was a member of the team that successfully tried a recent high-profile smartphone case leading to a jury verdict of over $900 million.He also represented the University of California in patent litigation against a leading life sciences company over a pioneering patent involving human growth hormone. The resulting $200 million settlement, reached after a six-week jury trial, remains one of the top-ten settlements in any biotechnology patent case in the United States.Ken also represents public companies and their officers and directors in securities class actions, shareholder derivative suits, internal investigations, and SEC proceedings. He frequently litigates disputes arising out of mergers and acquisitions and other strategic transactions. In addition, he represents privately funded and emerging companies in disputes over corporate governance and breaches of fiduciary duty, as well as in disputes among boards of directors, investors, partners, and founders.A significant part of Ken’s practice involves pre-litigation counseling for companies seeking to avoid litigation and/or to better prepare themselves for litigation that may arise. He has extensive experience in arbitration and mediation proceedings.

Kenneth A. Kuwayti

Bita Rahebi is a nationally recognized trial lawyer sought after by the world’s most innovative technology companies to lead bet-the-company intellectual property disputes, including complex patent litigation. She is a member of the firm’s Semiconductor Industry Group and previously co-led the firm’s global IP Litigation Group and cross-disciplinary Intellectual Property Group.Bita is trusted for her ability to simplify complex technologies for judges and juries, a skill sharpened over 25 years of litigating patent, trade secret, copyright, and complex commercial disputes. She leads matters before federal and state trial courts, the Federal Circuit, and the U.S. International Trade Commission (ITC) across a wide range of technologies including semiconductors, software, consumer electronics, medical devices, and standard essential patents (SEPs). Her victories include complete wins as lead trial lawyer, the invalidation of multiple patents, and successful results for plaintiffs in high-stakes matters. Earlier in her career, Bita prosecuted cases at the Los Angeles City Attorney’s Office, securing guilty verdicts in every criminal jury trial she handled.Bita is a recognized leader in intellectual property litigation. Chambers USA highlights her work in technology-sector disputes, with clients describing her as “razor-sharp,” “client-focused,” and a litigator who “excels at trial and litigation strategy.” She has been named a Forbes Top 250 Lawyer, repeatedly recognized by the Daily Journal as a Top Intellectual Property Lawyer, honored as a Women Leader in Tech Law by The Recorder, and listed multiple times on IAM’s Strategy 300 and Patent 1000.Beyond her litigation practice, Bita advises technology clients on strategic transactional matters, including patent licensing and negotiations. She has also played an active role in the broader legal community. Bita is the past president of the Los Angeles Intellectual Property Law Association, and she co-founded the organization’s Women in IP committee. She also served as a Ninth Circuit Judicial Conference Lawyer Representative. Bita serves as an editorial board member of The Intellectual Property Strategist.Bita earned her B.A. from the University of California, Berkeley, where she served as president and editor-in-chief of the Daily Californian. She received her J.D. from the University of California, Los Angeles, where she was an editor of the UCLA Law Review.<h4>Representative Experience:</h4><ul><li>Nevro Corp. v. Stimwave Technologies Inc. (District of Delaware). Represented Nevro Corp., a public global medical device company, in its patent battle against competitor Stimwave Technologies, Inc. Secured a preliminary injunction for Nevro, after an all-day evidentiary hearing. The case subsequently settled after Stimwave stipulated to a permanent injunction agreeing not to infringe the patents.</li><li>Analog Devices v. Xilinx Inc. (District of Delaware). Represented Xilinx in a 16-patent case, including a counterclaim by Xilinx against ADI.</li><li>Lamar v. Beats, Dr. Dre, and Jimmy Iovine (LA Superior Court). Represented Defendants in a breach of written royalty agreement involving the design of Beats headphones.</li><li>Farstone Technology, Inc. v. Apple Inc. (Central District of California). Represented Apple in a patent infringement suit against Farstone Technology Inc. Secured a victory for Apple and invalidated the asserted patent on Williamson grounds. The decision was affirmed by the Federal Circuit.</li><li>AirWatch, LLC v. Good Technology Corp. (Northern District of Georgia; District of Delaware). Represented AirWatch in patent infringement actions against Good and also defended AirWatch in a patent infringement action in D. Delaware.</li><li>Digital Empire v. Compal Electronics (Southern District of California). Lead counsel defending original design manufacturer and three of its subsidiaries in patent infringement action; successfully obtained order for fees and costs under 35 U.S.C. § 285 (exceptional case).</li><li>eTool Development, Inc. v. National Semiconductor Corporation (Eastern District of Texas). Represented Texas Instruments (formerly National Semiconductor) in a patent infringement lawsuit involving online configuration software. Prevailed on summary judgment on two separate non-infringement grounds. Successfully defeated motion for reconsideration.</li><li>Cypress Semiconductor v. Altera Corporation (Santa Clara Superior Court). Represented Altera Corporation in trade secrets litigation brought by Cypress Semiconductor concerning programmable logic devices. A favorable settlement was reached prior to trial.</li></ul>

