Adam S. Cashman

Adam Cashman’s practice focuses on complex commercial disputes, business litigation, insider fraud, financial services, and intellectual property litigation. He has represented Fortune 500 and individual clients in a broad range of matters, including structured finance and derivatives cases, licensing disputes, international insolvency cases, patent and trademark disputes, consumer class actions, trade secret misappropriation, and other commercial matters. Adam has tried cases in state courts, federal courts, and before private arbitrators. He has also counseled clients in connection with the negotiation of commercial contracts, pre-litigation settlements, and internal investigations.

Education

  • J.D., (cum laude) Georgetown University Law Center (2004)
  • B.A., The Colorado College (1999)

Prior Associations

  • Quinn Emanuel Urquhart & Sullivan LLP
  • Law Clerk to the Hon. Samuel Conti, U.S. District Court for the Northern District of California

Bar Admissions

  • State: California, Massachusetts, District of Columbia
  • Supreme Court of the United States
  • Northern District of California
  • Southern District of Califonia
  • District of Massachusetts
  • Second Circuit Court of Appeals

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Adam S. Cashman
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Notable Matters

Some of Adam’s notable representations on behalf of claimants include: 

  • Eventbrite, Inc. v. M.R.G. Concerts Ltd (N.D. Cal.) – Lead counsel for events ticketing company in its claims against Canada’s largest independent concert promoter and organizer.  Obtained complete jury verdict in Eventbrite’s favor after one-week jury trial in one of the first cases to construe the meaning of the term “material adverse change” under California law.  Adam and the team were recognized by Litigation Daily as the primary “Litigator of the Week” runner-up for their work in achieving this result.  
  • Eventbrite, Inc. v. Loranger, et al. (N.D. Cal.) – Acted as lead counsel for Eventbrite in its contract and fraudulent transfer claims against the organizers of a failed multi-day music festival.  Obtained extraordinary preliminary asset freezing injunction at the outset of the case, leading to highly favorable resolution. 
  • Zuora, Inc. v. Balasundaram (San Mateo Super.) – Currently serving as lead counsel to subscriptions software company in connection with its claims against former employee alleged to have exfiltrated company confidential and proprietary information upon his departure from Zuora, and to have used that information to build a competing company in violation of his contractual agreements and governing law.  
  • Samsung Semiconductor, Inc. – Serving as lead counsel to Samsung Semiconductor in multiple matters involving, among other things, claims for assignment of patents relating to autonomous vehicle systems, as well as claims relating to the public dissemination of confidential company information. 
  • Long Beach Airport Hangar Owner LLC v. Environ Architecture, et al. (L.A. Super.) – Acted as lead counsel for an affiliate of the Macquarie Group as owner of real property in connection with claims against design and construction professionals for negligence and contractual breaches stemming from their work on a secure, 35,000 square foot Customs and Border Protection laboratory adjacent to the Long Beach Airport. 
  • Vigilant Technologies, Inc. v. GPI 360, Inc. (L.A. Super.) – Served as lead counsel for Vigilant Technologies, Inc., a leading provider of mobile license plate recognition cameras and associated software, in connection with trade secret claims asserted against its former manufacturing partner. Case settled on highly favorable terms on eve of trial. 
  • Orca Newton L.P. v. Patel (AAA) – Acted as lead counsel for Bay Area investment fund in connection with its claims against a defaulting limited partner. Case settled favorably shortly before commencement of evidentiary hearing at AAA.
  • In re Parmalat Securities Litigation – Represented Extraordinary Commissioner of Parmalat S.p.A., the Italian dairy and food products conglomerate, in state and federal actions against the company’s former bankers and auditors to recoup funds wrongfully stolen and wasted by the company’s former insiders. Obtained hundreds of millions of dollars in pre-suit settlements, while other claims were tried in a five-month jury trial. 
  • Capital Ventures International v. UBS and Capital Ventures International v. JP Morgan et al. (D. Mass.) – Represented investment fund in multiple suits against banks and financial institutions in connection with the banks’ sale of residential mortgage-backed securities. The cases were resolved favorably for Capital Ventures prior to trial. 
  • White Oak Global Advisors v. Batzer (AAA and Shasta Super.) – Lead counsel for White Oak Global Advisors LLC, an international investment advisor and private credit firm, in connection with its claims arising out of the failed rehabilitation and recertification of a 6.8 megawatt biomass-fueled powerplant located in Anderson, CA. Claims settled on favorable terms prior to evidentiary hearing. 

