Kurt A. Kappes

View Kurt A. Kappes 's Martindale-Hubbell Connected Profile
Sacramento Co-Managing Shareholder
Sacramento,  CA  U.S.A.
Phone415.655.1300

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Practice Areas

  • Commercial Litigation: Insurance
  • Business Torts
  • Contract Disputes
  • Commercial Class Action Defense
  • Labor & Employment Litigation: Trade Secrets and Employee Mobility
  • Computer Fraud & Non-Compete
  • Appellate
  • Education
 
Contact InfoTelephone: 415.655.1300
Fax: 415.707.2010
http://www.gtlaw.com/People/Kurt-A-Kappes
 
University Butler University, B.A., summa cum laude, 1983
 
Law SchoolNorthwestern University School of Law, J.D., 1986
 
Admitted1986, Texas (inactive); 1990, California; U.S. Court of Appeals for the Ninth Circuit; U.S. District Court for the Central District of California; U.S. District Court for the Eastern District of California; U.S. District Court for the Northern District of California; U.S. District Court for the Southern District of California
 
Memberships 

Professional & Community Involvement

•fellow, Litigation Counsel of America

•Member, American Bar Association Fellow: of the Litigation Counsel of America and a member of the American Bar Association. He is also a team member of GT's employment and appellate practice groups, which were recognized byLaw360for Employment Practice Group of the Year in 2011 and Appellate Practice Group of the Year in 2010. Mr. Kappes is rated AV Preeminent 5.0 out of 5 on Martindale Hubbell .

Areas of Concentration

•Commercial litigation

•Insurance litigation

•Business torts

•Products liability

•Contract disputes

•Trade secrets/unfair competition/employee mobility

•Labor and employment

Awards & Recognition

•Listed,Super Lawyersmagazine,Northern California Super Lawyers, 2014

•Listed,The Legal 500 United States, Trade Secrets

•Selected,Sacramento Business Journal,Best of the Bar

•Team Member, aLaw360Employment Practice Group of the Year

•Team Member, aLaw360Appellate Practice Group of the Year

•Rated, AV Preeminent 5.0 out of 5AV , BV , AV Preeminent and BV Distinguished are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Articles, Publications, & Lectures

Publications

•Quoted, How to Bypass Legal Fallout from Employee Poaching,Investor's Business Daily

•Co-Author, California Court Broadly Defines What Information Can Qualify as a Trade Secret ,GT Alert

•Co-Author, Massachusetts Courts Tie the Very Existence of 'Trade Secrets' to Your Business Practices ,GT Alert

•Co-Author, Join the Party. Another California-based Former Employee Challenges Out-of-State Company's Non-Compete Provisions as Unfair Business Practice ,GT Alert

•Co-Author, Recent California Case Highlights Standards for Trade Secret Misappropriation Cases ,GT Alert

•Co-Author, Case Study:Pyro Spectaculars V. Souza,Law360

•Co-Author, Case Study:Richmond V. Aumtech,Law360

•Co-Author, President Signs Federal Courts Jurisdiction and Venue Clarification Act of 2011 into Law ,GT AlertandLexology

•Co-Author, Are Restrictive Covenants Enforceable in California? It Depends .GT Alert,The National Law ReviewandLexology

•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

•Co-Author, Restrictive Covenants - the UK and U.S. (California) Positions Compared,Complinet Ltd

•Contributor, Trade Secret Audits and Protection Plans,Continuing Education of the Bar Treatise: Trade Secrets Practice in California

•Co-Author, Noncompetition Agreements Invalidated,California Employment Law Special Report, published by the Society for Human Resource Management (SHRM)

•Author, Lawyers Discover New Challenges With E-Data,Silicon Valley/San Jose Business Journal

•Co-Author, Trade Secrets: A Legal Update, IEEE Engineering Management Review , Volume 36, No. 3, Institute of Electrical and Electronics Engineers

•Author, Your Company Cannot Afford Not to Adequately Protect Its Trade Secrets and Other Confidential Information, Bloomberg Law Reports , Vol. 2, No. 47

