Profile
Michael D. Lane has deep commercial litigation experience as an associate and lead counsel in many complex litigation cases, including class actions, business disputes, trade secrets and employee mobility, labor and employment, computer fraud and abuse, noncompete, unfair competition, and Business and Professions Code Section 17200 actions.
He has also represented clients in labor and employment issues. He has represented clients in federal and state courts, as well as in administrative hearings, arbitrations (single and panel), writ proceedings, and trials.
Concentrations
- Commercial Litigation
- Trade Secrets/Unfair Competition/Employee Mobility
- Class Action
- Contract Disputes/Business Torts
- Labor and Employment
- Franchise Law
- Products Liability
- Intellectual Property Litigation
Capabilities
Experience
- 3M Company and 3M Innovative Properties Company v. ACS Industries, Inc. (U.S. District Court of Minnesota): Represented 3M in action for misappropriation of trade secrets, unfair competition and tortious interference against a competitor.
- Dexcom, Inc. and Charles Boykin v. Medtronic, Inc. (USDC Southern District) Represent Medtronic in parallel litigation in California, where former employee sought declaratory relief that non-compete and non-solicit provisions in employment agreement were not enforceable in California, despite ongoing enforcement proceeding in Minnesota.
- ECI Software Solutionsv Sheridan, et al.: Represented ECI in a complaint against former employees and independent contractors for trade secret misappropriation under DTSA, 18 U.S.C. 1836, and related claims.
- Ermetic Ltd., v. David Bise: Breach of restrictive covenant by former employee David Bise.
- EverDriven vs FirstAlt, et al. (US Dist Ct, ND CA): DTSA, UTSA and related claims in federal court against competitor for alleged misappropriation of trade secrets, among other things.
- Everdriven Technologies, LLC v First Student, Inc: Represented Everdriven in a complaint against competitor company for trade secret misappropriation and related claims.
- EverDriven Mead (AAA matter): DTSA, UTSA and related claims in arbitration against former employee for alleged misappropriation of trade secrets for the benefit of a competitor, among other things.
- WeRide Corp. et al v. Wang, Huang, Zhong Zhi Xing Technology Co. Ltd, Allride, AI Inc, ND Cal. Defended corporate defendants in case alleging misappropriation of trade secrets relating to autonomous car technology. Published decisions include:
- WeRide Corp. v. Huang, et al., 2019 U.S. Dist. LEXIS 22915 (Feb. 12, 2019)
- WeRide Corp. v. Huang, et al., 379 F. Supp. 3d 834, 2019 U.S. Dist. LEXIS 55996 (March 22, 2019)
- WeRide Corp. v. Huang, et al., 2019 U.S. Dist. LEXIS 130781; 2019 WL 3555343 (August 5, 2019)
- WeRide Corp. v. Huang, et al., 2019 U.S. Dist. LEXIS 160378 (Sept 18, 2019)
- WeRide Corp. v. Huang, et al., 2019 U.S. Dist. LEXIS 174869 (Oct. 7, 2019)
- WeRide Corp. v. Huang, et al., 2019 U.S. Dist. LEXIS 192212, 2019 WL 5722620 (Nov. 5, 2019)
- Nicole Wilson; Rosetta Stone LTD v. Open English LLC: Represented Open English in a multi-jurisdiction trade secret case (Florida and California) including a California declaratory relief claim under a non-compete agreement.
- Stephanie Allen; Rosetta Stone LTD v. Open English LLC: Represented Open English in a multi-jurisdiction trade secret case (Florida and California) including a California declaratory relief claim under a non-compete agreement.
- NFP Retirement, Inc. v Kyle Posvistak et al: Represented plaintiff company in seeking injunctive relief against departing employees taking confidential customer information.
- Caroline Sanders v. eCommerce Industries, Inc.: Wrongful termination case, alleging pregnancy discrimination.
- Clark v. HDR: Defended client in a case alleging racial discrimination.
- La-Z-Boy Incorporated v. Masashi-Noriko, Inc.: Represented client in litigation involving franchise, contractual, and quasi-contractual disputes.
- Salvesen v. La-Z-Boy Incorporated.: Represented client in litigation involving franchise, contractual, and quasi-contractual disputes.
- EPI Solution Technology Co., et al.v. Veeco Instruments, Inc.: Represented client in litigation involving international contractual and quasi-contractual disputes.
- eCommerce Industries, Inc. v. MWA Intelligence, Inc.: Represented software spin-off, Tech AnyWare, LLC, in Delaware Chancery action, alleging various tort claims arising from spin-off.
- Toolco Industrial Corp. v. Bowen & Groves, Inc., et al.: Defended client in litigation involving contractual and quasi-contractual disputes.
- eCommerce Industries, Inc. v. MWA Intelligence, Inc.: Represented client in multi-district litigation involving contractual and quasi-contractual disputes.
- Estepp v. 3M Electronic Monitoring, Inc., et al.: Defended client in litigation involving product liability claims.
- DiVincent v. DiVincent: 2013 WL 6234619 (N.D Cal, December 2, 2013)
- eCommerce Industries, Inc. v. MWA Intelligence, Inc.: 2013 WL 5621678 (Court of Chancery of Delaware, October 4, 2013)
- Invalidated all asserted claims in reexamination proceedings while representing a consumer electronics developer, Microsoft, and Yahoo! in patent litigation relating to digital media.
- Represented consumer electronics developer in patent litigation.
- Represented consumer electronics developer and a newly hired employee in trade secret litigation.
- Obtained summary judgment of invalidity of seven of nine independent claims for consumer electronics developer in patent litigation.
- Function Media v. Yahoo!. Defended Yahoo! against suit accusing Yahoo!’s internet advertising methods of infringing two patents.
Recognition & Leadership
- Member, American Bar Association
Credentials
Education
-
J.D., University of California at Berkeley School of Law (Boalt Hall), 2005
- Prosser Prize, Patent Law, 2004
- B.A., History, University of California at Santa Barbara, 1993
Admissions
- California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California