Bradford K. Newman
is a partner who serves as chair of the Employment Law Department for Paul Hastings in Silicon Valley, leads the firm's International Employee Mobility and Trade Secret practice, is vice chair of the ABA Employment Litigation Subcommittee, and is founder and Editor of the Employee Mobility, Restrictive Covenants and Trade Secrets Chapter in the ABA Business Law Section's National Annual Review. Mr. Newman is consistently selected by peers and colleagues as a leader in the profession.
In connection with his national practice spanning many industries, Mr. Newman routinely serves as lead trial counsel, and has successfully litigated a broad spectrum of trade secret, employee mobility, whistle-blower, employment, wage and hour and traditional labor law cases in state and federal courts, in arbitration, and before the National Labor Relations Board. He has argued cases before the California Court of Appeal and the Ninth Circuit Court of Appeals. Recent and representative high-profile successes include:
Multiple Trade Secret, Non-Compete and Employee Mobility Successes
. Over the past several years, has advised and represented the world’s leading technology, banking, professional services and commerce companies in significant trade secret counseling and litigation (defending and prosecuting) matters and employee mobility disputes. A small survey of the many companies who seek out Mr. Newman for his trade secret and employee mobility expertise in the most challenging circumstances include:
- a leading global Internet services brand and one of the most trafficked Internet destinations
- one of the nation's largest insurance brokers
- national banking and financial services institutions
- the world’s top semiconductor companies
- the world's leading manufacturers
- a leading healthcare management services provider
- a global consumer computer manufacturer.
. Served as lead counsel at trial, in arbitration and at the summary judgment phase. Notable recent victories include:
Evans v. Cypress Semiconductor Corporation
. Lead defense counsel in a case involving a multimillion-dollar stock claim brought by a former employee against Cypress Semiconductor Corporation. At the conclusion of trial, Mr. Newman successfully obtained a defense verdict as to all of the employee's claims.
Rajpal v. Cypress Semiconductor Corporation
. Lead defense counsel in a case involving multimillion-dollar fraud and contract claims brought by a former employee against Cypress Semiconductor Corporation. At the conclusion of arbitration, Mr. Newman successfully obtained a defense verdict as to all of the employee’s claims.
Litigating Cases of First Impression
“Company not liable for worker’s web threats”
Sarbanes-Oxley, Corporate Governance and Whistle-blower Expertise
- This National Law Journal headline reported about a case of first impression that Mr. Newman litigated through the trial court and appellate phases. As a result of Newman’s efforts, employers across the country now enjoy broad immunity from lawsuits based on employees’ alleged misuse of the employer’s computer systems.
- In the widely publicized case of Delfino v. Agilent Technologies, Inc., 145 Cal.App.4th 790 (2006), review denied (2007), Mr. Newman convinced a unanimous panel of the Sixth District California Court of Appeal that Agilent Technologies could not be held responsible for threatening messages allegedly sent from its computer network by a one-time employee.
- Mr. Newman successfully argued that Section 230(c)(1) of the Communications Decency Act provides broad immunity to employers who provide access and facilitate Internet content.
- No court had ever held the immunity conferred under section 230(c)(1) applied to employers who provide employees Internet access.
Mr. Newman regularly provides employers, audit committees and boards of directors with advice on complex Sarbanes-Oxley and state-law whistle-blower issues, and with regard to internal corporate investigations involving claims of executive or director misconduct.
- He also is experienced in litigating SOX 806 retaliation claims before OSHA. For example, he recently obtained a dismissal by OSHA of a charge filed against Washington Mutual Bank.
- Mr. Newman has served as a legal writing and research instructor at Hastings College of the Law; has published on a wide variety of employment-related topics; is frequently invited to present to employer, business and professional groups around the country; and has testified on behalf of employer associations before the State Assembly and Senate against legislationviewed as adverse to business.