•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

•Author, California Court of Appeal Strikes Down the State's Latest Attempt to Divert Public Pension Funds to Address Fiscal Problems,The NAPPA Report

•Author, Trade Secrets: A Legal Update,Society of Competitive Intelligence Professionals

•Author, California's SB 20-The Latest Attempt to Divert Public Pension Funds to Address Fiscal Problems,The NAPPA Report

•Author, Trade Secrets Can Bite You Coming and Going,Executive Counsel

•Author, Protecting Your Company's Trade Secrets,Sacramento Area Human Resource Association Newsletter

•Author, Border Dispute,The Recorder

•Co-Author, Contract Negotiations and Considerations for the Winegrape Grower, California Association of Winegrape Growers

Speeches

•Panelist, Trade Secret Theft in the Workplace: Mitigating Misappropriation Risks in the Cloud Computing Era, Webcast, Strafford Publications

•Panelist, Navigating the Risks: Privacy Issues for Mobile Technology, Social Media & Electronic Records, Association of Workplace Investigators Annual Conference

•Moderator, Trade Secret Misappropriation: Prevention and Litigation Cutting Edge Strategies, GT Webinar

•Presenter, California and Restrictive Covenants - Down but Not Out? Practising Law Institute Webinar

•Presenter, New Federal Courts Jurisdiction and Venue Clarification Act, Strafford Publications Webinar

•Speaker, New Removal and Venue Rules for Federal Courts: What Litigators Need to Know , Law Seminars International

•Panelist, Trade Secrets, American Intellectual Property Law Association (AIPLA), Mid-Winter Institute, Las Vegas, NV

•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

•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

•Co-Presenter, Trading Secrets: How to Adequately Protect Trade Secrets and Balance Employee Rights in California, State Bar of California Cyber Institute

•Presenter, Trade Secret Misappropriation: Prevention and Litigation Cutting Edge Strategies, GT Webinar

•Presenter, Monitoring the Revolving Door: Protecting Your Trade Secrets in Today's Economy, Webinar

•Presenter, Protecting Trade Secrets in Times of Increased Staff Mobility, National Resources Institute, National Live Teleconference with International Audience

•Presenter, Protecting Trade Secrets and Intellectual Capital, Computer Associates, Islandia, NY

•Co-Presenter, Expert Forum on Employment Trade Secret Protection & Litigation, American Conference Institute, Chicago, IL

•Presenter, Commercial Contracting/Outsourcing Update II, International Technology Las Association Annual Meeting & World Conference, Seattle, WA

•Presenter, Misappropriation of Trade Secrets and a Comprehensive Audit, 3M Worldwide, Minneapolis, MN

•Presenter, The Impact of Edwards v. Arthur Anderson, How it Will Affect Lawyers and Their Clients, Reedlogic Video Seminars

•Panelist, Trade Secrets, Advanced Labor and Employment Law Conference, Seyfarth Shaw LLP, Los Angeles, CA

•Presenter, Managing Trade Secrets to Achieve Competitive Advantage in a Global Economy, 3M Worldwide, Minneapolis, MN

•Presenter, Effective Strategies for Managing Trade Secrets, Society of Competitive Intelligence Professionals, Minneapolis, MN

•Panelist, Trade Secrets, Advanced Labor and Employment Law Conference, Seyfarth Shaw LLP, San Francisco, CA

•Presenter, Trade Secrets, A Legal Update, Society of Competitive Intelligence Professionals, New York, NY

•Presenter, Protecting Trade Secrets, Sacramento Area Human Resource Association, Sacramento, CA

•Presenter, Protecting Trade Secrets, Davis Area Technology Association, Davis, CA

Associated News & Events

Press-Releases

07.08.14 15 Greenberg Traurig Attorneys Included in 2014 Edition of Northern California Super Lawyers & Rising Stars

09.10.13 Greenberg Traurig's Kurt A. Kappes Selected for Sacramento Business Journal's Best of the Bar List

06.21.13 Greenberg Traurig Ranked in 2013 Legal 500 United States Guide; Recommended as 'Top Tier' Firm in Real Estate

10.16.12 Greenberg Traurig's Kurt Kappes to Speak at Association of Workplace Investigators' Conference

04.27.12 Greenberg Traurig's Kurt Kappes Invited to Join Litigation Counsel of America

04.20.12 Greenberg Traurig Attorney Kurt Kappes to Speak at PLI Webinar Titled 'California and Restrictive Covenants, Down but Not Out?'

