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Trade Secrets 2013: What Every IP Attorney Should Know


Speaker(s): Allen J. Ruby, Bernard C. Shek, Christopher P. Gerardi, Daniel Cooper, Daniel L. Jackson, David E. Garrett, David Klausner, Hon. Faith S. Hochberg, Hon. James P. Kleinberg (Ret.), Hon. James Ware (Ret.), Kathryn Rorem Coburn, Laura Wen-yu Young, P. Anthony Sammi, Prof. Sharon K. Sandeen, Stephen F. Lapham, Victoria A. Cundiff
Recorded on: Feb. 12, 2013
PLI Program #: 44531

Bernard Shek is Senior Director, Litigation, at SanDisk Corporation, a global leader in flash memory storage solutions. Bernard manages the company's Litigation Group, which oversees all litigation matters worldwide.  Prior to joining SanDisk, Bernard practiced IP and complex commercial litigation at leading law firms, including Skadden, Arps, Slate, Meagher & Flom, where he tried numerous patent infringement cases and high-stakes commercial litigation matters. Bernard received his J.D. from the University of California - Hastings College of the Law and his B.A. from the University of California - Berkeley.


David E. Garrett is Managing Director and head of Stroz Friedberg's San Francisco office. He actively manages digital forensics, cybercrime response, and electronic discovery projects for major law firms and Fortune 500 corporations. Mr. Garrett has extensive electronic discovery experience and regularly consults with top executives, in-house counsel, and outside counsel on electronic discovery cost reduction strategies and legally defensible approaches to the preservation, collection, and production of electronic evidence.

Since joining Stroz Friedberg in late 2008, Mr. Garrett has managed more than 100 engagements, including large-scale, international electronic discovery matters, investigations into data breaches, and investigations into alleged theft of trade secrets or other highly sensitive intellectual property. His work in these matters is often indispensable for clients who are struggling with electronic discovery obligations, seeking or defending temporary restraining orders, and filing expert witness declarations in support of dispositive motions. Companies routinely hire Mr. Garrett to recover or remediate confidential data from all varieties of computer media, including proprietary databases and mobile devices.

Prior to joining Stroz Friedberg, Mr. Garrett served as Senior Corporate Counsel for Oracle Corporation, where he successfully resolved hundreds of commercial and intellectual property matters, including copyright infringement claims, licensing disputes, and government investigations. Mr. Garrett advised Oracle's senior management on long-term litigation and settlement strategies for several large matters, including the defense of a $100 million copyright infringement claim. He also spearheaded Oracle's global electronic discovery initiative, where he led legal and IT teams across multiple business units, evaluated new technologies to increase efficiencies and lower costs, and created extensive internal electronic discovery guidelines and protocols.

Before joining Oracle, Mr. Garrett was a senior associate at Cooley LLP in San Francisco. At Cooley, he handled numerous complex civil litigation matters, including the successful defense of a large software company and an online retailer against trademark infringement claims and an action to identify and prosecute a computer hacker who attacked an e-commerce business.

Mr. Garrett is a member of the Sedona Conference Working Group 1 on electronic discovery, Working Group 6 on international electronic information management, and the ABA's Section of Science and Technology Law. He speaks regularly at educational events and legal conferences on various data security, data privacy, and electronic discovery topics. He is the author of several articles, including "No Good Deed Goes Unpunished: The Unintended Consequences of Using Your Personal Devices for Work" which appeared in  Bloomberg BNA's Digital Discovery & e-Evidence in September 2012.

Mr. Garrett received his B.A. from the University of California, Berkeley, and his J.D., cum laude, from Santa Clara University, School of Law. He also served as a judicial law clerk to the Honorable John F. Herlihy, Superior Court of California, County of Santa Clara.


David Klausner has over 45 years of software/hardware development and consulting experience in the computer and software industry. Mr. Klausner's experience includes software development of commercial products for large and small companies, and consulting and expert testimony experience in all aspects of the computer field. Mr. Klausner has been employed as an engineer, developer, supervisor, project manager, department manager, middle manager and company executive, as well as in forensic investigation and reverse engineering. He has been employed in various capacities for many companies, such as Microsoft, IBM, Hewlett Packard, Intel, as well as for dozens of major law firms.

David Klausner holds a Bachelors of Arts degree in Mathematics, and a Master of Science degree in Electrical Engineering. He has taught programming, public speaking, and also has guest lectured at Stanford University.

