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Oct. 25, 2023

Adam S. Cashman

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Singer Cashman LLP

Adam S. Cashman

Co-founder at Singer Cashman LLP, Adam Cashman is known for his work in "against-all-odds" jury trials, particularly in the realm of trade secrets litigation, including matters related to high technology, software products and synthetic biology industries.

Among his major cases, Cashman has been lead counsel in a trade secret misappropriation case involving a former head of R&D engineering accused of exfiltrating confidential documents related to micro-coils and microsurgical devices. Microvention, Inc. v. Balt USA , 20-cv-2400 (C.D. Cal., filed Dec. 22, 2020).

He has also represented Olivier Lemarie, the former CTO of Vade Secure, in a Defend Trade Secrets Act case, where despite a significant verdict against Vade Secure, he successfully limited Lemarie's damages. Proofpoint, Inc., et al. v. Vade Secure, Inc ., et al. 3:19-cv-04238 (N.D. Cal., filed July 23, 2019).

"Trade secret cases are very often complicated, messy affairs involving numerous witnesses, technical inventions, and, oftentimes, forensic experts that examine such matters as destruction of evidence and other technical issues. In virtually all of these cases, we find ourselves up against the elite IP teams from the AmLaw's biggest and most renowned firms, who staff the matter with three, four, or even five times the number of lawyers, case assistants and other personnel as we do," Cashman said. "We have grown accustomed to litigating at a large resource disadvantage, but in cases where one can literally drown one's opponent in discovery, motion practice, and investigative resources, I am particularly proud of the results we have been able to achieve as a boutique firm swimming in the deepest of waters."

A third case involved a cybersecurity tech giant and an upstart competitor, where Cashman secured a significant victory by amending a jury verdict to remove all damages against a former CTO.

When asked about the future of trade secrets law, he said, "In most other fields, it is fairly unusual to start a case off with an ex parte application for a TRO, but that is often the norm in trade secret cases. And, in most other fields, courts regard such applications with skepticism and carefully weigh the factors pertaining to an application for injunctive relief before issuing a decision. In the field of trade secrets, however, it seems that TROs and preliminary injunctions are issued with far greater regularity, likely because courts are concerned that if they fail to enjoin threatened misappropriation, the value of the secret could be lost forever."

"The trend of issuing TROs and generalized, nonspecific injunctions is one that I hope will be addressed in the near future in a way that still allows for preliminary injunctive relief, but which establishes that a strong showing is required and which clarifies that injunctions should be very specific in terms of the conduct they are restraining," Cashman continued.

He is also actively involved in the legal community and volunteers his time with various organizations, including serving on the Board of the Jewish Bar Association of San Francisco. He has also undertaken pro bono work, representing the African American Environmental Association in a high-profile matter.

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