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Litigating Civil and Criminal Trade Secret Cases: Trends, Best Practices, and Lessons Learned


Speaker(s): Janice W. Reicher, Jeffrey M. Fisher
Recorded on: Feb. 13, 2020
PLI Program #: 287019

Janice Reicher brings a unique combination of skill, creativity, and courageous advocacy to her practice, which she divides between white collar criminal matters and complex business litigation. Emotional intelligence and sound judgment are a key part of Janice’s toolkit, allowing her to gain the trust of her clients while effectively pursuing their objectives. 

Janice routinely represents individuals and entities in federal and state court, in both criminal matters and parallel civil matters. The individuals she advises are typically high-level corporate executives who require counsel and support as they navigate through litigation or investigation process, a process that may present material risks to their careers, reputations, and liberty. She has particularly extensive experience defending individuals accused of criminal trade secret theft. She has also represented individuals in internal and government investigations in areas such as antitrust and securities, and has represented foreign nationals in Japan and Taiwan.

In her business litigation practice, Janice’s experience ranges from cases involving complex contractual disputes to matters alleging fraud, unfair competition, and breach of fiduciary duty. Janice has handled all aspects of a case from initial filing to resolution, including managing discovery, taking depositions, working closely with experts, drafting and arguing motions, and developing case strategy. 

Janice maintains an active pro bono practice, most recently winning asylum for two young women fleeing persecution in El Salvador. She served as an extern for The Honorable William Alsup of the U.S. District Court for the Northern District of California.


Jeffrey M. Fisher has a diverse practice involving a variety of high stakes intellectual property and technology disputes, including patent, trade secret, copyright and trademark infringement, as well as antitrust and unfair competition cases. He serves as chair of Farella’s Intellectual Property Litigation Department.

Mr. Fisher has been active in all phases of litigation, in both federal and state courts and at both the trial and appellate levels. He has specific experience with semiconductor and chip packaging technologies; computer hardware, software and networking technologies; DNA, life sciences, medical devices and biopharmaceutical technologies; solar technology; internet and encryption technologies; digital data compression technology; and data centers. He also represents clients in connection with parallel Patent Trial and Appeal Board (PTAB) proceedings.

Mr. Fisher is a former president of the Ninth Judicial Circuit Historical Society (2008-2012) and served as chair of the Intellectual Property Section of the Bar Association of San Francisco (2009-2010). He is serving as co-chair of the Northwestern University Leadership Circle of the SF Bay Area and as a board member for ConnectEd - the California Center for College and Career. He has served as a member of Farella’s Advisory Board. Mr. Fisher managed a congressional campaign in California's 38th Congressional District during the 1996 election cycle.

Mr. Fisher was selected for inclusion in The Best Lawyers in America in the area of Litigation- Patent (2019). He is listed among Managing Intellectual Property’s IP Stars (2013-2018) in the areas of Patent Litigation and Trademark. He has been recognized among California’s “Top 75 IP Litigators” for 2012 by the Daily Journal, and among the Northern California Super Lawyers (2011-2018).

Affiliations

  • Member, Board of Directors, Legal Aid of Marin
  • Co-chair, Northwestern University Leadership Circle of the SF Bay Area
  • Board member, ConnectED: The National Center for College & Career 
  • President, Ninth Judicial Circuit Historical Society (2008-2012)
  • Chair, Intellectual Property Section, Bar Association of San Francisco (2009 - 2010)
  • American Intellectual Property Law Association (AIPLA)
  • Association of Business Trial Lawyers (ABTL)
  • International Trademark Association (INTA)
  • San Francisco Bay Area Intellectual Property American Inn of Court