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Bradford K. Newman Partner, Employment Law Department
Palo Alto T 1(650) 320-1827 F 1(650) 320-1927
Bradford Newman founded and leads Paul Hastings’ International Employee Mobility and Trade Secret practice. According to Chambers, he is a recognized “authority on trade secret cases.” Mr. Newman is the author of Protecting Intellectual Property in the Age of Employee Mobility: Forms and Analysis, a comprehensive treatise published by ALM that offers authoritative guidance on legal risks and practical steps companies can take to protect their IP and remedy IP theft. He chairs the Firm’s Silicon Valley Employment Law practice and has served as the past chair of the ABA Employment Litigation Subcommittee (Business and Commercial Litigation Section). In connection with his national practice spanning many industries, Mr. Newman routinely serves as lead trial counsel in cases with potential eight and nine-figure liability, and has successfully litigated (both prosecuting and defending) a broad spectrum of trade secret and employee mobility cases in state and federal courts throughout the country. Mr. Newman also successfully argued a case of first impression under the Communications Decency Act before the California Court of Appeal. He regularly advises and represents the world’s leading technology, banking, professional service, manufacturing and commerce companies in significant employee mobility matters, and provides audit committees and boards of directors with advice on complex Sarbanes-Oxley and state-law whistleblower issues, and with regard to internal corporate investigations involving claims of misconduct. Mr. Newman also served as Co-Chair of the Working Group of the ABA Business Law Section that prepared the ABA Model Business and Supplier Policies on Labor Trafficking and Child Labor (“ABA Model Policies”). In February, 2014, the ABA House of Delegates unanimously adopted Resolution 102B. As a result, the Model Principles were adopted as ABA policy and the remainder of the ABA Model Policies (Introduction, Model Glossary, Commentary and Guidance, and Endnotes) were authorized to be provided to businesses worldwide as helpful context in urging those businesses to adopt and implement policies tailored to their own needs and resources.

Recent Representations

  • Lead counsel for Zynga (NASDAQ: ZYNG) in the largest trade secret case in the history of social gaming. Following a multi-day hearing, obtained a preliminary injunction on behalf of Zynga. Establishing, for the first time, that social game concepts and specific game mechanics can and do arise to the level of a protectable trade secret. He successfully enjoined a competitor from releasing a specific game and from using a specific game mechanic and resolved the case in a manner described by Zynga's General Counsel in The Wall Street Journal as "reflecting the very serious nature of the conduct involved."
  • Co-lead defense counsel for Activision (NASDAQ: ATVI) in the high-profile “Modern Warfare” Employee Mobility case stemming from the departure of 42 video-game employees to a competitor. The departed employees claimed over $1 Billion in damages. The case resolved on the date jury selection was scheduled to begin.
  • Lead defense trial counsel for Cypress Semiconductor (NASDAQ: CY) in Evans v. Cypress Semiconductor Corporation, a case involving a multimillion-dollar stock claim brought by a former employee. At the conclusion of trial, Mr. Newman successfully obtained a defense verdict as to all of the employee's claims.
  • In the widely publicized case of Delfino v. Agilent Technologies, Inc., 145 Cal.App.4th 790 (2006), review denied (2007), Mr. Newman convinced a unanimous panel of the Sixth District California Court of Appeal that Agilent Technologies could not be held responsible for threatening messages allegedly sent from its computer network by a one-time employee. Mr. Newman successfully argued that Section 230(c)(1) of the Communications Decency Act provides broad immunity to employers who provide access and facilitate Internet content. No court had ever held the immunity conferred under section 230(c)(1) applied to employers who provide employees Internet access.
  • Bradford Newman advises as Zynga sues former manager
  • Zynga scores court victory in lawsuit against Alan Patmore


Accolades and Recognitions

  • Chambers USA recognizes Mr. Newman as “creative, interesting and clever” and acknowledges Newman as an “authority on trade secrets cases.”
  • The Daily Journal, “Top Labor & Employment Lawyers” 2012
  • Northern California SuperLawyer recognizes Mr. Newman as one of only 20 attorneys in the category of Employment Litigation: Defense
  • The Legal 500 -- United States identifies Mr. Newman as a “noteworthy attorney not least because of his key role in the Agilent dispute."
  • Who's Who Legal selected Mr. Newman as one of only 45 attorneys in California for the Labour & Management chapter.
  • Lawdragon in 2007, selected Mr. Newman as one of the 500 New Stars who are “carrying the profession to new heights.”


Speaking Engagements and Publications

  • Out the Door: Protecting Trade Secrets During Layoffs – The Deal (February 11, 2009)
  • California Supreme Court Upholds the General Ban on Noncompetition Agreements While Leaving Intact the “Necessary to Protect Trade Secrets” Exception – The Recorder (August 8, 2008)
  • Wages of Disloyalty: Employers Can Recover Salary and Benefits From Employees Who Have Worked for Competitors – The Recorder (December 24, 2008)
  • The Brave New World of Employee Mobility: The Corporate Duty To Identify, Value and Protect Trade Secrets – Business Law Today, Vol. 17, No. 2 (2007)
  • “Seismic Change – Internal Investigations In The Sarbanes-Oxley Era” (DRI 2006 National Convention)
  • “Protections for Whistleblowers under Sarbanes-Oxley” (ALI-ABA’s The Practical Lawyer – April 2005)


Professional and Community Involvement

  • Chair of the ABA Employment Litigation Subcommittee
  • Founder and Editor of the Employee Mobility, Restrictive Covenants and Trade Secrets Chapter in the ABA Business Law Section's National Annual Review
  • Served as a legal writing and research Instructor at Hastings College of the Law
  • Published on a wide variety of employment-related topics

Admitted to Practice in the following venues:

  • Court of Appeals, Ninth Circuit, December 19, 1995
  • Court of Appeals, Sixth Circuit, January 9, 1997
  • Court of Appeals, District of Columbia, February 23, 1999
  • United States District Court Northern Dist., California, December 7, 1995
  • United States District Court Central Dist., California, February 27, 1996
  • United States District Court Eastern Dist., California, February 20, 1998
  • All California State Superior Courts, December 7, 1995


Education

  • University of California Hastings College of the Law, J.D., 1995
  • University of Pennsylvania, B.A., 1992