Cafferata, Diane

Diane Cafferata

Partner

  简历

Diane Cafferata is a partner in the firm's Los Angeles and Chicago offices.  Her practice involves a wide variety of complex commercial litigations in federal and state courts, where she represents both plaintiffs and defendants.  She has substantial experience in patent, trademark, trade secret, and other intellectual property matters, privacy issues, class actions, derivatives and other financial matters, construction and real estate disputes, and contract and business tort cases.  During her two decades at the firm, Ms. Cafferata has enjoyed several high-stakes and bet-the-company cases, and her teams have brought in more than $3 billion through trials and settlements.  Diane’s practice also incorporates many other smaller litigation and counseling matters.

Ms. Cafferata’s background as a JD/MBA, and the breadth of her experience, help her develop creative strategies for advancing her clients' interests at every stage, before, during or after litigation.  She focuses on the merits of a dispute from its inception, and uses that focus to conserve her clients’ resources while getting them superior results  ̶  for example, helping them avoid trial or motion practice entirely.  She works closely with her clients to produce practical and efficient solutions to their business and non-business challenges.  Ms. Cafferata has been recognized eight years in a row as one of Southern California's Super Lawyers by Los Angeles Magazine.   She has also won multiple awards, both national and regional, for her work on behalf of plaintiffs.

Ms. Cafferata co-chairs the firm’s Sexual Harassment and Employment Discrimination practice group.  She also teaches trial advocacy and other litigation skills at the firm each year.  She takes great pride in mentoring young lawyers and building teams that impress clients, judges and opposing counsel alike.

  代表性客户

  • Abbott Laboratories
  • Alcor Life Extension Foundation
  • American Leather
  • Bank Leumi
  • California Herbal Remedies / Los Angeles Kush
  • Chinese Theatres
  • CIFG
  • Freedom Wireless
  • Frontline Ltd.
  • Lehman Brothers Holdings (Official Creditors Committee)
  • Mattel
  • Northrup Grumman
  • Rescap Trust
  • Qualcomm
  • Samsung
  • Satyam Computer Services, Ltd.
  • TFG Ltd.

 

  主要代理案件

  • Represent cannabis companies California Herbal Remedies and Los Angeles Kush in two intellectual property and business tort cases arising from a failed joint venture.
  • Represent Alcor Life Extension Foundation in a dispute over a decedent’s rights to determine the disposition of his remains.
  • Represented the American widow of a Saudi sheikh in connection with multi-jurisdictional actions enforcing her inheritance rights under Sharia’h law.
  • Represented the Official Creditors Committee of Lehman Brothers Holdings, Inc. in multibillion-dollar lawsuits against JPMorgan Chase & Co., Citibank, N.A., HSBC, and Credit Suisse in the United States Bankruptcy Court for the Southern District of New York arising from the early termination of hundreds of thousands of derivative trades.
  • Represented CIFG Assurance North America in litigation against Bank of America, arising out of fraudulent misrepresentations and breaches of contract in connection with financial guaranty insurance on RMBS.
  • Represented Samsung in federal litigation and ITC proceedings against Apple involving smartphone and tablet computer technology.  Reported decisions include: Apple Inc. v. Samsung Electronics Co., Ltd., 2012 WL 5451411 (N.D. Cal. 2012); -- F.Supp.2d --, 2012 WL 3627731 (N.D. Cal. 2012); 2012 WL 1232267 (N.D. Cal. 2012).
  • In patent suit against telecommunications providers involving prepaid wireless technology, won judgment of $128 million, along with additional award of $35 million in interest and royalties and entry of permanent injunction. Reported decisions include: Freedom Wireless v. Boston Communications Group, Inc., 390 F. Supp. 2d 63 (D. Mass. 2005); 369 F. Supp. 2d 159 (D. Mass. 2005); 369 F. Supp. 2d 155 (D. Mass. 2005); 220 F. Supp. 2d 16 (D. Mass. 2002). The verdict was the largest ever awarded in Massachusetts, and was the eighth biggest verdict awarded in the U.S. that year.
  • Led a patent enforcement action brought by Northrop Grumman against seven corporate defendants that resulted in licenses amounting to a total of 9 figures.  Reported decisions include: The Board of Trustees of the Leland Stanford Junior University et al. v. Tyco International Ltd. et al., 253 F.R.D. 528 (C.D. Cal. 2008); 253 F.R.D. 524 (C.D. Cal. 2008).
  • Responsible for decertification of a class and dismissal of class action against Mattel in class action capitol Madison County, Illinois.
  • Obtained a favorable trial verdict in Delaware Chancery Court for Nuance Communications in a licensing dispute with a technology vendor. 
  • Defeated, after bench trial, omitted inventorship claim in suit involving prepaid wireless telephone technology.  Reported decisions include:  Frugoli (Verizon) v. Fougnies, 74 U.S.P.Q.2d 1716 (D. Ariz. 2004).
  • Obtained swift and favorable settlement for a student with respect to violations of the Individuals with Disabilities Education Act in a pro bono matter.

