Mr. Kappes is a Managing Shareholder of Greenberg Traurig's Sacramento Office. He is also the co-Chair of the national Labor & Employment practice's Non-Compete/Trade Secret and Employment Contract Litigation team.
Mr. Kappes has extensive trial and pretrial experience. He has represented clients in many complex litigation cases involving commercial claims, trade secrets, products liability, professional malpractice, insurance bad faith, qui tam actions, unfair competition, Business and Professions Code Section 17200 actions, and SOX proceedings. He also represents clients in labor and employment issues, including advisory matters, trade secret audits, contracts, discrimination claims, whistleblower cases, and wrongful termination litigation.
Mr. Kappes has argued cases before the Ninth Circuit Court of Appeals, the California Supreme Court, and the Third District Court of Appeals. Mr. Kappes has also represented clients in administrative hearings, arbitrations (single and panel), writ proceedings, jury trials, and bench trials.
Mr. Kappes is an Adjunct Professor at the University of California, Davis School of Law.
Areas of Concentration
ˇ Labor and employment
ˇ Commercial litigation
ˇ Insurance litigation
ˇ Products liability
ˇ Business torts
ˇ Contract disputes
ˇ Trade secrets/unfair competition/employee mobility
Significant Representations
Complex Litigation
ˇ ABF, et al v. California: Acted as lead counsel for several carriers in administrative and judicial effort to recover several million dollars in trailer refund fees for 26 different carriers.
ˇ ANJ Construction v. Allstate: Represented Allstate in a case regarding fraudulent construction bonds. Summary judgment was granted.
ˇ Baker v. E*Trade: Defended E*Trade in purported class action alleging violations of various lending laws and consumer statutes.
ˇ BNSF v. ADM: Defended ADM in a dispute involving tariffs, storage and demurrage charges.
ˇ Burger v. Enerco Group and Lowes HIW, Inc.: Purported class action alleging B&PC 17200 and CLRA violations relating to the sale of certain portable heaters.
ˇ Cielinski v. Werner: Purported class action on behalf of thousands for breach of contract for changing pay of various driver-trainers.
ˇ Color Media v. Eastman Kodak Company: Represented Kodak in a commercial dispute involving breach of contract, implied warranty, fraud and Business & Professionals Code Section 17200, et seq., and causes of action concerning the sale of state-of-the-art color imaging software and hardware.
ˇ Debra Roy v. Heald College: Represented Heald College in a class action case related to alleged tuition overcharges.
ˇ Doe v. National Retailer: Represented national retailer in purported class action alleging improper refunds.
ˇ Doe v. ABC Corp.: Represented the client in a case alleging Business & Professionals Code Section 17200, et seq. violations and constructive termination related to alleged loan fraud.
ˇ Farmers Rice v. Quaker Oats: Defended Quaker Oats in alleged breach of contract to purchase 4,000 tons of rice.
ˇ Fong & Fong v. Eastman Kodak Company: Represented Kodak in a commercial dispute involving alleged breach of contract, implied warranty, fraud and Business & Professionals Code Section 17200, et seq. and causes of action concerning the sale of state-of-the-art color imaging software and hardware. Case went to trial resulting in a favorable outcome for the client.
ˇ Genesis Specialty Tile & Associates v. Aviva Life and Annuity Company: Represented client in a complex dispute over tax issues relating to life insurance and ERISA plans.
ˇ International Business Systems v. Cheeseworks: Represented software developer in contract dispute with importer/distributor.
ˇ Kellogg v. ADM: Represented ADM in a case alleging defective seeds.
ˇ Kennedy v. Baxter Healthcare Corporation: Published at 50 Cal.Rptr.2d 736. Received dismissal with prejudice of product liability class action allegations against the client, Baxter Healthcare Corporation.
ˇ Lynn v. Blue Cross/Blue Shield Association: Received dismissal with prejudice of class action allegations against the client, Blue Cross/Blue Shield Association.
ˇ MWA Intelligence v. Tech AnyWare: Alleged Breach of Restrictive Covenant and Right of First Refusal in Connection with Software Licensing.
ˇ Ramsey v. Lincoln National Life Insurance Company, et al.: Represented Lincoln National Life Insurance Company and their agents in class action defense regarding alleged contractual and tort claims arising from alleged misrepresentations and concealments in connection with the sale and marketing of the life insurance policies and a dividend reduction scheme.
ˇ Reego v. La-Z-Boy: Represented the licensee in connection with the dispute over licensing agreements.
ˇ Reyes v. Bank of America, et al.: Represented the client in a class action case involving violation of TILA, which was later dismissed.