02.08.12 Greenberg Traurig Signs 10-Year Lease for Additional Space at 1201 K Street

12.23.11 Greenberg Traurig's Labor and Employment Practice Recognized Among Law360's Employment Groups of the Year

01.28.10 Greenberg Traurig Named an 'Appellate Group of the Year' by Law360

Published Articles

03.29.12 Case Study: Pyro Spectaculars V. Souza (subscription)

Alerts

06.26.14 The GT M&A Report, Vol. 6 Ed. 1

05.19.14 California Court Broadly Defines What Information Can Qualify as a Trade Secret

05.08.14 Massachusetts Courts Tie the Very Existence of 'Trade Secrets' to Your Business Practices

03.19.14 Join the Party. Another California-based Former Employee Challenges Out-of-State Company's Non-Compete Provisions as Unfair Business Practice

08.03.12 Recent California Case Highlights Standards for Trade Secret Misappropriation Cases

12.14.11 President Signs Federal Courts Jurisdiction and Venue Clarification Act of 2011 into Law

11.16.11 Are Restrictive Covenants Enforceable in California? It Depends. Member:

Professional & Community Involvement

&bull

 
Born1961
 
Biography

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 class actions, commercial claims, trade secrets and employee mobility, computer fraud, non-compete, products liability, professional malpractice, insurance bad faith,qui tamactions, 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 has been a Visiting Professor at the University of California, Davis School of Law since 2010, and currently teaches a course in trade secrets and employee mobility.

Mr. Kappes is a fellow of the Litigation Counsel of America and a member of the American Bar Association. He is also a team member of GT's employment and appellate practice groups, which were recognized byLaw360for Employment Practice Group of the Year in 2011 and Appellate Practice Group of the Year in 2010. Mr. Kappes is rated AV Preeminent 5.0 out of 5 on Martindale Hubbell .

Areas of Concentration

•Commercial litigation

•Insurance litigation

•Business torts

•Products liability

•Contract disputes

•Trade secrets/unfair competition/employee mobility

•Labor and employment

Awards & Recognition

•Listed,Super Lawyersmagazine,Northern California Super Lawyers, 2014

•Listed,The Legal 500 United States, Trade Secrets

•Selected,Sacramento Business Journal,Best of the Bar

•Team Member, aLaw360Employment Practice Group of the Year

•Team Member, aLaw360Appellate Practice Group of the Year

•Rated, AV Preeminent 5.0 out of 5AV , BV , AV Preeminent and BV Distinguished are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Articles, Publications, & Lectures

Publications

•Quoted, How to Bypass Legal Fallout from Employee Poaching,Investor's Business Daily

•Co-Author, California Court Broadly Defines What Information Can Qualify as a Trade Secret ,GT Alert

•Co-Author, Massachusetts Courts Tie the Very Existence of 'Trade Secrets' to Your Business Practices ,GT Alert

•Co-Author, Join the Party. Another California-based Former Employee Challenges Out-of-State Company's Non-Compete Provisions as Unfair Business Practice ,GT Alert

•Co-Author, Recent California Case Highlights Standards for Trade Secret Misappropriation Cases ,GT Alert

•Co-Author, Case Study:Pyro Spectaculars V. Souza,Law360

•Co-Author, Case Study:Richmond V. Aumtech,Law360

•Co-Author, President Signs Federal Courts Jurisdiction and Venue Clarification Act of 2011 into Law ,GT AlertandLexology

•Co-Author, Are Restrictive Covenants Enforceable in California? It Depends .GT Alert,The National Law ReviewandLexology

•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

•Co-Author, Restrictive Covenants - the UK and U.S. (California) Positions Compared,Complinet Ltd