  教育背景

  • Stanford Law School and Stanford Graduate School of Business
    (J.D., M.B.A., 1997)
    • Fellow, Stanford Center on Conflict and Negotiation, 1997
    • President, JD/MBA Association, 1996-1997

  • The George Washington University
    (M.A., Russian and East European Studies, 1991)

  • Plekhanov Institute of Economics, Moscow, USSR
    (Diploma, 1988)

  • Indiana University
    (B.A., Russian Languages and Literatures; Certificate, Russian and East European Institute, 1987)

  执业资格

The State Bar of California; The State Bar of Illinois; California Supreme Court; United States Court of Appeals: Ninth Circuit; United States District Courts: Northern District of California, Eastern District of California, Central District of California, Southern District of California

  工作经历

  • Cooley Godward LLP:
    • Associate, 1997-1999

  • Research Assistant to Professor Constance Bagley, J.D.:
    • Stanford Graduate School of Business, 1995
      • (work on her book, The Entrepreneur's Guide to Business Law, West Publishing, 1998)

  奖项

  • Named one of LawDragon’s 500 Leading Plaintiffs Financial Lawyers, 2020
  • Southern California Super Lawyer, 2012 - 2020
  • Named one of Benchmark's Plaintiff Top 150 Women in Litigation, 2014
  • Benchmark Plaintiff Local Litigation Star for California, 2013, 2014
  • Named a Stanford Associate for outstanding volunteer service, 2013

专著与演讲

  • “Evidence From ‘Other Proceedings’” Video, November 12, 2019
  • Facilitator, Rose Bowl Legacy Foundation’s Inaugural Women’s Empowerment Symposium, July 19, 2019
  • Killer Motion Practice” Video, June 11, 2019
  • Speaker, “Finding Your Voice:  Effective Communication Strategies for Young Lawyers,” WLALA, May 15, 2020
  • Killer Motion Practice, Part II,” Daily Journal, December 11, 2018.
  • Killer Motion Practice, Part I,” Daily Journal, December 4, 2018.
  • “Is Your Supercar Making You Slow? Why I Traded My GT3 For a Couple of Hamsters,” The Windblown Witness, 2018.
  • Building a Successful Relationship through an Effective Sponsorship Agreement,”  The Practitioner, 2017.
  • Smarter, Faster Litigation:  The 2015 Amendments to the Federal Rules, 2016.
  • “Other Proceedings” Evidence:  Supercharging Discovery In Your Cases, 2014.
  • Ways to Avoid Liability Under Section 17200 (California's Unfair Competition Law), 2005.

专业活动

  • Member, Multi-Million Dollar Advocates Forum
  • Member, Million Dollar Advocates Forum
  • Counsel to the Rose Bowl Legacy Foundation, 2015-Present
  • Member, Association of Business Trial Lawyers, 2014-Present
  • Member, Los Angeles Intellectual Property Law Association, 2011-present
    • LAIPLA Ambassador, 2014-Present
    • Committee Chairman, 2011
  • Member, Board of Visitors, Stanford Law School, 2006-2011
  • Member, Board of Directors, Foundation of the State Bar of California, 2006-2009
  • Co-Chairman, Stanford Law Society of Los Angeles, 2006-2008
  • Co-Chairman, Stanford Law Society of Silicon Valley, 2000-2001
  • Member, Los Angeles Bar Association