Bita Rahebi

Vice Chair

Eric Akira Tate co-chairs the firm’s Global Employment and Labor Group. He represents technology and other companies in bet-the-company trade secrets and employee mobility cases. Eric also represents boards of directors and companies in #MeToo and other sensitive internal investigations and disputes with executives, whistleblower, wrongful termination, discrimination and harassment, and other employment litigation.Eric also advises companies in employment law compliance and transactional matters, including restrictive covenants and other personnel policies and procedures, and employment aspects of mergers and acquisitions throughout the United States and globally.Eric’s recent board of directors and executive dispute matters include: defending a publicly traded UK company in the defense of a wrongful termination suit by the former CEO of its U.S. subsidiary; representing a TSX-traded Canadian company in wrongful termination and other claims alleged by two terminated C-suite executives; represented a publicly traded Japanese investment firm in separation of a C-suite executive; represented a publicly traded Japanese healthcare company in the separation of the CEO and 20+ other U.S. executives, including defense of several wrongful termination and discrimination claims; and represented a publicly traded Fortune 200 technology company in investigation of discrimination and harassment claims against a C-suite executive, who subsequently resigned without incident. Regarding trade secrets and employee mobility issues, Eric represented Uber in its diligence investigation as part of its acquisition of Ottomotto, the autonomous vehicle startup founded by former Google engineers. He then helped lead Uber’s defense of the subsequent patent infringement and trade secrets misappropriation suit, which settled several days into trial in February 2018. In addition to technology companies, Eric has handled similar matters for companies across many industries, including, but not limited to, Williams Sonoma v. Restoration Hardware, International Lease Finance Co. v. Air Lease Corporation, Melaleuca, Inc. v. Shaklee Corporation, and New Century Mortgage v. Encore Credit.Most recently, Eric was recognized by Chambers USA for Labor & Employment, again by Best Lawyers as a leading lawyer in employment law, again by the Daily Journal as one of California’s Top Labor and Employment Lawyers and Top Trade Secrets Lawyers, again by Benchmark Litigation as a Labor and Employment Star, and again named to Law360’s 2023 EA Discrimination Editorial Advisory Board. Eric was elected as a Fellow of the College of Labor and Employment Lawyers in 2021.Eric is committed to advancing diversity, equity, and inclusion at the firm and development of the legal profession generally. Eric has served on the firm’s Diversity Strategy Committee since its inception and is a past co-chair. Eric is a former hiring partner for the Palo Alto office and past member of the firmwide Pro Bono and Litigation Evaluations Committees. Eric serves on the Points Committee for the firm. Eric serves as a partner sponsor for multiple affinity groups at the firm and as a formal and informal mentor to associates around the firm. Eric is a leader in the American Bar Association’s (ABA’s) Labor and Employment (LEL) Section and LEL’s Employment Rights and Responsibilities (ERR) Committee. Eric is serving his second term on the governing Council (Board of Directors) for the LEL Section. Eric serves as co-chair of ERR’s Covenants Not to Compete and Trade Secrets Subcommittee. Eric is a past co-chair of the ABA LEL Annual Meeting Committee, the LEL Section Annual CLE Conference, and ERR’s Alternative Dispute Resolution, Employment At-Will and Collateral Torts, and Worker Dislocation Subcommittees. He also has served on the Planning Committee for the National Employment Law Council’s Annual Conference.For nearly 15 years, Eric has served as a mediator for the Northern District of California’s Alternative Dispute Resolution Program, handling employment discrimination and harassment, wrongful termination, trade secrets and employee mobility, and other employment-related and disability matters.Additionally, Eric is a thought leader in various employment law areas and recognized authority in trade secrets and employee mobility. He serves on the Board of Review for leading BNA treatises Trade Secrets: A State-by-State Survey; Covenants Not to Compete; Employee Duty of Loyalty; and Tortious Interference in the Employment Context. He is author of “Protecting Investment in IP and People” in Today’s General Counsel; “SCOTUS Poised to Resolve Circuit Split on SOX Federal Whistleblower Standard and Other Statutes” in the Daily Journal; “Workplace Bias and Gender Pay Equity in the Silicon Valley” in LJN Employment Law Strategist; “Trade Secrets and the Activision Case: Lessons for Employers and Employees” in the IP Litigator; “Protect