•Contributor, Trade Secret Audits and Protection Plans,Continuing Education of the Bar Treatise: Trade Secrets Practice in California

•Co-Author, Noncompetition Agreements Invalidated,California Employment Law Special Report, published by the Society for Human Resource Management (SHRM)

•Author, Lawyers Discover New Challenges With E-Data,Silicon Valley/San Jose Business Journal

•Co-Author, Trade Secrets: A Legal Update, IEEE Engineering Management Review , Volume 36, No. 3, Institute of Electrical and Electronics Engineers

•Author, Your Company Cannot Afford Not to Adequately Protect Its Trade Secrets and Other Confidential Information, Bloomberg Law Reports , Vol. 2, No. 47

•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

•Author, California Court of Appeal Strikes Down the State's Latest Attempt to Divert Public Pension Funds to Address Fiscal Problems,The NAPPA Report

•Author, Trade Secrets: A Legal Update,Society of Competitive Intelligence Professionals

•Author, California's SB 20-The Latest Attempt to Divert Public Pension Funds to Address Fiscal Problems,The NAPPA Report

•Author, Trade Secrets Can Bite You Coming and Going,Executive Counsel

•Author, Protecting Your Company's Trade Secrets,Sacramento Area Human Resource Association Newsletter

•Author, Border Dispute,The Recorder

•Co-Author, Contract Negotiations and Considerations for the Winegrape Grower, California Association of Winegrape Growers

Speeches

•Panelist, Trade Secret Theft in the Workplace: Mitigating Misappropriation Risks in the Cloud Computing Era, Webcast, Strafford Publications

•Panelist, Navigating the Risks: Privacy Issues for Mobile Technology, Social Media & Electronic Records, Association of Workplace Investigators Annual Conference

•Moderator, Trade Secret Misappropriation: Prevention and Litigation Cutting Edge Strategies, GT Webinar

•Presenter, California and Restrictive Covenants - Down but Not Out? Practising Law Institute Webinar

•Presenter, New Federal Courts Jurisdiction and Venue Clarification Act, Strafford Publications Webinar

•Speaker, New Removal and Venue Rules for Federal Courts: What Litigators Need to Know , Law Seminars International

•Panelist, Trade Secrets, American Intellectual Property Law Association (AIPLA), Mid-Winter Institute, Las Vegas, NV

•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

•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

•Co-Presenter, Trading Secrets: How to Adequately Protect Trade Secrets and Balance Employee Rights in California, State Bar of California Cyber Institute

•Presenter, Trade Secret Misappropriation: Prevention and Litigation Cutting Edge Strategies, GT Webinar

•Presenter, Monitoring the Revolving Door: Protecting Your Trade Secrets in Today's Economy, Webinar

•Presenter, Protecting Trade Secrets in Times of Increased Staff Mobility, National Resources Institute, National Live Teleconference with International Audience

•Presenter, Protecting Trade Secrets and Intellectual Capital, Computer Associates, Islandia, NY

•Co-Presenter, Expert Forum on Employment Trade Secret Protection & Litigation, American Conference Institute, Chicago, IL

•Presenter, Commercial Contracting/Outsourcing Update II, International Technology Las Association Annual Meeting & World Conference, Seattle, WA

•Presenter, Misappropriation of Trade Secrets and a Comprehensive Audit, 3M Worldwide, Minneapolis, MN

•Presenter, The Impact of Edwards v. Arthur Anderson, How it Will Affect Lawyers and Their Clients, Reedlogic Video Seminars

•Panelist, Trade Secrets, Advanced Labor and Employment Law Conference, Seyfarth Shaw LLP, Los Angeles, CA

•Presenter, Managing Trade Secrets to Achieve Competitive Advantage in a Global Economy, 3M Worldwide, Minneapolis, MN

•Presenter, Effective Strategies for Managing Trade Secrets, Society of Competitive Intelligence Professionals, Minneapolis, MN

•Panelist, Trade Secrets, Advanced Labor and Employment Law Conference, Seyfarth Shaw LLP, San Francisco, CA

