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Investigating and Litigating ESI Spoliation Claims in Trade Secrets Cases


Speaker(s): Dana J. Finberg, J. Christopher Racich, Victoria A. Cundiff
Recorded on: Jan. 12, 2021
PLI Program #: 314634

J. Christopher Racich, Esq. is President and founder of Vestigant™.  Mr. Racich has been a leader in the fields of Computer Forensics and Electronic Discovery since 1997.  Mr. Racich has conducted thousands of Computer Forensics investigations, and has been qualified to testify in Federal and State Courts and before arbitration bodies.  Mr. Racich is a Certified Computer Examiner (CCE) through The International Society of Forensic Computer Examiners and is a recipient of the High Technology Crime Investigation Association (HTCIA) case of the year award for 2016. Mr. Racich leads Vestigant™ and oversees the cases that Vestigant™ undertakes.


Victoria Cundiff is a partner at Paul Hastings resident in New York, where she is a leader of the Firm’s nationally ranked global trade secrets litigation practice.  She works with clients in industries including technology, software, media, financial services, insurance, pharmaceuticals, chemicals and sales and distribution organizations. She has tried trade secrets and related commercial and intellectual property disputes throughout the United States and before a variety of arbitration and mediation tribunals.  As important is her work to help organizations avoid litigation.  She has designed confidential verification protocols for resolving intellectual property use and ownership disputes in and outside court. 

Ms. Cundiff is a Visiting Lecturer in Law at Yale Law School, where she teaches intellectual property law and at the University of Pennsylvania Law School, where she teaches trade secrets law.  She is listed in The Best Lawyers in America; Chambers; Legal 500 (which has named her a “Leading Lawyer” nationally in Trade Secrets Litigation); and New York Super Lawyers, among other directories. She is the Vice Chair of the IPO’s Committee on Trade Secrets.


Dana serves as trial counsel in patent, trade secret, trademark, trade dress, and copyright litigation throughout the United States, with particular experience litigating intellectual property matters in the United States District Court for the Eastern District of Virginia. In patent litigation, he has represented both branded and generic pharmaceutical companies, computer hardware and software manufacturers and developers, and biotechnology companies. 

Dana’s practice also encompasses a wide variety of complex civil litigation matters, including Voting Rights Act litigation, breach of contract and business tort cases, class action defense (including in website accessibility cases under the ADA), and the representation of financial services clients in government investigations and complex litigation matters involving federal and state consumer financial statutes and regulations.