ˇ Roman Catholic Bishop of Sacramento v. Certain Underwriters at Lloyd's London: Represented the client in a coverage action arising out of $35 million in claims.
ˇ Sandra Klemetson v. Winco Foods: Purported Class Action Alleging Violations of the Electronic Funds Transfer Act.
ˇ Steven Klemetson v. Winco Foods: Purported Class Action Alleging Violations of the Electronic Funds Transfer Act.
ˇ Schneider v. DMV: Represented Schneider in an action against the Department of Motor Vehicles to enforce compliance with the International Registration Plan under the U.S. Constitution's Supremacy Clause.
ˇ Spencer v. Easterday/Amsan: Represented the tenant in a dispute with the commercial landlord related to lease default issues, and pursuance of counterclaims for various claims including fraud, unfair business practices, and breach of agreement.
ˇ Stewart v. Unum: Represented the client in a case alleging Business and Professionals Code Section 17200, et seq. violations against disability insurer relating to management of disability claims.
ˇ Teacher's Retirement Bd. v. Genest: Represented the client in an action to restore $500 million in pension benefits to the retired teachers trust fund.
ˇ Urata v. Esquire: Represented the former owner of a 22 story building in a case alleging construction defects.
ˇ UFCW v. WinCo: Represented the client in a case involving Business & Professionals Code Sections 17200 and 17500 action against the grocery store chain, alleging the sale of adulterated food to consumers. The case was dismissed with prejudice.
ˇ Wells v. CSRA: Represented the client in a class action case against charter school alleging Business & Professionals Code Section 17200, et seq. violations and false claims.
ˇ Xiong v. Lincoln National: Represented the client against bad faith and breach of contract claims. Received a unanimous defense jury verdict in federal court.
ˇ Zurich v. TransCal: Represented the client in a case against insurance brokers for commingling funds.
ˇ Zylab v. Soundtransit: Represented software provider in contract dispute with client.
Trade Secrets/Unfair Competition/Employee Mobility
ˇ Alcoa v. Doe: Advised Alcoa on trade secret issue relating to former employee.
ˇ 3M vs. ABC: Counseled 3M on trade secrets/restrictive covenant issues.
ˇ Bradford Technologies, Inc. v. NCV Software.com, Rodney Newman, Metro National Financial, LLC and Karma Technologies LLC: Defended clients in case alleging misappropriation of trade secrets.
ˇ California Natural Foods v. Living Harvest: Defended Living Harvest against a case involving alleged misappropriation of trade secret formula in violation of NDA.
ˇ IGT v. XYZ Corp.: Investigated possible trade secret theft.
ˇ Institute of Technology v. DiGiacomo: Defended the client against a case involving alleged misappropriation of student list.
ˇ Micron v. ABC Corp.: Investigated possible trade secret theft.
ˇ Micron v. Does: Represented Micron in connection with ex-employees violating confidential information and nonsolicitation agreements.
ˇ Micron v. Doe: Investigated possible trade secret theft.
ˇ PSC v. Does: Represented PSC in connection with possible employee raiding and trade secret claims.
ˇ Prudential v. Hansen: One of multiple trade secret and restrictive covenant cases on behalf of the insurer in Utah, Oregon and California to enforce trade secrets/restrictive covenants.
ˇ Pyro Spectaculars, Inc.; Pyro Spectaculars North, Inc.; and Pyro Events, Inc. v. Steven Souza: Assisted client in filing action for trade secret misappropriation.
ˇ Rewards Network v. Acacia, et al.: Assisted client in obtaining injunctive relief against use of trade secrets.
ˇ Sara Lee v. Albrecht: Represented Sara Lee in connection with ex-employees violating confidential information and nonsolicitation agreements in Nevada and New Mexico.
ˇ Selling Source v. Does: Investigated potential trade secret theft.
ˇ Storage Kraft v. Kirby: Represented client in a multi-jurisdictional trade secret action involving software brought to enforce third party discovery.
ˇ US Tower et al. v. Wifieye, Inc.: Prosecuted claims for trade secret theft involving security technology.
ˇ Veeco v. DEF Corp.: Investigated possible trade secret theft
ˇ Veeco v. ABC Corp.: Investigated possible trade secret theft.
ˇ Vitek v. Countrywide: Defended Countrywide against alleged misappropriation of trade secrets and employee raiding.
ˇ Washington Mutual v. Countrywide: Defended Countrywide against alleged misappropriation of trade secrets and employee raiding.
ˇ Westcliff v. Seacliff: Investigated possible trade secret theft.
