Paul Gupta has been described by Chambers USA as a “strong strategist” and a “great negotiator”, “renowned for his work in the technology arena”, who “litigates cases involving hi-tech electronic, software and internet-related patents” and is “an expert in cybersecurity.”
Mr. Gupta is or has been lead counsel in litigations and arbitrations in California, Delaware, Florida, Illinois, Kansas, Massachusetts, New Jersey, New York, Ohio, Tennessee, Texas and Virginia, as well as the Court of Federal Claims. He has also handled appeals in the Federal and other circuits. He has also served as an arbitrator in several cases, and is included in the AAA’s Roster of Arbitrators. He brings decades of experience in handling both affirmative and defensive claims. He has extensive experience with presenting evidence (through witnesses, documents and demonstratives) as well as in cross-examining witnesses and experts. He also has extensive experience with privilege issues, including attorney-client, work product and common interest privileges.
His notable matters include litigations, arbitrations and mediations for intellectual property matters, including patent, copyright, trademark and trade secret cases, as well as commercial matters. He represents clients in tech-focused cases involving cybersecurity, loT, computer hardware and software, internet, computer service contracts and outsourcing (including performance criteria, compatibility, SOWs and indemnities), cloud computing, and smart contracts. He also represents clients in disputes arising from M&A deals and joint ventures, including resolving IP ownership issues and earn-out payments, as well as antitrust issues. His extensive experience with cybersecurity matters includes data breach liability and mitigation, as well as responsibilities and liability of corporate officers and Boards. Mr. Gupta’s clients include industry leaders in computer software and hardware, cybersecurity, ecommerce, IT, financial services, telecommunications and medical devices. He also handles the IP, liability and contractual issues for alternative energy and cleantech clients (including electric vehicles, biofuels and solar) and energy management. He also has experience with aviation technology, including drones.
Mr. Gupta regularly lectures at leading programs. He lectures often on IP litigation, including on PLI panels with Judges. For the last six years he has been the Chair of Thomson Reuters’ Annual Webinar on “Cybersecurity and Privacy Best Practices,” and is planning the Seventh Annual Webinar. He has lectured on “Smart Cars, Smart Cities, Smart People: Hope or Hype” at the RSA Conference (on a three-person panel with two former Generals), and at the Commonwealth Club in San Francisco (one of nation’s best-known forums for thought leaders). His presentations cover technology, national security and ethics issues. He frequently lectures on technology and commercial issues at other leading industry conferences, including the Stanford ECommerce Best Practices Conference.
Further information can be found in his listings in Super Lawyers and Who’s Who in the World.
- 1st-7th Annual Cybersecurity and Privacy Best Practices Update, Chair (Thomson Reuters, 2014-2019, 2022).
- Smart Cities, Smart Cars, Smart People: Hope or Hype?, Chair (RSA Conference; Commonwealth Club, 2019).
- 16th Annual Stanford Law School E-Commerce Best Practices Conference. “Smart Contracts & Third Party Relationships–Best Practices and Common Pitfalls.” (2019)
- Data Breach Responses: Proven Strategies for Legal and Technical Teams (CLE, 2017).
- Patent Litigation 2016 Patent Remedies: The Aftermath of Recent Federal Circuit Decisions (PLI, 2016).
- Parallel Patent Office Proceedings, including IPRs (PLI, 2015).
- Electronic Discovery: What Corporate and Outside Counsel Need to Know (PLI, 2014).
- Building & Investing in Green Technology Companies (PLI, 2010).
- Resolving Technology and Media Disputes Before Trial, Co-Chair (PLI, 2008).
- “Cybersecurity: What Every Board Should Know and Do,”(Thomson Reuters FinTech Law Report 2018).
- “Supreme Court Significantly Changes Rules for Aftermarket Sales,” Patent Trademark & Copyright Journal (BNA)/Bloomberg Law (2017).
- “United States Adopts a More Flexible Approach to Obtaining Attorneys’ Fees in Patent Cases: Octane Fitness LLC v. Icon Health & Fitness Inc and Highmark Inc v. Allcare Health Management System Inc,” European Intellectual Property Review (2014).
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