Your Investments: Recent Developments in California Law Regarding Non-competition Agreements and Other Restrictive Covenants” in NVCA Today; “Microinequities: Can Bad Behavior Be Actionable?” in National Law Journal; “The When, Who and How of Workplace Investigations” in The Practical Litigator; and “California Raises Bar for Employers Again: Gender Pay Bias Claims Set to Take Off with New Gender Pay Equity and Anti‑Discrimination Law” in Bloomberg BNA Daily Labor Report.Eric is active in community endeavors. He founded and is a former president of the Board of Directors of Hapa Issues Forum, Inc., a nonprofit community organization that addresses issues relating to persons of partial Asian descent. Eric is a past president of the Board of Directors of the Japanese Cultural and Community Center of Northern California. He also is a member of the INROADS Alumni Association, The National Black Lawyers Top 100, the 100 Black Men of the Bay Area, Inc., and he has served as a mentor for students in the Level Playing Field Institute’s IDEAL Scholars Program.A representative sampling of Eric’s key matters is further below.<h4 dir="ltr">Trade Secrets and Employee Mobility Litigation</h4><ul dir="ltr"><li>Defending leading multi-cloud security and application management company in federal court lawsuit by competitor alleging trade secrets misappropriation, various employment-related contract and tort claims, and copyright and trademark violations based on alleged conduct in Russia and California.</li><li>Represented industry-leading enterprise data cloud company in multiple trade secrets and employee mobility lawsuits against former employees and competitor, including obtaining TRO on behalf of client enforcing restrictive covenants against Georgia employee and successfully opposing motions to dismiss and motions to stay in various actions.</li><li>Represented leading shared electric vehicle company in federal court lawsuit alleging against its former head of supply engineering and his new employer trade secrets misappropriation and related claims involving the downloading of thousands of our client’s files upon resignation.</li><li>Represented Springshot in federal court lawsuit to invalidate non-competition agreement that the former employer, Georgia-based INFORM Software, of its newly hired Chief Commercial Officer, sought to enforce to bar the CCO from working for Springshot. </li><li>Represented veterinary orthopedics client in federal court lawsuit against the founder of an acquired company over the enforcement of restrictive covenants, resulting in entry of a permanent injunction enforcing our client’s non-compete agreement against the founder.</li><li>Represented leading cloud computing and virtualization technology company in breach of duty and breach of contract lawsuit against departed executive.</li><li>Represented Fortune 50 corporation in trade secret and employee- and customer-raiding lawsuit against former co-founder and top executives who launched a competing business that achieved a nearly $1 billion IPO.</li><li>Represented international virtualization software company in trade secret misappropriation and employee- and customer-raiding lawsuit against several former executives.</li><li>Represented North American provider of IT solutions and services in series of lawsuits across the United States to combat alleged employee- and customer-raiding activities by competitor.</li><li>Defended investment bank in lawsuit involving enforceability of departing executive’s post-termination non‑competition agreement.</li><li>Represented pharmaceutical company in trade secret misappropriation lawsuit against former finance employee.</li><li>Represented international video game maker in trade secret misappropriation lawsuits against former executives and new competing business.</li><li>Defended national mortgage company in trade secret misappropriation and employee- and customer-raiding lawsuit filed by competitor.</li><li dir="ltr">Defended North American home furnishings retail chain in trade secret misappropriation and employee‑raiding lawsuit filed by competitor.</li></ul><h4 dir="ltr">Board of Directors, Investigations, and Whistleblower and other Employment Dispute Matters</h4><ul><li>Represented board of directors of NASDAQ-traded technology company in negotiation of CEO employment agreement.</li><li>Represented board of directors of publicly traded energy company in negotiation of separation agreement with CEO in context of proxy fight with activist investor.</li><li>Represented Fortune 500 semiconductor company in negotiation of separation agreement of incumbent CEO and employment agreement with new CEO.</li><li>Represented Japanese exchange listed healthcare company in the separation of its CEO and 20+ other U.S. executives, including defense of several wrongful termination and discrimination claims.</li><li>Represented Japanese exchange listed investment firm in separation of a C-suite executive.