|
David A. Kays is an experienced trial lawyer and partner in the law firm of McDermott Will & Emery LLP based in the Silicon Valley office. He is a member of the Intellectual Property, Media & Technology Department and focuses his practice on resolving disputes on behalf of technology companies in a wide range of matters including patents, copyrights, trademarks, trade secrets, unfair competition, licensing and complex commercial transactions. His recent clients include semiconductor, internet, software and peripheral manufacturer companies.
Some recent representative matters include representing a computer peripheral manufacturer in patent infringement matters; defending a software manufacturer in an action brought by the U.S. government to recover an allegedly erroneous refund of a research and development tax credit; defending an officer of a Silicon Valley company in a stock option backdating investigation; defending an international gaming corporation in an antitrust action; prosecuting an action for trade secret misappropriation on behalf of a public semiconductor company; defending a database company in a license dispute; and defending a biotechnology company in an environmental action involving a genetically modified crop.
David is admitted to practice before the California Supreme Court, all state courts and United States District Courts for the Northern, Southern, Central and Eastern Districts of California. He is also admitted to practice before the U.S. Supreme Court and the U.S. Court of Appeals for the Ninth Circuit.
He is currently a Santa Clara County Superior Court Judge Pro Tem, a member of the Santa Clara County Bar Association, Palo Alto Bar Association, and the Intellectual Property Section of the California State Bar Association.
His legal writings include "Duties Expand Inside the Zone of Insolvency," San Jose Business Journal (October 2003), and "Boards Must Reduce Their Exposure to Creditor Suits," San Francisco Daily Journal (May 2004).
David earned his B.A. from the University of Massachusetts (magna cum laude) in 1980, and his law degree from the University of San Francisco School of Law (magna cum laude) in 1985. He is admitted to practice in California.
Education:
University of San Francisco School of Law, J.D. (magna cum laude), 1985
University of Massachusetts Amherst, B.A. (magna cum laude), 1980 | 