Some of Adam’s notable representations on behalf on defendants include: 

  • Proofpoint, Inc. v. Vade Secure, et al. (N.D. Cal.) – Currently serving as lead counsel to former Chief Technology Officer of email security software company in defense of trade secret, copyright, and contract claims stemming from CTO’s departure from plaintiff company and his alleged copying of source code into competing products at subsequent employer.  After three-week trial, jury rejected Plaintiff’s claims that CTO was “central bad actor” and returned a verdict finding no willful misappropriation and awarding damages of less than 1% of Plaintiff’s request.  
  • Harmonize, Inc. v. Caret Health, et al. (San Mateo Super.) – Currently serving as lead counsel to Caret Health in its defense of trade secret and other claims brought by former employer.  Successfully defeated requests for a temporary restraining order, and subsequently, for issuance of a preliminary injunction in an Order that substantially adopted Defendants’ primary arguments that there was no showing of misappropriation, no showing that the information qualifies as a trade secret, and no showing of any irreparable harm.  
  • Applied Materials, Inc. v. Lai et al. (Alameda Super.) – Currently representing Mattson Technology, Inc. and its employee in connection with claims that employee misappropriated alleged trade secret information relating to the tools and machinery used to fabricate semiconductors. 
  • Coalition, Inc. v. Apollo Brokers, et al. (S.F. Super.) – Acted as lead counsel to insurance technology brokerage firm and its founders in connection with their defense of trade secret misappropriation and other claims brought by former employer relating to founders’ alleged exfiltration of source code and other allegedly trade secret information upon their departure from plaintiff company. Case settled on highly favorable terms, clearing the way for Apollo to close its Series A fundraising less than 90 days from dismissal of claims.  
  • Heredia v. Intuitive Surgical, Inc. (N.D. Cal.) – Served as lead counsel for Intuitive Surgical Inc. (ISRG) in its defense of contract and fraud claims brought by prominent urologist. Obtained summary judgment on all causes of action asserted against Intuitive without formal discovery. 2018 WL 2021914 (May 1, 2018) (Davila, J.) 
  • Agilent, Inc. v. Twist, Inc. (Santa Clara Super.) – Served as lead counsel for former Chief Financial Officer in her defense of trade secret misappropriation and breach of contract claims relating to the alleged exfiltration of trade secret information pertaining to the use of ink jet printer technology to synthesize oligonucleotides.   
  • Hjelmeset v. Hung et al. (N.D. Cal. Bankr.) – Served as lead counsel for prominent Bay Area venture capitalist in defense of fiduciary claims stemming from the bankruptcy of international LED lighting company Luxul Technologies, Inc. (USA). Obtained complete defense verdict on all causes of action at summary judgment stage, but prior to fact or expert depositions or other significant discovery. 
  • United States v. Webb et al. (E.D.N.Y) — Represented Marco Polo Del Nero, the former president of the Brazilian Football Confederation (Confederação Brasileira de Futebol) in connection with his challenge brought in the Swiss Court of Arbitration for Sport (CAS) to penalties imposed by FIFA in the wake of charges brought by the U.S. Attorney’s Office for the Eastern District of New York against some two dozen individuals stemming from an alleged international RICO conspiracy. 
  • Apple Inc. v. Samsung Electronics Corp. (N.D. Cal.) – Represented electronics manufacturer Samsung in long running intellectual property dispute with Apple. Defended against Apple’s claims of design patent infringement and trademark and trade dress claims in two separate jury trials and a third proceeding before the International Trade Commission. 
  • Molecular Analytical Systems, Inc. v. Bio-Rad Laboratories, Inc. (JAMS) – Defended against eight-figure fraud and contract claims asserted against biotechnology companies Bio-Rad Laboratories, Inc. and Vermillion, Inc. Won a finding of no liability on any claim following two-week evidentiary hearing at JAMS. 
  • Banco Espírito Santo, S.A. v Concessionária Do Rodoanel Oeste S.A. (N.Y. App. Div. 2012) – Obtained a finding of no liability and complete dismissal of contract claims worth more than $20 million prior to discovery for Brazilian infrastructure company via early summary judgment unanimously ordered by New York Supreme Court, Appellate Division. 
  • Merrill Lynch Capital Services v. Usinas Itamarati, S.A. (S.D.N.Y.) – Litigated and tried contract and fraud claims arising out of a complex derivative transaction that unraveled in the wake of the 2008 financial crisis on behalf of Brazilian soy and ethanol producer. 
  • Ramirez v. Guzman Brothers, Inc. (Alameda Super.) – Acted as lead counsel for hospitality company in putative class action. Obtained an order denying class certification following targeted discovery, leading to nuisance value settlement. 
  • Farmer Boys v. Farmburger, Inc. (N.D. Cal.) – Served as lead counsel for “fast casual” restaurants in their defense of claims for trademark infringement. Obtained highly favorable settlement at summary judgment stage.

 

 

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