</li><li>Representing Canadian exchange listed company in wrongful termination and other claims alleged by two terminated C-suite executives.</li><li>Defending U.K. exchange listed company in the defense of federal court wrongful termination suit filed by the former CEO of its U.S. subsidiary.</li><li>Represented publicly traded Fortune 200 technology company in investigation of discrimination and harassment claims against C-suite executive, who subsequently resigned without incident.</li><li>Obtained complete defense award on behalf of technology company in suit filed by former co-founder alleging that the company failed to repurchase upon termination restricted stock valued at more than $5 million.</li><li>Defended pre-IPO biotech company in wrongful termination suit by former co-founder and CEO terminated by board of directors.</li><li>Advised board of directors of leading IT infrastructure company in termination of CEO and CFO of U.S. subsidiary after misconduct investigation and represented board of directors in follow-on wrongful termination claims by CEO and CFO.</li><li>Investigated claims by in-house lawyer that public technology company executives engaged in sexual harassment and national origin discrimination and represented company in successful pre-litigation resolution of claims.</li><li>Investigated and advised board of directors of pre-IPO biotech company on #MeToo allegations regarding top executives.</li><li>Represented publicly traded pharmaceutical industry company in investigation and resolution of whistleblower claims by CFO.</li><li>Obtained complete dismissal in favor of publicly traded gig economy company of discrimination and wrongful termination claims by alleged whistleblower engineer.</li><li>Obtained complete walkaway voluntary dismissal of sexual harassment and discrimination claims by former accounting employee against venture capital and property management company after years of litigation.</li><li>Represented publicly traded technology company in investigation and resolution of alleged revenue and expense reimbursement irregularities involving top sales executive.</li><li>Defended venture capital fund in pregnancy discrimination and restrictive covenant lawsuit by former partner.</li><li>Defended leading corporate social responsibility company in whistleblower and employment discrimination suit filed by former finance executive.</li><li>Defended international laser and fiber-optics company in suit alleging fraud regarding stock options.</li><li>Defended international video game maker in whistleblower and employment discrimination suit filed by former executive.</li><li>Represented top human resources executive officer in discrimination and retaliation lawsuit premised on alleged toxic workplace culture.</li></ul><h4 dir="ltr">Representative Non-Litigation and Transactional Matters</h4><ul><li>Represented founder of private technology company in negotiation of employment agreement with board of directors.</li><li>Represented CEO in negotiation of executive employment agreement with publicly traded biotech company.</li><li>Represented former Managing Partner in separation from iconic Silicon Valley venture capital firm.</li><li>Represented pre-IPO company CEO/Founder in investigation and defense of potential securities fraud claims.</li><li>Represented minority-shareholder executives in negotiation of employment agreements with foreign buyer of company.</li><li>Revised nationwide restrictive covenant agreements for publicly traded technology company.</li><li>Advised leading venture capital fund on restrictive covenants strategy for fund managers.</li><li>Advised leading technology investment fund in worldwide reduction in force.</li><li>Advised leading digital operations management company in worldwide reduction in force.</li><li>Represented clients in employment aspects of buy-side and sell-side M&A transactions across the world with deal sizes ranging from several billion to millions of dollars.</li></ul><h4 dir="ltr">Wage-and-Hour Class and Representative Actions</h4><ul><li>Defended construction company in purported class action for failure to comply with California wage laws.</li><li>Defended international technology company in collective action alleging failure to accurately pay wages to technicians across the United States.</li><li>Defended national restaurant chain in class action regarding alleged failure to comply with California uniform and other wage laws for 10,000 employees.</li><li>Defended international engineering and construction company in class action regarding alleged failure to comply with California overtime laws.</li><li>Defended landscaping company in class action regarding alleged failure to comply with California meal- and rest-period laws.</li><li>Defended individual directors of bankrupt technology company in suit by former employees for unpaid wages.</li></ul>

