Cathy Lui, a partner in the San Francisco office, is a member of the Complex Litigation and Dispute Resolution group. Cathy primarily specializes in trade secrets litigation, and has particular expertise in obtaining and defending against temporary restraining orders and preliminary injunctions under exigent circumstances in fast-paced trade secret actions. 

Cathy’s practice is across multiple jurisdictions in both federal and state courts, and involves a variety of different types of trade secrets including technical secrets, financial information, and products and sales information.  She has significant experience in trade secret actions arising from the Defend Trade Secrets Act ("DTSA"), which created the first federal civil misappropriation of trade secrets claim in May 2016.  Cathy has been involved in some of the earliest DTSA litigation, helping her clients shape DTSA law.  Her practice crosses all industries and sectors including biotech, retail, and financial services, among others.  Cathy’s trade secret practice often involves parallel criminal proceedings.  She represents plaintiffs as often as defendants in trade secret actions.  In addition, Cathy also practices complex commercial litigation including breach of contract, fraud, and employee mobility cases. 

Cathy regularly speaks and writes about trade secrets litigation. She is an editor of Orrick's trade secrets blog, Trade Secrets Watch.

Cathy is very involved in diversity and inclusion initiatives and the legal community. She is co-chair of the Bay Area Asian American Bar Association Judiciary Committee. She is also active in the California Minority Counsel Program, and the Firm's Asian American Affinity Group, hiring, and recruiting committees. Cathy also dedicates a significant amount of time to pro bono matters. In an asylum merits hearing, she successfully represented a Salvadoran religious activist who was persecuted by gangs that dominate El Salvador. For her work on this matter, the Lawyers Committee for Civil Rights awarded Cathy the Father Cuchulain Moriarity Award. In addition, the Justice & Diversity Center of the Bar Association of San Francisco recognized Cathy as an Outstanding Volunteer in Public Service in 2014 through 2016 for her work with helping homeless clients remove outstanding warrants, which serve as barriers for housing and employment.

  • Cathy's notable engagements include the following:

    • Successfully defended Scopely, Inc., a gaming company, in defeating a TRO and preliminary injunction sought by Zynga in one of the first DTSA cases in Northern District of California.
    • Represented AllCells, LLC, a biotech company specializing in stem cell blood products, in successfully obtaining a preliminary injunction against former employees who started a competing company in an early DTSA case.  AllCells also successfully defeated a motion to dismiss based on the effective date of the DTSA. 
    • After a three-day evidentiary hearing, successfully represented two subsidiaries of Williams-Sonoma, Inc. in obtaining a preliminary injunction against a former executive and his new employer from using plaintiffs' trade secrets.
    • Represented Oracle America, Inc. in defending against a $6.6 billion breach of contract, fraud, false claims act, and civil RICO claims brought by the State of Oregon. The matter resolved very favorably to Oracle.    
    • Represented medical devices leader Varian Medical in successfully obtaining a preliminary injunction after an evidentiary hearing against its biggest competitor, Elekta, in a trade secrets action.  The injunction included the rarely-granted enjoinment that forced a senior VP of Elekta to stop sales activity related to Varian’s customers.
    • Represented Toyota Motor Credit Corporation in successfully obtaining a preliminary injunction against a former employee who misappropriated Toyota's trade secrets.
    • Represented semiconductor manufacturer Nanya Technology Corporation and Nanya Technology Corporation USA in DRAM antitrust price-fixing cases, including actions brought by direct and indirect purchasers, U.S. government entities, and the European Commission.
    • Represented Nanya Technology Corporation in patent infringement defense before Northern District of California and International Trade Commission.  

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