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Ethical Issues In Trade Secrets Counseling and Litigation

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It's that time of year again! California Bar members in Group 1. whose last names fall into the A-G range, must fulfill their MCLE requirements by January 31, 2022, and report by February 1, 2022. 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.



It's that time of year again! California Bar members in Group 1, whose last names fall into the A-G range, must fulfill their MCLE requirements by January 31, 2022, and report by February 1, 2022. 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, one hour on elimination of bias, and two hours on legal ethics. For each webinar you would like to attend, please RSVP by clicking the program title below.<a target="_blank" href="https://www.veracast.com/webcasts/mofo/mcle_programs/6SM0g1.cfm">Ethical Issues In Trade Secrets Counseling and Litigation</a> - 1:00 to 2:00 p.m. PST<ul><li>Richard S.J. Hung - Partner, Morrison & Foerster</li><li>Bita Rahebi - Partner, Morrison & Foerster</li><li>Bryan Wilson - Partner, Morrison & Foerster</li><li>Fitz Collings - Associate, Morrison & Foerster</li></ul><hr>

Ethical Issues In Trade Secrets Counseling and Litigation

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Rich is the Global Co-Chair of Morrison Foerster’s Litigation Department. He previously co-led the firm’s IP Litigation Group and the cross–disciplinary Intellectual Property Group for over a decade. He brings his knowledge as a registered patent lawyer and a Federal Circuit clerk to lead complex technology matters for clients in state and federal trial and appellate courts. He has represented plaintiffs and defendants in high–stakes patent litigation, competitor‑on–competitor cases, non–practicing entity assertions, and trade secret misappropriation disputes—obtaining consent judgments in multiple cases. Rich also represents clients in adversarial proceedings before the U.S. PTO and counsels clients on strategic offensive and defensive patent licensing and acquisition issues. His matters have spanned a broad range of technologies, including:<ul><li>Internet search</li><li>Cryptography</li><li>Programmable logic devices</li><li>Graphical user interfaces</li><li>Smartphones</li><li>Water filtration consumer appliances</li></ul>Rich earned dual bachelor’s degrees in electrical engineering and economics from Stanford University and his law degree from Columbia Law School. In law school, he externed for the Honorable Sonia Sotomayor, then with the Southern District of New York. He was also a James Kent Scholar, a moot court editor and judge, and a recipient of the Carroll G. Harper Prize for excellence in intellectual property. After law school, Rich clerked for the Honorable Paul Michel of the U.S. Court of Appeals for the Federal Circuit.In 2014, Rich was appointed by then San Francisco Mayor Edwin Lee to serve as a Neutral Commissioner on the San Francisco Rent Stabilization and Arbitration Board. He served two terms as President and remains on the board of directors of the Asian Law Alliance, a non-profit organization that provides pro bono legal assistance to the Asian/Pacific Islander community in the Silicon Valley. Rich is a Fellow of the American Bar Foundation.Rich previously tried multiple criminal cases—all to favorable verdicts—with the San Francisco District Attorney’s Office.

Richard Hung

Partner

Bita Rahebi serves as co-chair of Morrison Foerster’s global IP Litigation Group and cross-disciplinary Intellectual Property Group and is a co-leader of its Semiconductor Industry Group. The world’s largest and most innovative technology companies turn to Bita for her trial skills and her strategic direction leading complex, high-stakes litigation matters. She litigates before state and federal trial courts, the Federal Circuit, and the International Trade Commission on a wide range of matters involving semiconductors, software, consumer electronics, medical devices and standard essential patents (SEPs).As a trial lawyer, Bita is known for zealously representing her clients’ interests. She brings an ability to explain complicated issues to juries and judges, a skill honed through years of experience working with cutting-edge technologies. She has obtained a complete defense victory as lead trial lawyer, invalidated numerous patents, and also obtained winning results for plaintiffs.Bita’s successes have built her reputation as a recognized leader for intellectual property litigation. Chambers USA noted that Bita “offers substantial expertise handling patent disputes for technology-sector clients,” and clients have called her a “razor-sharp” lawyer who “excels at trial and litigation strategy” and is “client focused.” Bita’s accolades include:<ul><li>Named a Top Intellectual Property Lawyer by Daily Journal for multiple years</li><li>Selected as the 2022 Patent Lawyer of the Year by Euromoney Legal Media in its annual Americas Women in Business Law Awards</li><li>Recognized for Intellectual Property: Patent Litigation, California in the 2022 and 2023 Chambers USA guides</li><li>Recommended in the 2022 and 2023 Legal 500 US rankings for Intellectual Property: Patent Litigation and in 2023 for Trade Secrets (Litigation and Non-Contentious) </li><li>Named one of the Top Women Lawyers in Southern California by Los Angeles Magazine</li></ul>Bita’s litigation practice includes patent, trade secrets, and copyright litigation. In addition to her litigation practice, Bita advises clients on strategic transactional issues and negotiates on behalf of clients in patent licensing discussions. Bita has also successfully tried criminal jury matters at the Los Angeles City Attorney’s Office, securing a guilty verdict for every trial.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 is a board member for ALM’s Intellectual Property Strategist.Earning her B.A. from the University of California, Berkeley, 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.

Bita Rahebi

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 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.<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>

Ethical Issues In Trade Secrets Counseling and Litigation

19 Jan 2022 1:00 PM - 2:00 PM PST