If you are a regular reader of TSW, you know we have been monitoring developments relating to the Defend Trade Secrets Act of 2016 (DTSA). While the Northern District of California was the first court to enter a written opinion under the DTSA, case law is continuing to develop across the country, including in the First Circuit. READ MORE
Kayla has experience litigating a variety of employment claims in both state and federal court, including trade secrets, discrimination, harassment, retaliation, and wrongful termination claims.
Orrick’s Employment Law and Litigation group was recently named Labor & Employment Department of the Year in California by The Recorder, the premier source for legal news, in recognition of their significant wins on behalf of leading multinational companies on today’s most complex and challenging employment law matters.
While in law school, Kayla participated in Berkeley Law’s Death Penalty Clinic, a clinic designed to enable law students to provide high-level, supervised representation to clients facing capital punishment. Through her work in the clinic, Kayla received hands on experience in appellate litigation and investigations.
Kayla's notable engagements include the following.
- Represented two subsidiaries of Williams-Sonoma, Inc. in successfully obtaining a preliminary injunction against a former executive and his new employer in a trade secrets action.
- Represented Oracle America, Inc. in defending against a $6.6 billion breach of contract, fraud, false claims act, and civil RICO claims. The matter resolved very favorably to Oracle.
- Represented, pro bono, a young mother from Guatemala seeking asylum in the United States. Asylum was granted.
Posts by: Kayla Delgado
Relief may soon be coming for trade secrets plaintiffs longing for federal court. Last year we covered the introduction of the Defend Trade Secrets Act (DTSA), compared it to the Uniform Trade Secrets Act (UTSA), and questioned whether federal court under this new law would be a preferable venue to plaintiffs. Since then, the bill, like the many that came before it, died in Congress. READ MORE
The paradigmatic trade secret is something that is obviously technical, such as source code or the formula for Coke. Though trade secrets protection is not limited to technical trade secrets, it can sometimes be tricky to claim trade secrecy over non-technical trade secrets, such as customer or employee contact lists, that are commercially valuable yet may seem more accessible and therefore less secret. California Code of Civil Procedure Section 2019.210 compounds the issue by requiring a plaintiff to make a detailed disclosure of trade secrets as a precondition to frame the discovery to come. Section 2019.210 therefore immediately places an often-challenging decision upon the plaintiff—selecting what it should claim as trade secrets in litigation. READ MORE