Eric Tate

Co-Chair, Global Employment and Labor Practice

Cooper Spinelli is a member of the Litigation Department and part of the firm’s Employment & Labor Group. His practice focuses on trade secrets and restrictive covenants, employee mobility and executive disputes, whistleblower claims, and general business litigation.Cooper has represented clients in both affirmative and defensive trade secret misappropriation and employee mobility cases, including cases involving related IP issues. Cooper has, for example, represented a Fortune 50 company in prosecuting an employee-raiding and computer-fraud case against former high-level executives and managers, resulting in a favorable settlement. Cooper also defended a North American provider of IT solutions and services in a series of putative trade secret and employee mobility cases, helping oversee defensive and affirmative litigation across multiple state and federal jurisdictions. And on behalf of a leading multi-cloud security and application management company, Cooper is defending and has helped secure an initial dismissal of a 12-defendant, 26-cause-of-action case in federal court concerning claims of copyright infringement, fraud, and tortious interference based on alleged conduct in Russia and California.In addition, Cooper has represented companies in highly sensitive matters involving involuntary and negotiated departures of chief executive and other senior officers.Cooper also regularly advises innovative startup companies on a range of employment matters, including restrictive covenant and employee mobility issues, at various stages of their lifecycle.Cooper has also contributed to papers and leading treatises addressing trade secrets, employee mobility, and other related issues, including chapters for leading BNA treatises Trade Secrets: A State-by-State Survey, Covenants Not to Compete, Employee Duty of Loyalty, and Tortious Interference in the Employment Context.Before joining the firm, Cooper was an employment and litigation associate at an AmLaw 100 law firm. Before that, he clerked for the Hon. Steven B. Berlin at the Department of Labor, Office of Administrative Law Judges in San Francisco.Cooper received his J.D. magna cum laude from American University Washington College of Law, where he was elected to the Order of the Coif. During law school, Cooper was a senior editor on the executive board for the Administrative Law Review, the official law journal of the American Bar Association Section of Administrative Law & Regulatory Practice.Cooper received a B.A. with distinction from the University of California, Berkeley.

Cooper Spinelli

Chair of the firm’s Securities Litigation Group, Ryan Keats represents companies and their officers and directors in securities class actions, SEC investigations, shareholder derivative lawsuits, and other high-stakes litigation.Ryan represents issuers facing disputes with their shareholders in state and federal courts across the country. His representations routinely include securities class actions, derivative lawsuits, securities fraud allegations, insider trading claims, and shareholder books and records demands. Ryan’s practice is complemented by his representation of issuers and executives in connection with internal investigations and government inquiries, as well as in litigation brought by the Securities and Exchange Commission (SEC) and other government regulators. Ryan is sought after for his ability to prevail on motions to dismiss, at summary judgment, on the merits, and on appeal.Ryan draws on his litigation experience to advise companies and their executives regarding anticipated adverse disclosures so that they can mitigate the risks before disputes arise. His clients come from a broad range of industries, including computer software, consumer products, energy, financial services, life sciences, and manufacturing.Ryan is a fellow of the American Bar Foundation. He is the current Vice Chair of the Litigation Section Executive Committee of the Bar Association of San Francisco. Ryan is also a member of the Development Committee of the Bay Area Discovery Museum.<h4>Representative Experience</h4><h5>Securities Class Actions</h5><ul><li>Cloudera and certain of its officers and directors in securities class actions in California federal and state court. Won motion to dismiss in federal court, which was upheld on appeal. Won motion for summary judgment as to all claims in state court.</li><li>Former CFO in a securities class action and SEC lawsuit arising out of accounting restatement.</li><li>LeapFrog in a securities class action relating to a product launch and accounting disclosures.</li><li>RH and certain of its executives in a securities class action relating to the launch of a new product line and its inventory levels.</li></ul><h5>Shareholder Derivative Actions</h5><ul><li>Fitbit and certain of its directors and officers in connection with a shareholder derivative suit in the Delaware Court of Chancery. Following a successful bifurcation motion prioritizing discovery into plaintiffs’ standing, negotiated a settlement on favorable terms.</li><li>Hortonworks and certain of its directors and officers in connection with a shareholder derivative suit in the Delaware Court of Chancery. Won motion to dismiss with prejudice.</li><li>Zynga and certain of its directors and officers in connection with a shareholder derivative suit on appeal to the Delaware Supreme Court.</li></ul><h5>Deal Litigation</h5><ul><li>SoftBank Group Corp. in lawsuits brought by WeWork co-founder Adam Neumann and a special committee of WeWork’s board of directors seeking $3 billion in damages. Plaintiffs alleged that SoftBank improperly failed to close a tender offer for WeWork shares and alleged that SoftBank breached fiduciary duties owed to other WeWork stockholders. The novel, high-profile case was litigated on a compressed schedule, with trial set less than a year after the complaint was filed. The parties settled two weeks before trial, and the settlement helped pave the way for WeWork’s go-public transaction through a SPAC merger.</li><li>Leading financial institution in successfully defending against breach of contract claims arising from a spinout transaction. Secured a complete defense victory following a two-week arbitration hearing.</li></ul><h5>Government Investigations</h5><ul><li>Chief Financial Officer in connection with SEC investigation concerning IPO projections. The SEC did not charge our client.</li><li>Telecommunications company in anti-bribery investigations involving the company’s activities in Europe and the Middle East. The SEC and Department of Justice (DOJ) did not charge the client.</li></ul>

MCLE Workshops 2023

19 Jan 2023