Kayvan Ghaffari

Managing Associate

San Francisco


Read full biography at www.orrick.com
Kayvan Ghaffari is a lawyer in Orrick's Intellectual Property Group. Kayvan's areas of emphasis include software-related copyright litigation, cybersecurity and digital crimes, Blockchain technology, and complex commercial litigation. 

Groundbreaking companies in the Internet, entertainment, healthcare and financial industries are revolutionizing the way we work and live. To remain at the forefront of innovation, these companies need an equally innovative lawyer – someone who brings a fresh approach to copyright, cyber and commercial litigation, and who understands the latest technology.

Kayvan's bicoastal practice allows him to work with a diverse array of companies on some of the most cutting edge legal issues.  As noted in the engagements listed below, Kayvan uses that unique blend of creativity and technical experience to relentlessly defend his clients. In addition to being procedurally meticulous and a compelling writer, he specializes in unearthing ways to unravel the opposing side's case. He also helps companies avoid litigation, by counseling companies ranging from market leaders to start-ups on an array of copyright and Internet issues, including the use of Blockchain technology to protect my client's interests, including protecting intellectual property rights.

Kayvan graduated Order of the Coif from the University of Southern California Gould School of Law, where he also served as Senior Submissions Editor of the Southern California Law Review. While in law school, Kayvan was a legal extern for the Honorable Barry Russell at the United States Bankruptcy Court in the Central District of California.

In addition to helping his clients, Kayvan also uses his legal skills to assist those in need. At Orrick, he litigates pro bono cases involving civil rights and constitutional rights. While attending Loyola Law School, he started a chapter of the Iraqi Refugee Assistance Project (IRAP). Between being a member of IRAP at Loyola and USC, he worked with attorneys and other law students to provide legal representation to refugees and their families in an effort to help them obtain resettlement.

Posts by: Kayvan Ghaffari

Blockchain: Not Just a Platform for Cryptocurrency but a Potential Method for Protecting Trade Secrets and Other IP

Cryptocurrency has dominated the attention of the financial world for most of the past 12 months as Bitcoin’s value (as well as other cryptocurrencies’) soared over 1,500% in 2017 (though it has experienced some recent volatility).  While investors are happy to see their wallets growing, companies should be excited about the technology underlying most cryptocurrencies – blockchain – which has the potential to create a competitive advantage in trade secrets protection.

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Can You Keep A Secret? The European Union’s New Directive on Trade Secrets and its Impacts on Whistleblowers

It is no secret that the European Union’s (“EU”) Directive on Trade Secrets was a long time in the making. The Directive was first proposed in November 2013. After roughly two years of debate and revision, the revised Directive was published in December 2015. On April 14, 2016, the debate ended, and the European Parliament voted to adopt the Directive with no further amendments. The resolution approving the Directive passed by 503 votes to 131 votes with 18 abstentions. This morning, the EU Council unanimously adopted the Directive on Trade Secrets. READ MORE

Trade Secrets in the Fast Lane – Formula One and the Importance of Trade Secret Protection

For a competition to be friendly, it should be scrupulously fair.” The Formula One world was recently jolted by allegations that a former Mercedes-Benz AMG engineer took highly-confidential information in anticipation of joining Mercedes’ chief competitor Ferrari. Mercedes recently filed suit in the High Court of Justice in the United Kingdom. To many in the Formula One world, the recent news is reminiscent of 2007’s “Spygate” controversy involving confidential technical data misappropriated from Ferrari. Nearly a decade later, the recent allegations underscore an important facet of Formula One: Formula One teams go to extraordinary lengths to protect their design secrets created at a cost of hundreds of millions of dollars. READ MORE

500,000 Lines of Source Code: The New “Intangible Property”

Sergey Aleynikov’s six-year trade secret odyssey through all possible configurations of litigation, civil and criminal, federal and state, may at long last have come to an end after the New York Supreme Court recently overturned his only surviving criminal conviction for unlawful use of secret scientific material. We here at Trade Secrets Watch have closely tracked Aleynikov’s journey, recently reporting on his newest victory, and previously covering his convoluted trials and tribulations. In particular, prior to the recent New York Supreme Court decision, the Second Circuit overturned Aleynikov’s convictions under the Economic Espionage Act (EEA) and the National Stolen Property Act (NSPA), which also led to a change in the EEA legislation. READ MORE