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.
Mr. Newman’s first chair intellectual property experience includes successfully representing:
- Cypress Semiconductor (NASDAQ: CY) as lead trial counsel 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.
- 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."
- 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.
- Agilent Technologies, Inc. in Delfino v. Agilent Technologies, Inc., 145 Cal.App.4th 790 (2006), review denied (2007), where he 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.
- The world’s largest ride-sharing company in a high profile trade secret case filed by the competitor. See http://fortune.com/2016/06/28/uber-lyft-lawsuits-executives/ and https://www.law360.com/articles/811663/lyft-settles-with-former-exec-who-jumped-to-rival-uber
- A major Hollywood studio accused of poaching a producer of Academy Award winning motion pictures.
Mr. Newman currently serves as lead counsel in intellectual property matters for:
- Thermo Fisher Scientific (NYSE: TMO) in its lawsuit against a Fluidigm executive for retaining Thermo Fisher confidential information relating to oncology instrument and reagent technology after resigning, as well as for raiding employees. The defendant argued over certain key forensic evidentiary issues until Mr. Newman was able to utilize his forensic expertise to obtain the concurrence of defendant’s own forensic expert. At trial, the damages request will exceed $30Million.
- Veeco Instruments (NASDAQ: VECO) in a dispute involving a departed executive retaining highly technical and valuable MOCVD trade secrets.