•Presenter, Trade Secrets, A Legal Update, Society of Competitive Intelligence Professionals, New York, NY

•Presenter, Protecting Trade Secrets, Sacramento Area Human Resource Association, Sacramento, CA

•Presenter, Protecting Trade Secrets, Davis Area Technology Association, Davis, CA

Associated News & Events

Press-Releases

07.08.14 15 Greenberg Traurig Attorneys Included in 2014 Edition of Northern California Super Lawyers & Rising Stars

09.10.13 Greenberg Traurig's Kurt A. Kappes Selected for Sacramento Business Journal's Best of the Bar List

06.21.13 Greenberg Traurig Ranked in 2013 Legal 500 United States Guide; Recommended as 'Top Tier' Firm in Real Estate

10.16.12 Greenberg Traurig's Kurt Kappes to Speak at Association of Workplace Investigators' Conference

04.27.12 Greenberg Traurig's Kurt Kappes Invited to Join Litigation Counsel of America

04.20.12 Greenberg Traurig Attorney Kurt Kappes to Speak at PLI Webinar Titled 'California and Restrictive Covenants, Down but Not Out?'

02.08.12 Greenberg Traurig Signs 10-Year Lease for Additional Space at 1201 K Street

12.23.11 Greenberg Traurig's Labor and Employment Practice Recognized Among Law360's Employment Groups of the Year

01.28.10 Greenberg Traurig Named an 'Appellate Group of the Year' by Law360

Published Articles

03.29.12 Case Study: Pyro Spectaculars V. Souza (subscription)

Alerts

06.26.14 The GT M&A Report, Vol. 6 Ed. 1

05.19.14 California Court Broadly Defines What Information Can Qualify as a Trade Secret

05.08.14 Massachusetts Courts Tie the Very Existence of 'Trade Secrets' to Your Business Practices

03.19.14 Join the Party. Another California-based Former Employee Challenges Out-of-State Company's Non-Compete Provisions as Unfair Business Practice