ˇ World Financial Group v. HBW: Represented WFG in alleged violation of the UTSA. Case was profiled in Employment Law 360; April 22, 2009.
Labor and Employment
ˇ Beebout v. Sunsweet: Defended the client from claims of disability discrimination and wrongful termination.
ˇ Bravo v. Countrywide: Defended the client on a wrongful termination case brought by a former employee.
ˇ Burkhardt v. Countrywide: Represented the client in a case involving alleged whistleblower claim. The case involved a 2 week, 20 witness JAMS arbitration which ended in favorable terms for the client.
ˇ Calderon v. HDR, Inc.: Defended the client from claims of sexual harassment and national origin discrimination.
ˇ Coria v. J.G. Boswell: Resolved a class action case for vacation pay brought under California law.
ˇ Doe v. Countrywide: Represented Countrywide in SOX proceeding and subsequent arbitration.
ˇ Findlay v. Countrywide: Represented Countrywide in a wrongful termination case brought by a former employee.
ˇ Fineman v. Sunsweet: Represented the client in a case involving an alleged whistleblower claim by the former CEO.
ˇ Fish v. Doe Corp.: Defended the client from whistleblower claims brought by former employee.
ˇ Galindo v. SacBee: The case involved a class action alleging that carriers should be classified as employees rather than independent contractors.
ˇ Gauna v. Countrywide: Represented the client in a wrongful termination case brought by a former employee.
ˇ Junkin v. Countrywide: Represented the client in a wrongful termination case brought by a former employee.
ˇ Lazo v. Heald College: Represented the client in a wrongful termination case alleging retaliation for an employee complaining of alleged sexual harassment.
ˇ Lemaster v. Zurich: Defended the client from claims of retaliation for FMLA leave and discrimination on the basis of mental disability.
ˇ Lustgarten v. HDR: Defended client in wrongful termination case brought by plaintiff.
ˇ Moles v. Cargill: Defended client in wrongful termination case brought by former employee.
ˇ Montalvo v. Werner: Defended client in wage and hour class action.
ˇ Morgan v. Cargill: Defended client in wrongful termination case brought by former employee.
ˇ Murphy v. JB Hunt: Defended the client from claims of disability discrimination.
ˇ Neubauer v. Countrywide: Defended the company on alleged wrongful termination claims brought by a former employee.
ˇ Padilla v. PGP: Defended client on a DFEH charge relating to failure to accommodate.
ˇ Ramsey v. HDR, Inc.: Defended the client against claims of wrongful termination, pregnancy discrimination and taking family medical leave.
ˇ Remy v. HDR: Defended the client in a case involving sexual harassment and hostile environment claims.
ˇ Sharifi v. Schneider National Carriers, Inc.: Defended Schneider in a wrongful termination case, alleging physical disability discrimination and tortuous termination in violation of public policy.
ˇ Solis v. VSP: Defended the client in an alleged wrongful termination case brought by a former employee.
ˇ Sunsweet v. Teamsters: Represented the client at multiple arbitrations.
ˇ Wilson v. Sunsweet: Represented the client in a federal case alleging disability discrimination in violation of FMLA, CFRA, FEHA and wrongful discharge of public policy.
ˇ Wong v. Countrywide Home Loans, Inc.: Obtained complete defense award in arbitration involving claims for race discrimination, false promise and breach of contract.