Mr. Klausner has been accepted to testify in many Federal and State courts as an expert in computer software and hardware. He has recently testified as a technical expert for the Plaintiff in Aspentech v. M3 Technologies where the jury awarded over $7 million and found non-literal copyright infringement, and for the Plaintiff in remanded Uniloc v. Microsoft where the jury had originally awarded $388 million and found willfulness, and for the Plaintiff in CIAC v. Yahoo where the jury awarded $6.6 million and found willfulness. Mr. Klausner's testimony has been cited and affirmed by the Court of Appeals for the Federal Circuit in Uniloc v. Microsoft, No. 2010-1035; Orion v. Hyundai, No. 2009-1130; in Symantec v. Computer Associates, No. 2007-1201, -1239 (anti-virus software); and in Metlife v. Bancorp No. 2007-1312.


Kathryn Coburn is a healthcare attorney with Cooke, Kobrick & Wu LLP in Los Altos, California. Kathryn is focused on healthcare information technology transactions, security and privacy issues and intellectual property. She assists clients in negotiating strategic alliances and drafting contracts for the acquisition, licensing, marketing, transfer and distribution of information technology for Accountable Care Organizations and Health Information Exchange.  Kathryn is an e-Health lawyer working on security, privacy and electronic transactions under HIPAA, and the "meaningful use" of data under the HITECH Act. She counsels clients on how to protect their intellectual property assets, mobile device issues, security breaches, electronic health records and Health Information Exchange operations.

Kathryn came to Cooke, Kobrick & Wu from Health Information Technology Law Group, in Los Angeles, California, where she was a founding Partner. Prior to founding Health Information Technology Law Group, Kathryn was Chief Technology Counsel to WellPoint, where she supported an all-payor healthcare clearinghouse and WellPoint's Pharmacy Benefit Management Plan, assisting in the creation of strategic alliances and negotiating agreements for technology licensing, Electronic Data Interchange, software acquisition and software customization and development. Kathryn is past Chair of the Information Security Committee of the Science and Technology Section of the American Bar Association and an Editor of the California Health Law News. She has been a speaker on Secure "Meaningful Use" of Healthcare Information at the RSA conference in San Francisco, CA and is a member of the American Health Lawyers Association.


Sharon K. Sandeen is a Professor of Law at Hamline University School of Law in St. Paul, Minnesota, where she teaches a variety of intellectual property law courses. Prior to beginning her teaching career, she practiced law for fifteen years in Sacramento, California specializing in intellectual property litigation and counseling.

A native of northern California, Professor Sandeen received a Bachelor of Arts degree in Political Science from the University of California, Berkeley, her Juris Doctorate from the University of Pacific, McGeorge School of Law, and an LL.M. from the University of California, Berkeley School of Law (Boalt Hall).

Her research interests and recent scholarship focus on trade secret law, including the history, purpose, and scope of the Uniform Trade Secrets Act and Article 39 of the TRIPS Agreement. Along with her co-author, she is the author of the first casebook on trade secret law to be published in the United States, Cases and Materials on Trade Secret Law (West 2012). Her work (with E. Rowe), Trade Secret Law in a Nutshell, will be published by West in early 2013. 

Professor Sandeen currently serves as the Chair of the IP Committee and Vice-Chair of the Publications Board of the Business Law Section of the American Bar Association. She is a Fellow of the American Bar Foundation and a member of the California Bar.


Allen Ruby is recognized as one of the nation's leading trial attorneys and has extensive experience representing individuals and corporations in complex civil and criminal litigation in state and federal courts. His trial practice includes a wide variety of high-profile, complex commercial and intellectual property cases, as well as white collar criminal matters.

Some of Mr. Ruby's representative matters include:

  • former Major League Baseball star Barry Bonds in his trial for alleged false statements to a grand jury;
  • Brocade Communications Systems Inc. in a $112 million jury verdict in a patent, copyright and trade secrets case;
  • The Oakland A's in a suit concerning the team's planned relocation to San Jose;
  • a major medical device manufacturer with respect to product liability litigation around the United States; and
  • Southwest Airlines in an antitrust case concerning its merger with AirTran.