08.03.12 Recent California Case Highlights Standards for Trade Secret Misappropriation Cases

12.14.11 President Signs Federal Courts Jurisdiction and Venue Clarification Act of 2011 into Law

11.16.11 Are Restrictive Covenants Enforceable in California? It Depends. (Also at San Francisco Office)

 
Reported CasesComplex Litigation/Class Action ; 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.; ANJ Construction v. Allstate : Represented Allstate in a case regarding fraudulent construction bonds. Summary judgment was granted.; Baker v. E*Trade : Defended E*Trade in purported class action alleging violations of various lending laws and consumer statutes.; BNSF v. ADM : Defended ADM in a dispute involving tariffs, storage and demurrage charges.; 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.; Cielinski v. Werner : Purported class action on behalf of thousands for breach of contract for changing pay of various driver-trainers.; 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.; Debra Roy v. Heald College : Represented Heald College in a class action case related to alleged tuition overcharges.; Doe v. National Retailer : Represented national retailer in purported class action alleging improper refunds.; 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.; eCommerce Industries, Inc. v. MWA Intelligence, Inc. : Represent software spin-off in Delaware Chancery action, alleging various tort claims arising from spin-off.; Farmers Rice v. Quaker Oats : Defended Quaker Oats in alleged breach of contract to purchase 4,000 tons of rice.; 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.; 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.; International Business Systems v. Cheeseworks : Represented software developer in contract dispute with importer/distributor.; Kellogg v. ADM : Represented ADM in a case alleging defective seeds.; 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.; Klemetson v. Winco Foods: ; Sandra Klemetson v. Winco Foods 1: Purported Class Action Alleging Violations of the Electronic Funds Transfer Act.; Steven Klemetson v. Winco Foods 1: Purported Class Action Alleging Violations of the Electronic Funds Transfer Act.; Sandra Klemetson v. Winco Foods 2: Additional Class Action Alleging Violations of the Electronic Funds Transfer Act.; Steven Klemetson v. Winco Foods 2: Additional Class Action Alleging Violations of the Electronic Funds Transfer Act.; La-Z-Boy v. Masashi-Noriko, Inc. : Represented the licensor in connection with the dispute over licensing agreements.; Lynn v. Blue Cross/Blue Shield Association : Received dismissal with prejudice of class action allegations against the client, Blue Cross/Blue Shield Association.; Manning v. E*Trade : Represented E*Trade in a multi-party case involving alleged naked short selling.; MWA Intelligence v. Tech AnyWare : Multi-jurisdictional action involving alleged breach of restrictive covenant and tortious interference with software licensing contract, and seeking several millions in lost sales, with trial in Delaware Chancery Court.; 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.; Reego v. La-Z-Boy : Represented the licensor in connection with the dispute over licensing agreements.; Reyes v. Bank of America, et al. : Represented the client in a class action case involving violation of TILA, which was later dismissed.; 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.; 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.; 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.; 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.; Teacher's Retirement Bd. v. Genest : Represented the client in an action to restore $500 million in pension benefits to the retired teacher's trust fund.; Urata v. Esquire : Represented the former owner of a 22 story building in a case alleging construction defects.; 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.; 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.; Xiong v. Lincoln National : Represented the client against bad faith and breach of contract claims. Received a unanimous defense jury verdict in federal court.; Zurich v. TransCal : Represented the client in a case against insurance brokers for commingling funds.; Zylab v. Soundtransit : Represented software provider in contract dispute with client. Trade Secrets/Unfair Competition/Employee Mobility ; Alcoa v. Doe : Advised Alcoa on trade secret issue relating to former employee.; 3M vs. ABC : Counseled 3M on trade secrets/restrictive covenant issues.; 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.; California Natural Foods v. Living Harvest : Defended Living Harvest against a case involving alleged misappropriation of trade secret formula in violation of NDA.; IGT v. XYZ Corp. : Investigated possible trade secret theft.; Institute of Technology v. DiGiacomo : Defended the client against a case involving alleged misappropriation of student list.; Micron v. ABC Corp. : Investigated possible trade secret theft.; Micron v. Does : Represented Micron in connection with ex-employees violating confidential information and nonsolicitation agreements.; Micron v. Doe : Investigated possible trade secret theft.; Nicole Wilson; Rosetta Stone LTD v. Open English LLC : Represented Open English in a multi-jurisdiction trade secret case (Florida and California) including a California declaratory relief claim under a non-compete agreement.; PSC v. Does : Represented PSC in connection with possible employee raiding and trade secret claims.; 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.; Pyro Spectaculars, Inc.; Pyro Spectaculars North, Inc.; and Pyro Events, Inc. v. Steven Souza : Assisted client in filing action for trade secret misappropriation and obtained preliminary injunction.; Rewards Network v. Acacia, et al. : Assisted client in obtaining injunctive relief against use of trade secrets.; Sara Lee v. Albrecht : Represented Sara Lee in connection with ex-employees violating confidential information and nonsolicitation agreements in Nevada and New Mexico.; Selling Source v. Does : Investigated potential trade secret theft.; Stephanie Allen; Rosetta Stone LTD v. Open English LLC : Represented Open English in a multi-jurisdiction trade secret case (Florida and California) including a California declaratory relief claim under a non-compete agreement.; Storage Kraft v. Kirby : Represented client in a multi-jurisdictional trade secret action involving software brought to enforce third party discovery.; US Tower et al. v. Wifieye, Inc. : Prosecuted claims for trade secret theft involving security technology.; Veeco v. DEF Corp. : Investigated possible trade secret theft; Veeco v. ABC Corp. : Investigated