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Overview

Carolyn Luedtke focuses her practice on complex civil litigation, with a particular emphasis on intellectual property law, sports, media and entertainment matters and technology disputes.

Her clients include major technology and entertainment companies as well as the NCAA. She has achieved success for clients through motions practice, trials and arbitration.

Carolyn delivers tangible solutions that enable clients to execute their business strategies. Whether saving a videogame from being enjoined or securing a court ruling that permits a client to hire an executive, she remains dedicated to achieving real results that empower clients to innovate, produce and succeed.

Background Pattern
Background Pattern

Experience

Intellectual Property – Trade Secret, Copyright and Trademark Litigation

Carolyn has significant experience in trade secret matters, both in situations involving employee mobility, where individuals move from one competitor to another, and in cases involving allegations of trade secret theft in connection with business relationships, non-disclosure agreements, joint ventures, due diligence and partnerships. Carolyn also has an active practice counseling clients on trade secret protection plans, as well as conducting investigations into the potential theft or receipt of trade secret information.

She also advises clients in significant copyright and trademark litigation.

Trade Secret and Employee Mobility

Snap in winning a motion to dismiss trade secret and related claims related to the SnapMaps application.

Intel in obtaining temporary restraining orders and preliminary injunctions against engineers who misappropriated trade secrets and confidential information and then destroyed evidence to cover it up.

First Student in winning a motion to dismiss and motion challenging the adequacy of a trade secret disclosure in a trade secret case brought by a competitor in the school bus business.

Ten-X in obtaining a preliminary injunction against a former executive and a competitor based on allegations of trade secret misappropriation, breach of an Invention Assignment Agreement, breach of fiduciary duty and breach of confidentiality agreement. The case was ultimately settled for a cash payment, continued injunction, and a public apology.

ABC in defeating an effort by CBS to enjoin the reality show “The Glass House” based on, among other things, allegations that the producers of “The Glass House” took trade secrets about reality television production from their former employment at CBS working on its show “Big Brother.”

Air Lease Corporation in resolving allegations of trade secret theft, aiding and abetting breach of fiduciary duty and unfair competition relating to the formation of the company by Steven Udvar-Hazy after he retired from competitor ILFC, a subsidiary of AIG.

Applied Materials, Inc. in obtaining voluntary dismissal of litigation filed by ASM America, Inc., in an Arizona federal court that sought to enjoin a former ASM employee from working for Applied. Carolyn later moved for attorneys’ fees in federal court and on the eve of that hearing, the parties reached a confidential settlement.

Intel in obtaining dismissal of a trade secret case wherein plaintiff alleged misappropriation of purported trade secrets that he disclosed during due diligence discussions. The case was affirmed by the Court of Appeals following briefing and argument.

A top Silicon Valley technology executive in obtaining a favorable settlement in litigation over the enforceability of a non-competition agreement, allowing the executive to commence work at a new job.

A venture capital firm and its partner in winning a motion to dismiss with prejudice a lawsuit alleging trade secret misappropriation and ten other causes of action, including CFAA, RICO and related state law claims related to the alleged theft of intellectual property by an inventor who joined a company the venture capital firm invested in and allegedly disclosed the trade secret to the venture capital firm in due diligence.

Copyright and Trademark

Disney, Lucasfilm and Marvel in obtaining a preliminary injunction against Redbox regarding its unauthorized sale of digital codes sold in DVD “Combo Packs.”

Companies in the videogame industry in numerous successful copyright cases.

Versace in winning summary judgment and a permanent injunction in a case against Versace 19.69 Abbgliamento Sportivo, an unrelated company, alleging trademark infringement and unfair competition claims.

Complex Civil Litigation – Trials and Class Actions

Carolyn has extensive experience handling complex civil litigation, including antitrust matters and class actions, and has taken more than 10 matters to trial and arbitration.

Among her noteworthy trials, she represented:

NCAA in the O’Bannon litigation where a certified class of current and former Division I college football and men’s basketball players asserted antitrust and intellectual property claims relating to NCAA rules that precluded student-athletes from being paid for the alleged use of their name, image and likeness.