 Some of his representations prior to joining Skadden include:
  • Facebook, Inc. in an ownership dispute;
  • Hewlett-Packard Co. in its suit against its former CEO Mark Hurd;
  • Bank of America in extended litigation, including a jury trial, over allegations of trade secret misappropriation;
  • hundreds of defrauded investors in Technical Equities Corporation in litigation against financial institutions and other responsible parties;
  • The National Football League in its successful litigation against the Oakland Raiders; and
  • former San Jose Mayor Ron Gonzales who was prosecuted for and exonerated of corruption charges

In addition, Mr. Ruby has represented chief executives and technology companies in landmark Silicon Valley litigation, including cases involving Avant!, SanDisk, Microsoft, Fujitsu and Hynix Semiconductor.

Mr. Ruby consistently has been recognized as a "leading lawyer" in Chambers USA: America's Leading Lawyers for Business, Chambers Global: The World's Leading Lawyers for Business and The Best Lawyers in America. He was named Best Lawyers' "2013 San Francisco Criminal Defense: Non-White-Collar Lawyer of the Year." In 2011, the Daily Journal named him one of the "Top 100" lawyers in California. He is a fellow of the American College of Trial Lawyers.


Christopher P. Gerardi
Senior Managing Director - Forensic and Litigation Consulting

Christopher Gerardi is a senior managing director in the FTI Consulting Forensic and Litigation Consulting practice and is based in New York. He is the co-leader of the FTI Consulting Intellectual Property practice. He has more than 20 years of experience assisting companies and plaintiffs' and defendants' counsel with complex economic, financial, accounting and litigation issues. He focuses on applied economic analysis and damage analyses as they relate to intellectual property, securities, business interruption and commercial litigation matters.

In addition to working on matters before multiple U.S. federal and state courts, Mr. Gerardi has worked on matters before the International Chamber of Commerce, AAA and other international forums. He has testified as an expert witness in commercial dispute matters.

Prior to joining FTI Consulting in November 2003, Mr. Gerardi was a partner (principal) in KPMG’s Forensic Dispute Advisory Services practice, where he served as a member of the National Intellectual Property Leadership Team and was the northeast area leader for the Intellectual Property practice.

Mr. Gerardi has led multiple commercial litigation engagements involving patent infringement, theft of trade secrets (including matters that fall under the U.S. Economic Espionage Act), trademark and copyright infringement, antitrust, breach of contract, business interruption, tortious interference, business valuation and post-acquisition dispute matters.

Mr. Gerardi has conducted numerous complex studies involving lost sales, lost profits, reasonable royalties, royalty audits, incremental revenues and costs, price erosion, manufacturing and marketing capacity, market definition, destruction /diminution of business value, unjust enrichment, out-of-pocket costs, pre-judgment interest and discounted cash flows and valuation of intellectual property.

He has worked with legal counsel, management and licensing professionals in early case assessment, technology valuation, and licensing strategy.

Mr. Gerardi has served clients in a variety of industries, including: banking, securities and financial markets; aerospace and aviation (military and civilian); electronics (military and civilian); computer hardware and software; chemicals and petrochemicals; industrial and building products; medical products and pharmaceuticals; and automotive components.

Mr. Gerardi has an M.S. in banking, finance and money management from the Adelphi University School of Business and a B.A. in economics from Southeastern Massachusetts University. He is a member of the Licensing Executives Society and American Bar Association.

Education

M.S. in Banking, Finance and Money Management, Adelphi University, School of Business

B.A. in Economics, Southeastern Massachusetts University

Certifications

List Credentials (e.g., Certified Public Accountant, Ohio, Indiana and Illinois)

Professional Affiliations

American Bar Association (Associate Member)

Licensing Executives Society


Daniel Cooper, Esq.
President, LitStrat Inc.

Daniel Cooper is the President of LitStrat Inc. LitStrat is a full service litigation consulting firm based in New York City and Miami. We specialize in jury research designed to uncover effective trial strategies often difficult to identify in the most challenging cases.

While at LitStrat, Mr. Cooper has worked on hundreds of jury and bench trials. The cases have generally involved complex civil claims in the areas of intellectual property, antitrust, securities, employment, products liability, professional malpractice, fraud, and commercial contract.

Mr. Cooper is a graduate of Brown University, Harvard University's Graduate School of Education, and Columbia University's School of Law. After law school, he clerked for Judge Jack Weinstein (United States District Court for the Eastern District of New York.) He spent several years in private practice specializing in complex commercial cases before serving as Vice President for Corporate Administration at ICN Pharmaceuticals. In 1996, Mr. Cooper joined Dr. Louis Genevie at LitStrat.

