Raija J. Horstman

Senior Associate

Los Angeles

Read full biography at www.orrick.com
Raija Horstman is a litigator in the Los Angeles office and a member of the firm's Complex Litigation and Dispute Resolution group. Raija focuses her practice on complex commercial litigation, including experience in copyright, trade secret, breach of contract, false advertising and unfair competition litigation as well as consumer class actions.

Raija has experience in all aspects of litigation. She has drafted pleadings, managed document productions, taken depositions, drafted and argued motions, assisted in trials, mediations and arbitrations and has first-chaired both jury and bench trials.

Raija volunteers regularly at the Domestic Violence Clinic.

Raija also served as a first-chair trial attorney and tried several cases to verdict with the Los Angeles City Attorney's office.

Prior to joining Orrick, Raija worked as legal counsel to Fairtrade International in Germany.

Posts by: Raija Horstman

“Gist of Action” Doctrine: Don’t Contract Away Your Misappropriation Claim

The “gist of action” doctrine. Heard of it? Well, if you are dealing with Pennsylvania law, you need to know it. The “gist of action” doctrine asks whether the “gist” of a suit sounds in tort or contract. When applied to a claim of trade secret misappropriation, the doctrine questions whether the wrongful acts constitute a tort or a breach of contract. If the wrongful acts constitute a breach of contract, Pennsylvania law bars any trade secret claim. As evidenced by the case Wiggins v. Physiologic Assessment Services, LLC, whether a claim can be brought as a trade secret claim or a breach of contract claim can turn on the wording of the contract at issue. READ MORE

Early Returns (Part 2 of 3): The DTSA Lifts Off

(Editorial Note: This is the second in our two-part series exploring recent litigation under the newly-enacted Defend Trade Secrets Act.)

We’ve been tracking the development of the Defend Trade Secrets Act (“DTSA”) for a while on TSW. It was only last month that President Obama signed the dotted line, and the DTSA became law. Now, Space Data has filed suit against Google for patent infringement, misappropriation of trade secrets under the DTSA, misappropriation of trade secrets under the California Uniform Trade Secrets Act, and breach of contract. We’ll be watching closely to see how the Northern District Court of California handles one of the first cases under the DTSA. READ MORE

Trade Secrets Protected From Disclosure Under FOIA…Except For When They Aren’t

We have previously reported about protecting trade secrets from disclosure after a FOIA request here and here. There is something to be said for immediate action and intervening to protect your trade secrets, but sometimes that just isn’t enough.

In a recent decision, the Central District of California denied a protective order for several documents submitted to the government that Exxon contended contain trade secrets. READ MORE