Victoria A. Cundiff is a partner at Paul Hastings and is based in the firm’s New York office. Ms. Cundiff is a leader of the Litigation department’s global Trade Secrets practice and is regularly named a "Leading Lawyer" nationally in the field by Legal 500. See http://www.legal500.com for criteria. She helps clients acquire, protect, and maximize value from intellectual property. Ms. Cundiff’s clients include emerging companies, joint ventures, and Fortune 50 companies in a variety of industries, including software, media, financial services, insurance, medical devices, pharmaceutical, chemical, consumer goods, marketing, and sales and distribution organizations. Much of her work focuses on issues arising at the intersection of intellectual property and employment law, including avoiding the loss or receipt of trade secrets and other valuable assets when key employees move between competitors
, analyzing and litigating restrictive covenant and intellectual property ownership disputes, and designing confidential investigation procedures and verification protocols for resolving intellectual property use and ownership disputes outside of court.
Ms. Cundiff has tried intellectual property and related commercial disputes throughout the United States and before a variety of arbitration and mediation tribunals, and has coordinated on such disputes internationally. As important, is her work to help organizations avoid litigation. Ms. Cundiff writes extensively on intellectual property law issues, including “Preventing The Inevitable: How Thinking About What Might Happen Can Help Ensure That it Won’t,” “Reasonable Measures to Protect Trade Secrets in a Digital Environment,” and “How to Place Your Intellectual Property at Risk,” and has contributed to the ICC Trade Secrets Task Force Report on Trade Secrets Legislation. She is a frequent speaker on the implications of recent IP developments. Ms. Cundiff serves as an instructor in programs sponsored by the USPTO on trade secrets law, for, among others, representatives of governments of a variety of U.S. trading partners. She has contributed to amicus curiae briefs filed in the United States Supreme Court on copyright and intellectual property-licensing issues. She has also completed a certificate in Chinese IP Law from the Berkeley Center for Law & Technology.
Ms. Cundiff is a Member of the American Law Institute, serving as an Adviser on the Restatement, Third, Conflict of Laws. Ms. Cundiff serves as Chair of the Sedona Conference Working Group on Trade Secrets Law and co-chair of the group’s Equitable Relief Drafting Team and has served as the Vice Chair of the IPO’s trade secrets committee. She is a member of the Executive Committee of the New York State Bar Association’s Intellectual Property Section and is the past Chair of that section. She was an invited civilian guest at the U.S. Army War College National Security Seminar and has been recognized in The Best Lawyers in America; Chambers; Legal 500; and New York Super Lawyers, among other lawyer directories and guides.
Ms. Cundiff is a Visiting Lecturer in Law at Yale Law School, where she teaches intellectual property law, and the University of Pennsylvania, where she teaches trade secrets law. She has also been a Visiting Lecturer at the University of Virginia Law School, teaching trade secrets law.
Ms. Cundiff received her B.A. degree from the University of Denver, where she was a Boettcher Foundation Scholar, and received her J.D. degree from Yale Law School. She is on the advisory board of the Yale Law School Center for the Study of Corporate Law. Ms. Cundiff is a founding member of the Print Club of the City of New York. She serves on the boards of the United States Senate Youth Program Alumni Association and the Yale Law School Executive Committee and has served on the Board of the York Theatre Company in New York.
Engagement & Publications
- Program Chair and Speaker, "Advanced Trade Secrets Law," Practising Law Institute, October 2021
- Speaker, "Thinking About Trade Secrets: A Guide for Entrepreneurs," MIT Sloan School, October 2021
- Speaker, "The Latest Developments in Trade Secrets Law," Practising Law Institute Intellectual Property Law Institute, September 2021, September 2020
- Moderator, "Navigating the Law of Trade Secrets," Association of the Bar of the City of New York, September 2021
- Speaker, WIPO-CPIP Summer School on Intellectual Property, "Promoting and Securing New Technological and Commercial Innovation in the Global Economy," June 2021
- Speaker, "Remote Case Management of IP Proceedings," Sedona Conference, June 2021
- Speaker, Fordham IP Institute, "Global Trade Secrets," April 2021
- Speaker, Licensing Executives Society, "Pop Up Course on Trade Secrets Law," November 2021
- Keynote Address, Cleveland Intellectual Property Law Association, "Solving the Latest and Next Crisis in IP Law," January 2020
- Author, "One State is Not Like the Others: New York Rejects Avoided Development Costs as a Measure of Trade Secrets Damages," NYSBA BRIGHT IDEAS, Winter 2018
- Speaker, Trade Secrets Institute, Best Practices Dialogue on Drafting and Implementing National Trade Secret Laws: "Access to Evidence," May 2018
- Speaker, Sedona Conference on International Patent Enforcement, Speaker, "International Trade Secrets Enforcement," Washington D.C., February 2018
- IPO Chat Channel: Speaker, "Settling Trade Secrets Cases," February 2018
- Twenty-Five Year Anniversary of the Formation of the New York State Bar Association’s Intellectual Property Law Section: Lessons Learned from Former Chairs, Speaker, January 2018
- Co-Chair and Moderator, Inaugural Sedona Conference on Developing Best Practices for Trade Secrets Issues (a policy program for the judiciary, corporate counsel and experienced practitioners), "Equitable Relief in Trade Secrets Cases: Finding the Best Fit," Scottsdale, Arizona, December 2017
- Presentation to MOFCOMM delegation (Chinese Ministry of Finance Delegation and representatives of state-owned industrial organizations) on United States Trade Secrets Law sponsored by the United States State Department at Fordham Law School, July 2017