Named a Key Player in Trade Secrets Litigation.Legal 500 US 2012

James K. Lynch

San Francisco
  • 505 Montgomery Street
  • Suite 2000
  • San Francisco, CA 94111-6538
  • USA
 
 

Jim Lynch, former Vice Chair of Latham’s 600-lawyer global Litigation & Trial Department, is a 20-year trial lawyer whom clients engage for their most important trials and business disputes. He has successfully tried 15 matters to judgment for plaintiffs and defendants, in federal and state court, before juries, and in arbitration, involving trade secret, patent and other intellectual property issues, and critical technology, accounting /auditing, and enterprise-threatening commercial disputes.  He currently is lead counsel for iHeart Media and Pandora in a dozen nationwide class actions involving pioneering copyright law issues.

Mr. Lynch has won complete defense verdicts in jury trials and arbitrations claiming more than US$3 billion in total, including a unanimous jury verdict in a US$1.0B trade secret case for a semiconductor company recognized as the “Top Defense Verdict of the Year” in California.  His trial wins for plaintiffs include a complete victory on all claims (including punitive damages) in a federal court trial involving conversion of intellectual and personal property.

Corporate boards, executive leadership and investors routinely seek Mr. Lynch’s expertise to resolve their most threatening litigation and business exposure.  Clients praise his “creative,” “business-minded” and “high-value” dispute resolution strategies, and name him their “go-to” lawyer for complex, high-dollar matters.

Mr. Lynch's intellectual property trial experience includes successfully representing:

  • Medivation:  unanimous breach of contract jury verdict for this biopharmaceutical company against a university professor who concealed, then sold, a billion-dollar oncology molecule.  The defendant paid all damages plus costs within 60 days. 
  • Marvell Semiconductor:  unanimous jury verdict in six-week, US$1B trial alleging misappropriation of trade secrets. This was the notorious “Silicon Valley voicemail case,” a 10-year dispute suggesting that an accidental “voicemail” evidenced trade secret theft. The unanimous jury defense was named California’s “Top Defense Verdict.”
  • A leading biotechnology company defending a collaborator’s claims regarding control of and profits from a blockbuster monoclonal antibody cancer drug.  Latham defeated the opponent’s US$60 million damage claim protected the client’s control of the forecasted US$2.0 billion profit stream.
  • Genentech against patent and antitrust claims relating to their patent for co-expression of antibody heavy and light chains in a single host cell.
  • A large biotechnology company in a trade secret case involving 144 independent trade secret claims – valued in excess of US$100M -- regarding the development of pioneering recombinant human proteins.  After a month-long arbitration, the international arbitration panel issued a total defense verdict, and awarded Latham’s client nearly US$10M in legal fees.

Mr. Lynch currently is lead counsel in intellectual property matters for:

  • iHeart Media and Pandora in a dozen nationwide class actions seeking royalties for pre-1972 sound recordings.
  • Lyft in its lawsuit against an Uber executive for retaining Lyft confidential information after resigning from Lyft.
  • Medivation in defense of the University of California’s patent license lawsuit seeking additional royalties on sales of Medivation’s blockbuster oncology drug. 
  • A variety of additional trade secret, patent license, copyright and trademark disputes.

Mr. Lynch's securities and professional liability litigation experience includes:

  • A complete defense verdict before a three-arbitrator panel for a national accounting firm against claims of professional malpractice, breach of contract, and negligent misrepresentation in a US$300 million lawsuit.
  • A complete defense verdict before a three-arbitrator panel for a national accounting firm against claims of professional malpractice and breach of contract in a US$500 million lawsuit brought by the trustee of a bankrupt financial institution.
  • A complete defense verdict before a three-arbitrator panel for a national accounting firm against claims of malpractice and breach of contract in a US$75 million lawsuit brought by the trustee of a bankrupt telecommunications company.
  • A complete defense verdict before a three-arbitrator panel for a national professional services firm against claims of malpractice and breach of contract brought by a post-bankruptcy successor to a large Internet data center provider.
  • A unanimous decision before a three-arbitrator panel for a national professional services firm against breach of contract and professional negligence claims arising from an alleged failed software implementation.

His pro bono work includes numerous asylum matters on behalf of persons facing persecution and personal harm in their homeland, and includes a successful argument before the 9th Circuit on behalf of a Guatemalan juvenile.

 
 
 
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