As a former software entrepreneur and management consultant, Warren Braunig is particularly well suited to advise technology and software companies in solving their most difficult business and legal problems. Although he has tried more than a dozen cases in state court, federal court and arbitration, Warren also appreciates that sometimes the thorniest problems can be solved outside the courtroom. His approach to litigation is tenacious, creative, and always focused on the client’s ultimate objectives.
Warren’s practice is centered on intellectual property, but runs the gamut of complex commercial litigation, from antitrust and employment disputes to contract fights, copyright and patent infringement cases. He has particular expertise in issues of trade secret and employee mobility. His clients have included Qualcomm, Google, Roche/Genentech, Western Digital, Williams-Sonoma, Dialpad, and CREXi.
Among other prominent wins, Warren successfully defended SaaS software innovator Freshworks in a multinational trade secrets case brought by a competitor, and prominent chip developer and entrepreneur Gerard Williams in trade-secret litigation brought by a former employer. He won a complete defense verdict for a multinational law firm against a $60 million malpractice claim arising out of patent litigation in the ITC and Delaware. He defended Dialpad in multiple patent-infringement attacks launched by competitors. And, for more than a decade, he has steered the San Diego County Water Authority through various lawsuits against the Metropolitan Water District of Southern California, obtaining more than $100 million in damages and fees for the ratepayers of San Diego County. He is currently defending commercial real estate platform CREXi in a major federal copyright case brought by a competitor.
Warren earned his J.D. from New York University School of Law and served as a clerk to Justice Kim McLane Wardlaw on the U.S. Court of Appeals for the Ninth Circuit. Prior to his law career, he was the director of product marketing at Emmperative, Inc. and is the co-inventor of two registered software patents. He regularly writes, provides news commentary, and presents on various trade secret law topics. He lives in San Francisco with his wife and three children.
Cases of Note
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RingCentral, Inc. v. Dialpad, Inc.
We successfully defended cloud-based telephony and unified messaging provider Dialpad in a patent infringement action brought by competitor RingCentral in the Northern District of California. Dialpad obtained a ruling that…
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Apple v. Williams
We defended Gerard Williams, a celebrated chip designer, in a case brought by Apple claiming that he breached contractual agreements and misappropriated trade secrets when he founded Nuvia, Inc., a…
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AFGE et al. v. Office of Personnel Management
We are challenging the inclusion of a “loyalty question” seeking fealty to the Trump-Vance administration on thousands of federal civil service job applications. The case alleges violations of the First…
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San Diego County Water Authority v. Metropolitan Water District of Southern California
For more than a decade, we have represented the San Diego County Water Authority in litigation against the Metropolitan Water District of Southern California (MWD), the regional water wholesaler for…
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Former Client v. Law Firm
We won a complete defense verdict for our multinational law firm client, and three individual law firm partners, in a malpractice claim arising out of patent litigation in the ITC…
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Ten-X LLC v. Commercial Real Estate Exchange Inc. (CREXi)
We represented real-estate startup CREXi and its Chief Executive Officer in bet-the-company litigation brought by industry giant Ten-X involving claims of trade secret misappropriation and breach of contract. Ten-X asserted…
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CoStar v. CREXi
We represented Commercial Real Estate Exchange, Inc. (CREXi), a fast-growing online commercial real estate marketplace, in competitor litigation against industry giant CoStar. After CoStar filed a complaint against CREXi alleging…
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SRS Acquiom, Inc. v. PNC Bank et al.
We represented software innovator SRS Acquiom in a trade-secrets misappropriation case against PNC Bank and two former SRS employees, alleging that the employees improperly retained SRS confidential information and used…
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BMC Software, Inc. v. Cherwell Software, LLC
We represented IT software innovator Cherwell Software in a patent-infringement case in Colorado brought by industry giant BMC Software, alleging infringement of seven software patents. After fifteen months of intensive…
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Hoffmann-La Roche v. Plexxikon
We represented Roche in a dispute concerning a breach of the company’s Collaboration Agreement with Plexxikon, Inc., now a subsidiary of Daiichi Sankyo. The agreement provides Plexxikon funding and Roche…
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SanDisk Corp. v. SK Hynix Inc.
We represented SanDisk in a massive trade secret misappropriation and corporate espionage case. SanDisk, a global leader in flash memory storage solutions, sued competitor SK Hynix for misappropriating approximately ten…
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Zoho v. Freshworks
We defended SaaS CRM company Freshworks in a trade secret misappropriation lawsuit brought by rival Zoho in the Northern District of California. We successfully narrowed the case with an early…
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Shareholder Representative Services v. Medtronic, Inc.