Appellate Work
ˇ A.H. Belo Corporation v. Southern Methodist University: 734 S.W.2d 720 (1987)
ˇ Agnew v. E*Trade: Opinion, 2011 WL 4017931(E.D. Pa, September 9, 2011)
ˇ American Board of Cosmetic Surgery v. Medical Board: 162 Cal.App.4th 534 (2008)
ˇ Flynn v. Paul Revere: Argument in the 9th Circuit, 2001, 2 Fed. Appx. 88
ˇ Kennedy v. Baxter: Opinion, 43 Cal.App.4th 799 (1996)
ˇ Teachers Retirement Board v. Genest: 154 Cal.App.4th 1012 (2007)
ˇ Wierzba v. E*Trade: Brief in the 9th Circuit, 2010, 10-16032
ˇ Wells v. One2One Foundation: Argument and opinion in the California Supreme Court, 39 Cal.4th 1164 (2006)
ˇ Wells v. One2One Foundation: Argument and opinion in the 3rd District Court of Appeal, 39 Cal.4th 1164 (2006)
Published and Unpublished Decisions
ˇ Lawrence v. Caplan: 2011 WL 176894 (N.D. Cal., January 19, 2011)
ˇ Agnew v. E*Trade: 2011 WL 4017931 (E.D. Pa, September 9, 2011)
ˇ Allstate Life v. Dall: 2009 U.S. Dist. Lexis 100401 (E.D. Cal., October 28, 2009)
ˇ Xiong v. Lincoln National Life Ins. Co.: 2009 WL 154928 (E.D. Cal., August 8, 2009)
ˇ Covenant Transport v. State: 2009 WL 2054701 (Cal.App.3rd, July 16, 2009)
ˇ Davis v. Culinary Academy: 2008 WL 4196587 (Cal. App.1st, September 15, 2008)
ˇ Manteca Trailer v. Roadtrek: 2009 WL 54577 (E.D. Cal., August 8, 2009)
ˇ Kelley v. Crate & Barrel, Inc.: 2008 WL 2233568 (E.D. Cal., May 28, 2008)
ˇ American Board of Cosmetic Surgery, Inc. v. Medical Board of California: 162 Cal.App.4th 534 (2008)
ˇ Kelley v. Crate & Barrel, Inc.: 2008 WL 223718 (E.D. Cal., January 28, 2008)
ˇ Teachers Retirement Board v. Genest: 154 Cal.App.4th 1012 (2007)
ˇ Wilson v. Sunsweet Growers: 2007 WL 2418736 (E.D. Cal., August 24, 2007)
ˇ Gordon v. La-Z-Boy: 2007 WL 1101456 (E.D. Cal., April 12, 2007)
ˇ Funcat Leisure Craft, Inc. V. Johnson Outdoors Inc.: 2007 WL 704928 (E.D. Cal., March 6, 2007)
ˇ Funcat Leisure Craft Inc. v. Johnson Outdoors Inc.: 2007 WL 273949 (E.D. Cal., January 29, 2007)
ˇ Williams v. Bank of America: 2006 U.S. Dist. Lexis 71176 (E.D. Cal., September 29, 2006)
ˇ Wells v. One2One Learning Foundation: 39 Cal.4th 1161 (2006)
ˇ Williams v. Bank of America: 2006 U.S. Dist. Lexis 33989 (E.D. Cal., May 26, 2006)
ˇ Remy v. HDR Engineering: 2005 WL 1925902 (E.D. Cal., August 8, 2005)
ˇ Cervantes v. Metropolitan Life: 338 F Supp. 2d 1164 (2005)
ˇ Flynn v. Paul Revere: 2001 WL 80408 (9th Cir., Jan 30, 2001)
ˇ Kennedy v. Baxter Healthcare Corporation: 43 Cal.App.4th 799 (1996)
ˇ A.H. Belo Corporation v. Southern Methodist University: 734 S.W.2d 720 (1987)
*Some of the above representations were handled by Mr. Kappes prior to his joining Greenberg Traurig, LLP.
Professional & Community Involvement
ˇ Fellow, Litigation Counsel of America
ˇ Member, American Bar Association
ˇ Member, International Technology Law Association
ˇ Member, The Milton L. Schwartz/David F. Levi American Inn of Court
Awards & Recognition
ˇ Team Member, Law360 "Employment Practice Group of the Year" (2011)
ˇ Team Member, Law360 "Appellate Practice Group of the Year" (2010)
Articles, Publications, & Lectures
Publications
ˇ Co-Author, "Case Study: Pyro Spectaculars V. Souza,"," Law360
ˇ Co-Author, "Case Study: Richmond V. Aumtech," Law360
ˇ Co-Author, "President Signs Federal Courts Jurisdiction and Venue Clarification Act of 2011 into Law," GT Alert and Lexology
ˇ Co-Author, "Are Restrictive Covenants Enforceable in California? It Depends." GT Alert, The National Law Review and Lexology
ˇ Co-Author, "Navigating the New Risks in Mobile Technology, Social Media, Electronic Records and Privacy: Using Social Media in Litigation," PLI Information Technology Law Institute
ˇ Co-Author, "Restrictive Covenants - the UK and U.S. (California) Positions Compared,"Complinet Ltd
ˇ Contributor, "Trade Secret Audits and Protection Plans," Continuing Education of the Bar Treatise: Trade Secrets Practice in California
ˇ Co-Author, "Noncompetition Agreements Invalidated," California Employment Law Special Report, published by the Society for Human Resource Management (SHRM)
ˇ Author, "Lawyers Discover New Challenges With E-Data," Silicon Valley/San Jose Business Journal