possible trade secret theft.; Vitek v. Countrywide : Defended Countrywide against alleged misappropriation of trade secrets and employee raiding.; VPS v. Le : Represented plaintiff in pursuing trade secret and related claims in a case involving proprietary formulations for extending shelf life for produce products.; Washington Mutual v. Countrywide : Defended Countrywide against alleged misappropriation of trade secrets and employee raiding.; Westcliff v. Seacliff : Investigated possible trade secret theft.; 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 ; Beebout v. Sunsweet : Defended the client from claims of disability discrimination and wrongful termination.; Bravo v. Countrywide : Defended the client on a wrongful termination case brought by a former employee.; 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.; Calderon v. HDR, Inc. : Defended the client from claims of sexual harassment and national origin discrimination.; Caroline Sanders v. eCommerce Industries, Inc. : Wrongful termination case, alleging pregnancy discrimination.; Clark v. HDR: Defend client in a case alleging racial discrimination.; Coria v. J.G. Boswell : Resolved a class action case for vacation pay brought under California law.; Doe v. Countrywide : Represented Countrywide in SOX proceeding and subsequent arbitration.; Findlay v. Countrywide : Represented Countrywide in a wrongful termination case brought by a former employee.; Fineman v. Sunsweet : Represented the client in a case involving an alleged whistleblower claim by the former CEO.; Fish v. Doe Corp. : Defended the client from whistleblower claims brought by former employee.; Galindo v. SacBee : Assisted in class action alleging that carriers should be classified as employees rather than independent contractors.; Gauna v. Countrywide : Represented the client in a wrongful termination case brought by a former employee.; Junkin v. Countrywide : Represented the client in a wrongful termination case brought by a former employee.; Lazo v. Heald College : Represented the client in a wrongful termination case alleging retaliation for an employee complaining of alleged sexual harassment.; Lemaster v. Zurich : Defended the client from claims of retaliation for FMLA leave and discrimination on the basis of mental disability.; Lustgarten v. HDR : Defended client in wrongful termination case brought by plaintiff.; Moles v. Cargill : Defended client in wrongful termination case brought by former employee.; Montalvo v. Werner : Defended client in wage and hour class action.; Morgan v. Cargill : Defended client in wrongful termination case brought by former employee.; Murphy v. JB Hunt : Defended the client from claims of disability discrimination.; Neubauer v. Countrywide : Defended the company on alleged wrongful termination claims brought by a former employee.; Padilla v. PGP : Defended client on a DFEH charge relating to failure to accommodate.; Ramsey v. HDR, Inc. : Defended the client against claims of wrongful termination, pregnancy discrimination and taking family medical leave.; Remy v. HDR : Defended the client in a case involving sexual harassment and hostile environment claims.; 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.; Solis v. VSP : Defended the client in an alleged wrongful termination case brought by a former employee.; Sunsweet v. Teamsters : Represented the client at multiple arbitrations.; 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.; 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 ; A.H. Belo Corporation v. Southern Methodist University : 734 S.W.2d 720 (1987); Agnew v. E*Trade: Opinion , 2011 WL 4017931(E.D. Pa, September 9, 2011); American Board of Cosmetic Surgery v. Medical Board : 162 Cal.App.4th 534 (2008); Flynn v. Paul Revere : Argument in the 9th Circuit, 2001, 2 Fed. Appx. 88; Greg Manning v. Merrill Lynch et al. (US Court of Appeals for the Third Circuit, Case No. 13-3693). Interlocutory appeal of denial of remand of securities class action.; Kennedy v. Baxter : Opinion, 43 Cal.App.4th 799 (1996); Lynda Butler v. Winco Foods, LLC (US Court of Appeals for the Ninth Circuit, Case No. 13-55862). Appeal from judgment dismissing ADA claims as moot.; Teachers Retirement Board v. Genest : 154 Cal.App.4th 1012 (2007); Wierzba v. E*Trade : Brief in the 9th Circuit, 2010, 10-16032; Wells v. One2One Foundation : Argument and opinion in the California Supreme Court, 39 Cal.4th 1164 (2006); Wells v. One2One Foundation : Argument and opinion in the 3rd District Court of Appeal, 39 Cal.4th 1164 (2006) Published and Unpublished Decisions ; Agnew v. E*Trade : 2011 WL 4017931 (E.D. Pa, September 9, 2011); A.H. Belo Corporation v. Southern Methodist University : 734 S.W.2d 720 (1987); Allstate Life v. Dall : 2009 U.S. Dist. Lexis 100401 (E.D. Cal., October 28, 2009); American Board of Cosmetic Surgery, Inc. v. Medical Board of California : 162 Cal.App.4th 534 (2008); Cervantes v. Metropolitan Life : 338 F Supp. 2d 1164 (2005); Covenant Transport v. State : 2009 WL 2054701 (Cal.App.3rd, July 16, 2009); Davis v. Culinary Academy : 2008 WL 4196587 (Cal. App.1st, September 15, 2008); eCommerce Industries, Inc. v. MWA Intelligence, Inc. : 2013 WL 5621678 (Court of Chancery of Delaware, October 4, 2013); Flynn v. Paul Revere : 2001 WL 80408 (9th Cir., Jan 30, 2001); Funcat Leisure Craft, Inc. V. Johnson Outdoors Inc. : 2007 WL 704928 (E.D. Cal., March 6, 2007); Funcat Leisure Craft Inc. v. Johnson Outdoors Inc. : 2007 WL 273949 (E.D. Cal., January 29, 2007); Gordon v. La-Z-Boy : 2007 WL 1101456 (E.D. Cal., April 12, 2007); Lawrence v. Caplan : 2011 WL 176894 (N.D. Cal., January 19, 2011); Kelley v. Crate & Barrel, Inc. : 2008 WL 2233568 (E.D. Cal., May 28, 2008); Kelley v. Crate & Barrel, Inc. : 2008 WL 223718 (E.D. Cal., January 28, 2008); Kennedy v. Baxter Healthcare Corporation : 43 Cal.App.4th 799 (1996); Manning v. E*Trade: 2013 WL 1164838 (D.N.J.); Manteca Trailer v. Roadtrek : 2009 WL 54577 (E.D. Cal., August 8, 2009); Pyro Spectaculars North, Inc. v. Steven Souza : 861 F. Supp.2d 1079 (E.D. Cal. 2012); Remy v. HDR Engineering : 2005 WL 1925902 (E.D. Cal., August 8, 2005); Teachers Retirement Board v. Genest : 154 Cal.App.4th 1012 (2007); Wells v. One2One Learning Foundation : 39 Cal.4th 1161 (2006); Williams v. Bank of America : 2006 U.S. Dist. Lexis 71176 (E.D. Cal., September 29, 2006); Williams v. Bank of America : 2006 U.S. Dist. Lexis 33989 (E.D. Cal., May 26, 2006); Wilson v. Sunsweet Growers : 2007 WL 2418736 (E.D. Cal., August 24, 2007); Xiong v. Lincoln National Life Ins. Co. : 2009 WL 154928 (E.D. Cal., August 8, 2009) Some of the above representations were handled by Mr. Kappes prior to his joining Greenberg Traurig, LLP.
 