Mr. Cooper’s recent publications include: “Tackling Hindsight Bias in Failure to Warn Cases” (For the Defense, October 2010, co-authored with Loren Brown, Esq. and Christopher Campbell, Esq., awarded DRI’s G. Duffield Smith Outstanding Publication Award for 2010). Other recent publications include:

“TELL IT TO ME LIKE I'M A FOUR YEAR OLD” SIMPLE v. SUPERFICIAL TEACHING TO JURORS
Trial by Jury Course Book (electronic version) (PLI) November 2013
With Samantha Cooper Vogel

THE VALUE TO JURORS OF PRELIMINARY SUBSTANTIVE LEGAL INSTRUCTIONS IN COMPLEX CASES?
Trial by Jury Course Book (electronic version; PLI) November 2013
With Kimberly S. Stern, Ashley Schappell


Daniel L. Jackson, Managing Director

Practice Areas: Damages in Intellectual Property and Commercial Litigation

Mr. Jackson has more than 30 years of experience in litigation services to attorneys. Beginning in the mid-1970’s, he has continuously provided consulting and expert witness services in various litigation matters. Mr. Jackson has a wide range of experience with financial, accounting and economic issues in various types of litigation, including matters dealing with legal and accounting malpractice, breach of contract and fiduciary duty, patent infringement, copy trademark and trade name infringement, fraud and valuations.

Mr. Jackson has extensive experience providing intellectual property analyses of patents, trademarks, trade secrets and copyrights including valuations and expert testimony for clients within a diverse range of industries. His experience includes assisting companies with determining appropriate royalty rates for licensing purposes, providing expert assistance on reasonable royalty rates and lost profits in patent and trademark infringement cases. He has also spoken numerous times on damages, including subjects related to intellectual property issues. He has served on the Economic Damages task force of the American Institute of Certified Public Accountants and authored “Calculating Intellectual Property Infringement Damages” - a practice aid for the American Institute.

  • Certified Public Accountant, Texas
  • Member, American Institute of Certified Public Accountants, and related State Chapter
  • Past Chairman of Litigation Support Services Committee
  • Member, National Association of Certified Fraud Examiners
  • Member, Licensing Executive Society
  • Member, AICPA Economic Damages Task Force
  • BVFLS Editorial Advisor


Judge Kleinberg retired from the Superior Court of California in April 2014 after 12 years of service. Since then he has served as a neutral with JAMS based in both the San Francisco and Silicon Valley offices handling arbitration, mediation, mock trials and appeals, and special federal and state court assignments, such as discovery referee and special master. During his last three years on the bench he supervised the Complex Civil Litigation department. After graduating from the University of Michigan Law School Judge Kleinberg was a Trial Attorney with the U.S. Department of Justice, Antitrust Division. In 1969 he entered commercial litigation practice with a firm in San Francisco and in 1983 joined McCutchen, Doyle, Brown & Enersen (later Bingham Mccutchen) as a litigation partner in San Jose, Palo Alto, and San Francisco. In practice he handled major commercial cases in courts throughout the United States, Europe, and Asia. In 2013 he was named "Outstanding Jurist" by the Santa Clara County Bar Association, and in 2014 he was named "Trial Judge of the Year" by the Santa Clara County Trial Lawyers Association. He serves as co-ombudsperson in a program initiated by the U.S. District Court, Northern District of California and is a past-President and currently a Director of the Association of Business Trial Lawyers, Northern California and the William A. Ingram Inn of Court. And Judge Kleinberg was Chair of the California State Bar's Litigation Section. He is a regular panelist for PLI and the Sedona Conference, and was designated a Holton Teaching Fellow at the Haas School of Business, University of California at Berkeley.


Laura Wen-yu Young is a Partner in the law firm of Wang and Wang, LLP, with offices in Shanghai, and San Francisco.  She received her AB and JD from UC Berkeley.  She is a Director of the Wang Family Foundation, and serves as President of the Phoebe A. Hearst Museum Advisory Board, and is a Trustee of the UC Berkeley Foundation. 

She has taught International Intellectual Property Law at Soochow University’s Kenneth Wang School of Law, Cornell University Law School, Pacific/McGeorge School of Law, and also taught Foundations of Law: China and the West, at UC Berkeley.  She is the author of many articles on business law and intellectual property in China and Taiwan, published by CCH Asia, Juris, Warren Gorham Lamont, West Publishing, INTA’s Trademark Reporter, and others.


