Cathy Lui concentrates on trade secrets litigation representing both plaintiffs and defendants in the tech, financial services, and retail industries. Cathy has a particular focus on obtaining and defending against temporary restraining orders and preliminary injunctions under exigent circumstances in fast-paced trade secret actions.

Cathy has significant experience in 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 helped shape DTSA law on behalf of her clients through her involvement in some of the earliest DTSA litigation.  Many of her trade secrets cases involve parallel criminal proceedings. Cathy also engages in complex commercial litigation including employee mobility, breach of contract, and fraud cases. 

Cathy is an editor and contributing author of Orrick's trade secrets blog, Trade Secrets Watch, and regularly speaks and writes about trade secrets litigation.  Cathy currently serves as the Co-Vice Chair of the Trade Secrets Interest Group of the California Lawyers Association's (formerly of the California State Bar) Intellectual Property Section. 

Cathy is very involved in diversity and inclusion initiatives. She is Co-Chair of the Bay Area Asian American Bar Association Judiciary Committee and is also active in the California Minority Counsel Program, and the Firm's hiring, and recruiting committees.   In addition, Cathy serves as the partner lead for the Firm's Asian American Affinity Group. 

Cathy's dedication to pro bono service was demonstrated by her work in an asylum merits hearing representing a Salvadoran religious activist persecuted by gangs in El Salvador. For her work on this matter, the Lawyers Committee for Civil Rights honored Cathy with 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 barring them from access to housing and employment.

  • Cathy's notable engagements include the following:

    • Zynga v. Scopely, Inc.  Defended Scopely, 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.
    • Fox v. Netflix.  Currently defending Netflix in a novel employee mobility case regarding the validity of fixed-term contracts used with business executives at Fox.
    • Williams-Sonoma v. Arhaus.  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.  The court granted the injunction after a three-day evidentiary hearing in which Cathy conducted direct and cross-examinations of key witnesses. 
    • AllCells v. Cepheus.  Represented AllCells, a biotech company, in obtaining a preliminary injunction against a competitor formed by two former employees in one of the first DTSA cases in Northern District of California.
    • CP Kelco v. Yuan.   Defended an individual client against allegations of trade secrets relating to gellan gums and biogums.  Cathy served as second chair of a jury trial in San Diego Superior Court, and successfully limited plaintiff's recover to less than four percent of the claimed $25M in damages.
    • State of Oregon v. Oracle.  Defended Oracle 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.   
    • Varian Medical v. Elekta.  Represented medical devices leader Varian in obtaining a preliminary injunction after an evidentiary hearing against its biggest competitor 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. 
    • Toyota Motor Credit Corporation v. Amera.  Successfully obtained preliminary injunction on behalf of Toyota against a former employee who misappropriated Toyota's trade secrets.

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