We currently represent Shareholder Representative Services (SRS) in its capacity as representative of the former shareholders of Ablation Frontiers Inc. in a post-merger dispute with Medtronic, Inc. in Delaware Chancery…
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Wetlands Preservation Foundation v. Dept. of Water Resources et al
We represent non-profit Wetlands Preservation Foundation, based in Stockton, California, in litigation against the California Department of Water Resources and The Nature Conservancy concerning gross mismanagement of Staten Island—an island…
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In re Qvale Estate
We represented the Qvale Auto Group and its president Bruce Qvale in bitterly-contested litigation concerning the $100+ million estate of auto industry pioneer Kjell Qvale. We successfully defended our clients…
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Taiwan Semiconductor Manufacturing Company v. Semiconductor Manufacturing International Corporation
We represented TSMC against China's then-leading semiconductor manufacturer, SMIC, in the largest trade secret misuse case tried to date. SMIC owed its very existence to technology stolen from our client….
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SanDisk Corp. v. SK Hynix Inc.
We represented SanDisk in a massive trade secret misappropriation and corporate espionage case. SanDisk, a global leader in flash memory storage solutions, sued competitor SK Hynix for misappropriating approximately ten…
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Ten-X LLC v. Commercial Real Estate Exchange Inc. (CREXi)
We represented real-estate startup CREXi and its Chief Executive Officer in bet-the-company litigation brought by industry giant Ten-X involving claims of trade secret misappropriation and breach of contract. Ten-X asserted…
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BMC Software, Inc. v. Cherwell Software, LLC
We represented IT software innovator Cherwell Software in a patent-infringement case in Colorado brought by industry giant BMC Software, alleging infringement of seven software patents. After fifteen months of intensive…
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RingCentral, Inc. v. Dialpad, Inc.
We successfully defended cloud-based telephony and unified messaging provider Dialpad in a patent infringement action brought by competitor RingCentral in the Northern District of California. Dialpad obtained a ruling that…
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Former Employer v. Sonitum, Inc.
We represent Sonitum, a start-up focused on mobile applications for the hearing-impaired, in a complicated and contentious multi-year dispute with a founder and former employee that touches on corporate law,…
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Lam Research Corporation v. Former Employees
We helped Lam Research Corp. bring and successfully resolve a trade secrets misappropriation and breach of contract claim against two employees who departed for their lead competitor, taking with them…
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Taiwan Semiconductor Manufacturing Company v. Semiconductor Manufacturing International Corporation
We represented TSMC against China's then-leading semiconductor manufacturer, SMIC, in the largest trade secret misuse case tried to date. SMIC owed its very existence to technology stolen from our client….
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Internet Company v. Google
An Internet company based in Lafayette, Louisiana filed suit in its local federal court against Google for trademark infringement and unfair competition. The plaintiff alleged Google's various uses of the…
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Plaintiff v. Cepia, LLC
A toy developer sued our client Cepia for allegedly using misappropriated trade secrets to develop Cepia’s award-wining line of ZhuZhu robotic toys. We obtained Rule 11 sanctions for the pleading…
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Former Client v. Law Firm
We won a complete defense verdict for our multinational law firm client, and three individual law firm partners, in a malpractice claim arising out of patent litigation in the ITC…
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San Diego County Water Authority v. Metropolitan Water District of Southern California
For more than a decade, we have represented the San Diego County Water Authority in litigation against the Metropolitan Water District of Southern California (MWD), the regional water wholesaler for…
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Keller v. Electronic Arts Inc. et al
We secured a favorable settlement for Electronic Arts Inc. (EA) in this groundbreaking antitrust and right of publicity class action. Current and former student-athletes claimed EA improperly used the athletes’…
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In re Qvale Estate
We represented the Qvale Auto Group and its president Bruce Qvale in bitterly-contested litigation concerning the $100+ million estate of auto industry pioneer Kjell Qvale. We successfully defended our clients…
News & Events
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Court Blocks Trump-Vance Administration’s Unlawful Loyalty Question for Federal Job Applicants
Judge Halts Politicized Hiring Scheme That Threatened the Nonpartisan Civil Service
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Government Workers’ Unions Press Judge to Block Federal Hiring ‘Loyalty Question’
Unions argued before a Massachusetts federal judge that the Trump administration’s hiring practices pressure applicants to pledge loyalty to the president’s political agenda, and urged the court to block a cont…
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Keker Files Lawsuit Over Trump ‘Loyalty’ Question in Civil Service Job Applications
Law.com featured Keker, Van Nest & Peters’ filing of a federal lawsuit challenging the Trump administration’s “loyalty question” on civil service job applications, a new requirement that asks candidates to expl…
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Keker Joins Democracy Groups Suing to Protect Nonpartisan Civil Service From Trump-Vance Loyalty Test
Despite the lapse in government funding, and the furloughing of hundreds of thousands of federal workers, the government continues to post new job opportunities, with a new and unlawful essay seeking loyalty to…
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Big Tech’s Refusal-To-Deal Hits a Wall: Judges
Big tech’s refusal-to-deal defenses against antitrust claims are not convincing courts, according to a Law360 analysis. The report highlights cases where courts rejected arguments from large tech companie…
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Momentum Builds for CREXi, as Judge Clears Path to Trial in IP Row
A California federal judge denied both CoStar and CREXi’s partial summary judgment motions in CoStar’s copyright suit, clearing a path to trial in the same week the Ninth Circuit revived CREXi’s antitrust count…
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9th Circuit Revives Antitrust Counterclaims Against Real Estate Data Company CoStar
Keker, Van Nest & Peters won an appeal on Monday with the U.S. Court of Appeals reviving most of client Crexi’s antitrust counterclaims against industry rival CoStar in a unanimous opinion.