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California Court Broadly Defines What Information Can Qualify as a Trade Secret
Koray Bulut,Kurt A. Kappes, July 14, 2014
A California appeals court recently explored some of the outer contours of trade secret law, and held that designs and ideas are protectable as trade secrets. In doing so, it affirmed a $5 million judgment awarded to a small Silicon Valley technology company. See Altavion, Inc. v. Konica Minolta...

Massachusetts Courts Tie the Very Existence of 'Trade Secrets' to Your Business Practices
Kurt A. Kappes,James P. Ponsetto,David G. Thomas, May 19, 2014
Companies value their trade secrets but must also take “reasonable measures” to keep that information secret in the event the company needs to protect it through the Massachusetts Court System. Failing to do so may render even the most valuable trade secrets unprotectable. Therefore, it...

Join the Party. Another California-based Former Employee Challenges Out-of-State Company's Non-Compete Provisions as Unfair Business Practice
Kurt A. Kappes,Daniel T. McCloskey, March 26, 2014
A complaint recently filed in the Northern District of California illustrates the issues that can arise when out-of-state companies require California-based employees to agree to their standard non-compete, no-hire and non-solicitation provisions. A former employee of a medical device company is...


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Kurt A. Kappes

1201 K Street, Suite 1100
SacramentoCA 95814




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