P. Anthony Sammi
Patent and Other Complex Intellectual Property Litigation

P. Anthony Sammi concentrates his practice on litigating intellectual property cases, particularly high-technology patent and trade secret cases, at the trial level.

With a background in electrical engineering and physics, Mr. Sammi has litigated a broad range of matters involving software, hardware, business method and e-commerce patents and trade secrets, as well as computer source code copyrights. His practice also includes counseling both U.S. and multinational clients on evaluating, licensing and protecting intellectual property portfolios.

Representative technologies that Mr. Sammi has litigated include: digital electronics and hardware; computer software and source code (HLASM, C++); mobile telephone and VoIP technology; blood centrifuge devices; satellite on-board computer stability systems; medical implant devices; sporting equipment; pharmaceuticals; cosmetics; MPEG video technology; Ethernet connectivity hardware; and digital imaging and storage systems in the financial industry.

He is a member of the Skadden group recognized by The National Law Journal as one of the country’s leading IP practices in its 2013 “IP Hot List.”

Selected engagements include:

  • lead trial counsel on technology claims in a U.S. District Court, Southern District of Texas, trade secret misappropriation and copyright infringement jury trial representing plaintiff, a leading software technology company; obtained a jury verdict, multimillion-dollar damages award, and permanent injunction for infringement and misappropriation;
  • lead trial counsel in a U.S. District Court, Eastern District of Texas, patent infringement jury trial representing defendant, one of the largest national archives of check images and electronic content for multi-bank infrastructure solutions; lead counsel in successfully defending against a preliminary injunction sought by the plaintiffs in a U.S. District Court, Eastern District of New York, copyright infringement and trade secret misappropriation action representing a leading global software development firm;
  • trial counsel in a U.S. District Court, District of Arizona, patent infringement trial representing defendant, a leading sports equipment manufacturer, in which judgments of non-infringement and patent claim invalidity due to obviousness were obtained;
  • arguing before the U.S. Court of Appeals for the Federal Circuit representing the defendant-appellee, a leading sports equipment manufacturer, in the plaintiff’s appeal of district court post-trial judgment of invalidity and non-infringement; District Court judgments in favor of client were affirmed;
  • representing a world-leading satellite manufacturer in defending against claims of patent infringement involving complex satellite guidance, stability, and station-keeping circuitry and control systems;
  • leading the patent aspects of a multibillion-dollar acquisition of a social networking and VoIP service provider company; and leading the patent aspects of a multibillion-dollar merger and settlement relating to mobile device manufacturers.
  • Representative clients have included: JPMorgan Chase & Co.; Bank One Corporation; Lockheed Martin Corporation; Motorola, Inc.; Virgin Mobile USA, LLC; Rocket Software, Inc.; AstraZeneca PLC; Benetton Sportsystem USA, Inc.; Compaq Computer Corporation; Viewpointe Archive Services L.L.C.; Trish McEvoy, Inc.; Infra+ S.A.; and Aspen Technology, Inc.

Presentations

  • Speaker, “US Round Table: Best Practices Post AIA,” MIP Global IP & Innovation Summit, September 4-5, 2013, Shanghai
  • Presenter, “Litigating Against Non-Practicing Entities,” Sixth Annual Patent Law Institute, February 16, 2012
  • Member, Steering Committee; Speaker, "Building Client Relationships," The New Partner Forum, The American Lawyer, New York City, October 11-12, 2011
  • Presenter, "The Role of the Specification in Claim Construction: Is It a Guidepost or a Fence?" BNA webinar, June 15, 2011
  • TV Interview, “How ‘Gesture Technology’ Like Microsoft Kinect Will Change the Way We Live,” PBS’ Need to Know, April 8, 2011
  • Presenter, “Litigating With An Eye Toward Trial,” Fifth Annual Patent Law Institute, February/March 2011
  • Presenter, “Reexamination: Be Careful What You Wish For,” AIPLA 2011 Mid-Winter Institute, February 2011
  • Speaker, “Strategic Xenophobia: Fighting Litigation Techniques that Vilify Origin and Ethnicity,” 2010 National South Asian Bar Association Annual Convention, June 26, 2010
  • Panelist, Morning Plenary Session, 2010 Asia Society Diversity Leadership Forum, May 17, 2010