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Trade Secrets Outlook: Cloudy With a Chance of Exposure
By Warren Braunig and Andrew Crain Cloud-based computing provides numerous benefits in today’s modern, hybrid work economy, such as allowing employees to work from anywhere, to seamlessly transition…
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‘Teradyne’ and the Fair Use Defense in Software Copyright Cases
For The Recorder, Warren Braunig and Spencer McManus authored an article that explains how the decision in Teradyne v. Astronics illustrates the potential strength of the fair use defense in software cases, eve…
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Warren Braunig and Samuel Koenig Discuss Parody Products and Trademark Law with The Recorder
Warren Braunig and Samuel Koenig discuss how the Supreme Court weakened First Amendment protections for parody use of others’ trademarks.
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IBM, Microsoft Call Off the Dogs on Diversity
IBM and Microsoft have wisely split the baby in a trade secrets dispute that wasn’t making either side look good.
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A New Kind of Trade Secret
Have big companies’ diversity metrics become so valuable they might now be considered trade secrets?
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Victories for Instacart, Qualcomm, and the San Diego County Water Authority Earn Recognition in the Recorder’s Litigation Department of the Year Awards
The awards recognize California litigation practices that delivered exceptional results on their clients’ most critical and challenging matters.
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Keker, Van Nest & Peters Wins California’s Top Plaintiff’s Verdict by Dollar
John Keker and his team brought in nearly $235 million for the San Diego County Water Authority. The big win was a key installment in California’s ongoing water wars, made increasingly urgent by four dry years.
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$44M Awarded in Water Case – Damages Follow $188M Ruling in Suit Over Rates
John Keker, Dan Purcell and their team secured another victory for the San Diego County Water Authority.
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San Diego Owed $188M Over Alleged Water Row Overcharges
John Keker and his team win a major victory for the San Diego region.
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Judge Sides With SanDisk in Trade Secrets Fight
Sandisk lead counsel Jeff Chanin and his team won a preliminary injunction requiring South Korea-based SK Hynix Inc. to hand over the alleged secrets.
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Historic Win for County Water Authority over MWD Villains
Keker & Van Nest helped the San Diego County Water Authority triumph in its long-standing battle with the Metropolitan Water District of Southern California over millions in water transportation fees.
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Keker & Van Nest Elevates Four Attorneys to Partner
New partners all served on several significant trial teams, attended elite law schools, and completed prominent clerkships.
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Keker & Van Nest Wins Dismissal in Trade Secret Suit
Jeff Chanin and Matthew Werdegar convinced the plaintiff to voluntarily dismiss his law suit.
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Keker & Van Nest Wins Complete Victory for Google in Lafayette, Louisiana
Led by Ashok Ramani, Keker & Van Nest defeats trademark and unfair competition case.
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Presentations & Publications
- “Trade Secret Litigation in the Age of AI,” Keker, Van Nest & Peters CLE Annual Workshop, March 2026
- “Can’t You Take a Joke? Parody Products and Trademark Law in the Wake of the Jack Daniel’s Decision,” The Recorder, 2023, co-authored with Samuel Koenig
- “Does Your Boss Own Your Brain?” Today’s General Counsel, 2018, co-authored with Sarah Salomon
- “Jury’s Still Out on the Impact of the Defend Trade Secrets Act,” Inside Counsel, 2017, co-authored with Matt Werdegar
- “One year on: the federal Defend Trade Secrets Act,” Daily Journal, 2017, co-authored with Matt Werdegar
- “What the Defend Trade Secrets Act Means for California,” The Recorder, 2016
- “Recent Developments in the Case Law of Damages,” American Institute of Certified Public Accountants, 2014
- “Reflexive Law Solutions to Factory Farm Pollution,” New York University Law Review, 2005
- Co-inventor of software patents, U.S. 7,302,431, and U.S. 7,139,757
- Regular presenter at conferences on federal trial practice and trade secrets law