ˇ Co-Author, "Trade Secrets: A Legal Update," IEEE Engineering Management Review, Volume 36, No. 3, Institute of Electrical and Electronics Engineers
ˇ Author, "Your Company Cannot Afford Not to Adequately Protect Its Trade Secrets and Other Confidential Information," Bloomberg Law Reports, Vol. 2, No. 47
ˇ Author, "Recent California Appellate Decision Highlights Additional Arrow in the Trade Secret Litigator's Quiver: Attacking the Independent Economic Value Element of a Trade Secret Misappropriation Claim," New Matter, Vol. 33, No. 3
ˇ Author, "California Court of Appeal Strikes Down the State's Latest Attempt to Divert Public Pension Funds to Address Fiscal Problems," The NAPPA Report
ˇ Author, "Trade Secrets: A Legal Update," Society of Competitive Intelligence Professionals
ˇ Author, "California's SB 20-The Latest Attempt to Divert Public Pension Funds to Address Fiscal Problems," The NAPPA Report
ˇ Author, "Trade Secrets Can Bite You Coming and Going," Executive Counsel
ˇ Author, "Protecting Your Company's Trade Secrets," Sacramento Area Human Resource Association Newsletter
ˇ Author, "Border Dispute," The Recorder
ˇ Co-Author, "Contract Negotiations and Considerations for the Winegrape Grower," California Association of Winegrape Growers
Speeches
ˇ Presenter, "California and Restrictive Covenants - Down but Not Out?" Practising Law Institute Webinar
ˇ Presenter, "New Federal Courts Jurisdiction and Venue Clarification Act," Strafford Publications Webinar
ˇ Speaker, "New Removal and Venue Rules for Federal Courts: What Litigators Need to Know," Law Seminars International
ˇ Panelist, "Trade Secrets," American Intellectual Property Law Association (AIPLA), Mid-Winter Institute, Las Vegas, NV
ˇ Co-Presenter, "Using Social Media in Litigation," Information Technology Law Institute 2011: Navigating the New Risks in Mobile Technology, Social Media, Electronic Records and Privacy, Practicing Law Institute, Chapter VII
ˇ Co-Presenter, "Latest Changes in CA Trade Secret Laws: What Employers Should Know to Protect Their Information and Questions to Ask Before They Hire an Employee From a Competitor," GT Webinar, Helping Companies Move Forward in Uncertain Times, California Labor & Employment Strategies and Updates - Part II
ˇ Co-Presenter, "Trading Secrets: How to Adequately Protect Trade Secrets and Balance Employee Rights in California," State Bar of California Cyber Institute
ˇ Presenter, "Trade Secret Misappropriation: Prevention and Litigation" Cutting Edge Strategies, GT Webinar
ˇ Presenter, "Monitoring the Revolving Door: Protecting Your Trade Secrets in Today's Economy," Webinar
ˇ Presenter, "Protecting Trade Secrets in Times of Increased Staff Mobility," National Resources Institute, National Live Teleconference with International Audience
ˇ Presenter, "Protecting Trade Secrets and Intellectual Capital," Computer Associates, Islandia, NY
ˇ Co-Presenter, "Expert Forum on Employment Trade Secret Protection & Litigation," American Conference Institute, Chicago, IL
ˇ Presenter, "Commercial Contracting/Outsourcing Update II," International Technology Las Association Annual Meeting & World Conference, Seattle, WA
ˇ Presenter, "Misappropriation of Trade Secrets and a Comprehensive Audit," 3M Worldwide, Minneapolis, MN
ˇ Presenter, "The Impact of Edwards v. Arthur Anderson, How it Will Affect Lawyers and Their Clients," Reedlogic Video Seminars
ˇ Panelist, "Trade Secrets," Advanced Labor and Employment Law Conference, Seyfarth Shaw LLP, Los Angeles, CA
ˇ Presenter, "Managing Trade Secrets to Achieve Competitive Advantage in a Global Economy," 3M Worldwide, Minneapolis, MN
ˇ Presenter, "Effective Strategies for Managing Trade Secrets," Society of Competitive Intelligence Professionals, Minneapolis, MN
ˇ Panelist, "Trade Secrets," Advanced Labor and Employment Law Conference, Seyfarth Shaw LLP, San Francisco, CA
ˇ Presenter, "Trade Secrets, A Legal Update," Society of Competitive Intelligence Professionals, New York, NY
ˇ Presenter, "Protecting Trade Secrets," Sacramento Area Human Resource Association, Sacramento, CA
ˇ Presenter, "Protecting Trade Secrets," Davis Area Technology Association, Davis, CA
(Also at San Francisco Office)