Sebastian Kaplan Email & Phone Number

California, United States

San Francisco, California, United States

Oakland, Ca

Litigating complex construction and commercial disputes.

San Francisco Bay Area

• Represented public construction company in breach of contract and fraud arbitration against former executive; second-chaired two week arbitration, including direct and cross-examinations. • Defended non-profit in breach of contract action; first-chaired four-day bench trial.• Represented game developer in $10 million arbitration, which settled after favorable ruling on dispositive motions.• Managed claims against the firm and developed internal policies and procedures for legal compliance.

San Francisco

• Represented clients bringing and defending against trade secret misappropriation and Computer Fraud and Abuse Act claims;• Represented clients in cases involving claims of trademark infringement, trademark dilution, false advertising, cybersquatting, and unfair competition under the Lanham Act and similar state laws;• Defended clients against copyright infringement claims;• Drafted, responded, and negotiated cease and desist letters based on copyright, trademark, and other causes of action; Key member of teams that:• Defended Nimble Storage, Inc., from allegations of trade secret misappropriation and violations of the Computer Fraud and Abuse Act brought by competitor NetApp, Inc. • Litigated and settled a complex trademark dispute involving leading Mexican cleaning products manufacturer, Industrias AlEn S.A. de C.V., and its American subsidiary, AlEn USA LLC, against The Clorox Company regarding infringement and dilution of household cleaning brands. • Won provisional relief to enjoin efforts to gather competitive intelligence and trade secret information through pretexting and corporate espionage for SuccessFactors, Inc., against competitor Halogen Software, Inc., and obtained favorable settlement for SuccessFactors. • Resolved a software copyright dispute against downstream customers of Chordiant Software, Inc., resulting in favorable settlement of claims.

• Prepared bench memoranda and aided judge by evaluating opinions for possible en banc review. • Assisted drafting opinions, including dissenting opinions, unpublished decisions, and memoranda recommending action in en banc cases. Topics included contract, antitrust, securities fraud, bankruptcy, evidence, constitutional claims, immigration, criminal appeals and habeas petitions.• Assisted drafting speeches. Topics include writing for appellate judges, religion in the public square, dissents from denials of rehearing en banc, and justiciability.

• Practiced in the Complex Commercial Litigation group. Performed significant work on 11 cases in patent, securities, insurance recovery, and trademark litigation.• Coordinated third party discovery in complex patent litigation, including supervision of nearly 100 subpoenas. Negotiated with third parties’ counsel on more than a dozen subpoenas and provided strategic advice for attorneys responsible for remaining subpoenas.• Drafted summary judgment motion, motions to compel, discovery motions, discovery requests, privilege logs, and numerous research memoranda. • Managed document review process for major litigation, including tracking review decisions and maintaining consistency and quality among document reviewers.• Represented indigent clients pro-bono in unlawful detainer cases and automobile accident cases. Took defendant’s deposition. Drafted discovery and motions. Negotiated favorable settlements.

• Researched and wrote memoranda, primarily in intellectual property and securities groups.

• Directed College Admissions Prep Camp for 71 high-school students. Responsibilities included hiring and supervising staff, designing curricula and schedules, and maintaining a safe and educational atmosphere.

• Managed and trained 20-30 undergraduate tutors in the Writing Workshop.• Edited student writing and worked closely with English-as-a-second-language (ESL) students.

• Awarded competitive grant by Wesleyan University for summer internship at the General Accounting Office. • Acted as an analyst in the Education, Workforce, and Income Security Team. Researched Native American public schools, the Office of Student Financial Aid, and veterans’ benefits.

J.D.

B.A.

Education record