Bradford Newman

Bradford Newman

Partner
Baker & McKenzie LLP

Biography

Bradford Newman is a litigation partner resident in Baker McKenzie's Palo Alto Office and Chair of the North America Trade Secrets Practice. According to Chambers USA, Brad is a "recognized authority on trade secrets cases" who "is valued for his tenacious, intelligent and thoughtful approach to trade secrets matters." Bradford regularly 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 secrets cases in state and federal courts throughout the country. He routinely advises and represents the world's leading technology, banking, professional service, manufacturing and commerce companies in connection with their most significant data protection and trade secret matters. Bradford 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.

Practice Focus

Bradford specializes in matters related to trade secrets, Artificial Intelligence, Decentralized Finance (DeFi), Smart Contracts, Blockchain and Cryptocurrency. He is the Chair of the AI Subcommittee of the ABA. Recognized by the Daily Journal in 2019 as one of the Top 20 AI attorneys in California, Bradford has been instrumental in proposing federal AI workplace and IP legislation that in 2018 was turned into a United States House of Representatives Discussion Draft bill. He has also developed AI oversight and corporate governance best practices designed to ensure algorithmic fairness. Brad also serves as outside general counsel to one of the world's leading DeFi projects.

Representative Legal Matters

  • Represented Sundae, Inc. in a multimillion dollar trade secret dispute brought by a competitor in San Francisco Superior Court.

  • Represented Google LLC in a case of first impression under Section 230 of the Communications Decency Act, obtained a complete dismissal for a global platform against alleged violations of California’s Consumer Legal Remedies Act and Unfair Competition Law relating to putative nationwide class claims that "loot boxes" in video game apps constitute unlawful gambling devices. See Coffee v. Google, N.D. Cal., Case No. 20-cv-03901-BLF.

  • Represented Acorns Advisors LLC in securing a complete dismissal at summary judgment of a nine-figure dispute. While seeking a business relationship with defendant Acorns Advisers, LLC, plaintiff Michael Lane Fields shared ideas with Acorns that plaintiff claims Acorns later used. Plaintiff sued Acorns for compensation under an implied contract theory. The trial court granted Acorns summary judgment. After Plaintiff appealed, the California Court of Appeal upheld the trial court's grant of summary judgment, citing extensively to the Plaintiff's own admissions obtained during cross-examination in holding that the Plaintiff failed to show a triable issue as to whether a contract existed. The Court of Appeal further held that the evidence shows the Plaintiff shared his ideas with Acorns for the purpose of establishing a future business relationship and not with the intention of selling them. See Fields v. Acorns Advisors LLC.

Prior to joining the Firm, Bradford handled the following matters:

  • Represented the world’s largest ride-sharing company in a high profile trade secrets case filed by a competitor.

  • Represented the world’s largest electronic game company in an interrelated series of lawsuits relating to the development of the best-selling Call of Duty video game series.

  • Represented a major Hollywood studio accused of poaching a producer of Academy Award winning motion pictures.

  • Represented Cypress Semiconductor in a multi-million dollar stock claim brought by a former employee and obtained a complete defense verdict at trial.

  • Represented Zynga in the largest trade secret case in history of social gaming.

  • Represented Thermo Fisher Scientific in several trade secret cases.

  • Represented Agilent Technologies, Inc. in Delfino v. Agilent Technologies, Inc., 145 Cal.App.4th 790 (2006), creating new law under Section 230(c)(1) of the Communications Decency Act.

Professional Honors

  • Chambers USA (multiple years)
  • Legal 500 (multiple years) 
  • Daily Journal Top 20 AI Attorney, 2019
  • Daily Journal Top 20 Trade Secrets Attorney, 2019

Professional Associations and Memberships

  • ABA Employment Litigation Subcommittee - Past Chair
  • ABA Business Law Section's National Annual Review - Founder and Editor, Employee Mobility, Restrictive Covenants and Trade Secrets Chapter
  • GiveLocally.net - Founder

Corporate Responsibility

Bradford is Founder of GiveLocally.net, which raises money for pre-screened families in need and delivers the assistance in-kind.

Admissions

  • U.S. Court of Appeals, District of Columbia Circuit~United States (1999)
  • U.S. Court of Appeals, Sixth Circuit~United States (1997)
  • California~United States (1995)

Education

  • University of California, Hastings College of the Law (now University of California, College of the Law) (JD) (1995)
  • University of Pennsylvania (BA) (1992)

Languages

  • English

Firm Committee Memberships

  • North America Trade Secrets Practice - Chair