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Professional
Expertise:
Victoria Cundiff helps clients identify, protect, and obtain value
from their intellectual property both through licensing and through
litigation. She is the head of the New York litigation department.
On the transactional
side, Ms. Cundiff has helped clients negotiate Web site development
and hosting agreements, Internet advertising agreements, on-line
contracts, terms and conditions, privacy policies, and dispute resolution
procedures, and establish domain name and trademark strategies.
She counsels clients on ways to identify and protect their own intellectual
property on- and off-line and avoid infringing upon the rights of
others.
Ms. Cundiff
also has extensive litigation experience, through both alternative
dispute resolution and more traditional means, including seeking
or opposing immediate injunctive relief. She has successfully tried
or resolved significant trade secret, computer law, trademark, unfair
competition, and false advertising cases in state and Federal courts
and before various arbitration tribunals, including under the InterAmericas
Convention and before AAA and the NASD.
Ms. Cundiff's
work often focuses on issues arising when key employees leave to
work for competitors. She has litigated restrictive covenant, confidentiality
agreement, "inevitability," customer solicitation, and breach of
fiduciary obligation cases throughout the country to ensure that
the loss of key employees does not lead to the loss of competitive
advantage. She also advises companies on legal considerations in
hiring new employees.
Client Representation:
Her
clients range from startup companies owning a single valuable asset
to "Fortune 50" manufacturing companies owning a vast array of intellectual
property and include clients in the United States and abroad.
Author :
Ms. Cundiff has written widely in the intellectual property
field, including:
"The New York
Law of Trade Secrets: A Practical Guide,"
"Protecting Computer Software as a Trade Secret,"
"Hiring Competitor's Employees: A Trade Secrets Perspective," and
"How to Own Your Own Intellectual Property."
She is on the
editorial board of The Internet Newsletter.
Speaker
She
is a frequent lecturer on intellectual property issues before state,
national and international legal organizations and is a member of
the Practising Law Institute's Intellectual Property Law Advisory
Committee.
She has chaired
the Practising Law Institute's program, "Trade Secret Protection
and Litigation," held in New York and Los Angeles, the American
Conference Institute's Program on Licensing Intellectual Property,
held in New York and Chicago, and Counsel Connect's on-line seminars
on Trade Secrets Law.
Professional
Associations:
Ms. Cundiff serves as co-chair of the New York State Bar Association's
Committee on Trade Secrets and is Chair of the New York State Bar
Association's Intellectual Property Law Section, which has 2000
members.
Education:
Ms. Cundiff received her B.A. degree from the University of
Denver and her J.D. degree from Yale Law School.
She is a member
of the Board of Directors of the Yale Law School New York Alumni
Association and is a founding member of the Print Club of New York.
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