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Michael D. Lane has deep litigation experience in state, federal and administrative courts, including matters before the California Supreme Court and the California Labor Commissioner. He has represented clients in many class action and single-plaintiff litigation cases involving contracts, labor and employment, intellectual property, unfair competition and regulatory matters.

Michael has also handled intellectual property litigation, where he represented clients in both California and Texas state and federal courts.

Concentrations
  • Commercial Litigation
  • Complex Litigation
  • Trade Secrets/Unfair Competition/Employee Mobility
  • Contract Disputes/Business Torts
  • Labor and Employment
  • Franchise Law
  • Products Liability
  • Class Action
  • Intellectual Property Litigation

Capabilities

Experience

  • 3M Company and 3M Innovative Properties Company v. ACS Industries, Inc. (U.S. District Court of Minnesota): Represented 3M in action for misappropriation of trade secrets, unfair competition and tortious interference against a competitor.
  • Nicole Wilson; Rosetta Stone LTD v. Open English LLC: Represented Open English in a multi-jurisdiction trade secret case (Florida and California) including a California declaratory relief claim under a non-compete agreement.
  • Stephanie Allen; Rosetta Stone LTD v. Open English LLC: Represented Open English in a multi-jurisdiction trade secret case (Florida and California) including a California declaratory relief claim under a non-compete agreement.
  • NFP Retirement, Inc. v Kyle Posvistak et al: Represented plaintiff company in seeking injunctive relief against departing employees taking confidential customer information.
  • Caroline Sanders v. eCommerce Industries, Inc.: Wrongful termination case, alleging pregnancy discrimination.
  • Clark v. HDR: Defended client in a case alleging racial discrimination.
  • La-Z-Boy Incorporated v. Masashi-Noriko, Inc.: Represented client in litigation involving franchise, contractual, and quasi-contractual disputes.
  • Salvesen v. La-Z-Boy Incorporated.: Represented client in litigation involving franchise, contractual, and quasi-contractual disputes.
  • EPI Solution Technology Co., et al.v. Veeco Instruments, Inc.:Represented client in litigation involving international contractual and quasi-contractual disputes.
  • Toolco Industrial Corp. v. Bowen & Groves, Inc., et al.:Defended client in litigation involving contractual and quasi-contractual disputes.
  • eCommerce Industries, Inc. v. MWA Intelligence, Inc.: Represented client in multi-district litigation involving contractual and quasi-contractual disputes.
  • Estepp v. 3M Electronic Monitoring, Inc., et al.: Defended client in litigation involving product liability claims.
  • DiVincent v. DiVincent: 2013 WL 6234619 (N.D Cal, December 2, 2013)
  • eCommerce Industries, Inc. v. MWA Intelligence, Inc.: 2013 WL 5621678 (Court of Chancery of Delaware, October 4, 2013)
  • Invalidated all asserted claims in reexamination proceedings while representing a consumer electronics developer, Microsoft, and Yahoo! in patent litigation relating to digital media.
  • Represented consumer electronics developer in patent litigation.
  • Represented consumer electronics developer and a newly hired employee in trade secret litigation.
  • Obtained summary judgment of invalidity of seven of nine independent claims for consumer electronics developer in patent litigation.
  • Function Media v. Yahoo!. Defended Yahoo! against suit accusing Yahoo!’s internet advertising methods of infringing two patents.

Recognition & Leadership

  • Member, American Bar Association

Credentials

Education
  • J.D., University of California at Berkeley School of Law (Boalt Hall)
    • Prosser Prize, Patent Law, 2004
  • B.A., History, University of California at Santa Barbara
Admissions
  • California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California

Related Capabilities

Litigation Trade Secrets