Bar Admissions
New York
U.S. Court of Appeals for the Federal Circuit
U.S. District Courts for the Southern and Eastern Districts of New York

Education

J.D., Cornell Law School, 1998
B.S., Electrical Engineering, University of Maryland, 1995

Associations
Member, American Intellectual Property Law Association
Member, New York Intellectual Property Law Association
Past President and Director, South Asian Bar Association of New York
Past Director, National South Asian Bar Association

Authorships

Co-Author “Good Clean Fun: Using Clean Room Procedures in Intellectual Property
Litigation,” Intellectual Property and Technology Journal, October 2013 (Vol. 25, No.
10)
“Trade Secrets,” (Chapter 15) New York Business Litigation, New York Law Journal, 2013

Languages

Hindi
Punjabi

Related Practices

  • Intellectual Property and Technology
  • Litigation
  • Patent and Other Complex Intellectual Property Litigation


Stephen Lapham
Chief Administrative Officer and General Counsel
Viewpointe, LLC

Steve Lapham joined Viewpointe in 2003, and his responsibilities include handling corporate governance and business transactions for the company, as well as overseeing intellectual property, litigation, human resources, audit, compliance, and areas of risk management. Steve’s professional background includes six years in private practice where he handled both business transactions and civil litigation. Prior to joining Viewpointe, he was Associate General Counsel at Sonic Automotive, Inc., where he handled transactional work, governmental/regulatory issues, and managed litigation for the company. Steve graduated from the University of North Carolina at Chapel Hill with a Bachelor of Arts and a Juris Doctor.


The Honorable Faith S. Hochberg is a nationally recognized U.S. Federal Judge and former United States Attorney known for her broad expertise in complex corporate, securities, antitrust and patent litigation. She retired from the bench in 2015 and founded Hochberg ADR, which provides mediation, arbitration and strategic advisory services. She is also a distinguished neutral on the rosters of AAA, ICDR, Federal Arbitration, CPR, WIPO, ITC and ICC. Additional information is available on the website, www.JudgeHochberg.com.

Judge Hochberg was twice nominated by the President, and confirmed by the Senate, first as United States Attorney and thereafter a United States District Judge. She has presided over thousands of federal cases: class actions; Securities; Banking; Patent, Copyright & Trademark; Pharmaceuticals, Antitrust; Insurance; Federal Arbitration Act; and Corporate Contract and Partnership matters. Judge Hochberg has exceptional expertise in patent cases, as well as nationwide cases where she was appointed by the Judicial Panel on Multi District Litigation. She has been invited to speak nationwide and abroad about U.S. litigation.

Judge Hochberg has presided by designation with the Federal Circuit Court of Appeals and has served as a Patent Pilot judge. She was honored as the first Fellow of the Innovation Center for Law and Technology at New York Law School in recognition of her contribution to the advancement of intellectual property law. She also serves on its Advisory Board, together with entrepreneurs and business leaders.

Judge Hochberg previously served as the United States Attorney for the District of New Jersey, and Deputy Assistant Secretary of the United States Treasury Department, as well as in the private practice of law.

Judge Hochberg graduated from Harvard Law School, magna cum laude, where she was an Editor of the Harvard Law Review, and a B.A., summa cum laude, from Tufts University. She was elected to Phi Beta Kappa. She also attended the London School of Economics.


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.


Judge James Ware (Ret.) has joined JAMS after spending sixteen years as a civil litigator, and twenty-four years as a judge. He served as a United States District Judge on the Northern District of California, including a year and a half as the Chief Judge of the Northern District. Previously, he served as a judge on the Superior Court of California in Santa Clara County. Thanks to his extensive judicial career, he brings with him a wealth of experience derived from his management and resolution of thousands of cases across a wide variety of subjects. Most notably, Judge Ware presided over numerous cases involving patent infringement, securities fraud, antitrust, contract disputes, employment law, and various statutory actions. 

Since joining JAMS, Judge Ware draws on his vast experience as a judge on both the state and federal bench. Serving as a mediator and special master/discovery referee, he helps parties to communicate with and understand one another; offers a broad perspective on parties’ problems; assists them to evaluate the strengths and weaknesses of respective positions; assesses the overall cost of the dispute; and aides them in identifying, and overcoming, obstacles that stand in the way of effective resolution. As an arbitrator, he considers the issues and reaches a definitive, principled, and expedited resolution.