Rambus in multiple closely watched jury and bench trials in federal court over the course of eight years involving Rambus’s assertion of patent claims against various semiconductor companies and the antitrust, contract, trade secret and unclean hands counterclaims and defenses that were asserted in response. These trials included a jury trial victory on antitrust claims that was named one of the Daily Journal’s top defense verdicts that year.

Verizon in various administrative trials for before the California Public Utilities Commission seeking approval for acquisitions or sales of assets.  In one such proceeding, Carolyn was a senior member of the trial team that obtained approval for Verizon’s $7 billion acquisition of TracFone.

Education
Harvard Law School (J.D., 1999) magna cum laude
Princeton University (B.A., 1994) magna cum laude
Clerkships
Judge William W Schwarzer, U.S. District Court, Northern District of California, 1999-2000
Admissions
California

More

  • The Best Lawyers in America, 2024-2026
  • 500 Leading Litigators in America, Lawdragon, 2022-2025
  • Women Leaders in Tech Law, The Recorder, 2017, 2019, 2023
  • Top Trade Secrets Lawyer, Daily Journal, 2018-2023
  • Mentor of the Year, MTO Mentorship Awards, 2013, 2023
  • Top Intellectual Property Lawyers, Daily Journal, 2019
  • Top Women Lawyers, Daily Journal, 2017

Publications

  • Quoted, “US FT Votes Through Non-compete Clause Ban Spelling Uncertainty for Trade Secret Strategy,” IAM Trade Secrets, April 25, 2024
  • Interviewed, “A Masterclass in Trial Considerations from a Top-Tier Trade Secrets Litigator,” IAM Trade Secrets, March 21, 2024
  • Quoted, “Stopping Trade Secret Theft Starts With Building a ‘Culture of Understanding,’” Corporate Counsel, March 13, 2024
  • Quoted, “Layoffs of Hybrid, Remote Workers Spur New Trade Secrets Liability Risk,” WorkLife, March 4, 2024
  • Interviewed, “Women Leaders in Tech Law: Carolyn Hoecker Luedtke, Oct. 9, 2023
  • Quoted, “‛Bad Spaniels’ Dog Toy Maker Must Face Infringement Claim by Jack Daniel’s,” IP Law Daily, June 8, 2023
  • Quoted, “How Business Owners Can Protect Their Intellectual Property Without Noncompete Agreements,” magazine, Jan., 24, 2023
  • Interviewed, “The FTC Moves to Ban Non-Compete Clauses,” Marketplace Morning Report podcast, Jan. 6, 2023
  • Quoted, “A Game of Secrets,” World IP Review, 2022
  • Co-Author, “InteliClear and the Future of CUTSA’s Pre-Discovery Requirements in Federal Court,” Daily Journal, April 21, 2021

Speaking Engagements

  • Panelist, Practising Law Institute (PLI), Advanced Trade Secrets 2023: New Challenges, New Solutions, and New Opportunities, “Avoiding and Defending Against Claims of Misappropriation,” Oct. 17, 2023
  • Panelist, Daily Journal Trade Secrets Forum, September 2019
  • Panelist, “Trade Secrets Investigations,” Daily Journal Trade Secrets Conference, October 2018
  • Speaker, “Stop Thief! or All’s Fair In Love, War and Employee Mobility,” All Hands Meeting, October 2017
  • Speaker, “A Picture Is Worth a Thousand Words: Effective Use of Demonstrative Evidence at Trial,” American Bar Association Section on Litigation Annual Conference, May 2017
  • Speaker, “Trade Secret Litigation,” Bridgeport Continuing Education MCLE Program, May 2016
  • Speaker, “Protecting Trade Secrets in a Mobile Workforce,” All Hands Meeting, October 2015
  • Speaker, Trade Secret and Employee Mobility Conference, Bridgeport Continuing Education, May 2015
  • Panelist, “Mobile Device Data in the Corporation: Meeting the Challenges for E-Discovery and Internal Investigations,” FTI Webinar