With more than 30 years of experience in the courtroom, Randy Kay is a technology lawyer who has earned recognition as one of California's "Top Intellectual Property Lawyers" and "Top Trade Secrets Lawyers." Randy represents intellectual property owners in disputes over trade secrets, confidential information, patents, artificial intelligence, cybersecurity, copyrights, unfair competition, license agreements, and other contracts. Randy chairs Jones Day's global trade secrets area of focus. He has particularly deep experience with trade secret disputes over failed collaborations, employee departures, and data breaches. He handles jury trials, arbitrations, injunction proceedings, and IP appeals. Randy's matters involve technologies in computers, software, telecommunications, semiconductors, medical devices, biotech, and the life sciences.
The Legal 500 named Randy in its Hall of Fame for trade secret litigation, and Chambers USA ranked Randy for trade secret and copyright litigation. He also has been named as an IP Trailblazer by The National Law Journal.
Randy has led more than 40 trials and arbitrations in venues across the country. As plaintiff counsel, Randy has recovered billions of dollars for clients. He also has won many summary judgments and defense verdicts. He won a complete defense verdict in a trade secret, patent infringement, and contract case in which the plaintiff claimed more than $700 million, earning the Daily Journal's "Top Defense Verdict" of the year recognition.
Randy co-edits/authors the treatise Trade Secret Litigation & Protection, published by the California Lawyers Association. He has served as an expert witness on trade secret litigation. He is a frequent speaker and thought leader on IP matters.
Video
Experience
Additional Publications
- October 25, 2023
Artificial Intelligence Litigation – Déjà vu All Over Again, Daily Journal - October 5, 2022
Reverse Engineering - Legitimate Conduct or Thievery? Daily Journal - August 2022
Algorithms as Trade Secrets, Daily Journal - June 2022
Framework for Analysis on Trade Secret Issues Across International Borders: Extraterritorial Reach, A Project of The Sedona Conference Working Group 12 on Trade Secrets - April 20, 2022
International Trade Secret Litigation in the Federal Courts: Extraterritoriality, Daily Journal - March 2022
Trade Secret Litigation & Protection, A Practice Guide to the DTSA and the CUTSA, a publication of the Intellectual Property Section of the California Lawyers Association (co-editor/co-author) - October 7, 2020
Trade Secret Protection Gone Rogue: The Walter White Case Study, Daily Journal - April 15, 2015
Protecting Trade Secrets in the Age of the Big Hack, Daily Journal - October 2014
Trade Secret Litigation and Protection in California, coeditor and coauthor, State Bar of California, Treatise Third Edition - October 2011
Trade Secret Litigation and Protection in California, coeditor and coauthor, State Bar of California, Treatise Supplement - April 2009
Trade Secret Litigation and Protection in California, coeditor and coauthor, State Bar of California, Treatise
Additional Speaking Engagements
- June 20, 2024
Planning Your Trade Secret Case: Key Considerations in IP Litigation, Employment Disputes and Beyond, Federal Bar Association San Diego Chapter - October 17, 2023
Panelist, Managing Trade Secrets Disputes in Multiple Tribunals, Practising Law Institute's Advanced Trade Secrets 2023 - November 5, 2022
Latest Developments in Trade Secrets Litigation and Protection, 2022 California Lawyers Association IP Institute - May 9, 2022
Trade Secret Issues Across International Borders, The 2022 Sedona Conference on Trade Secrets - September 29, 2021
Where to Sue When Your Trade Secret Is Misappropriated Outside the US, Intellectual Property Owners Association (IPO) 2021 Annual Meeting - August 31, 2021
U.S. Trade Secret and Technology Protection: Trends and Implications, Conference of the Korea Intellectual Property Protection Agency, Korean Intellectual Property Office, and The Electronic Times - June 21, 2021
Trade Secret Issues Across International Borders, Webinar Panelist, The 2021 Sedona Conference on Developing Guidelines for Trade Secret Issues - May 12, 2021
Protecting Trade Secrets in the Era of a Remote Workforce - January 28, 2021
Business Collaborations and Trade Secrets, Webinar Panelist, Jones Day University - November 11, 2020
Cross-Border Trade Secret Disputes Forum, Presentation on Trade Secrets in Global Business - November 9, 2020
Trade Secret Issues Across International Borders, Program Moderator/Speaker at Sedona Conference on Trade Secrets 2020 Annual Meeting - October 28, 2020
Trade Secret Misappropriation in the International Arena, Webcast Panelist, Practising Law Institute's Advanced Trade Secrets 2020 - October 22, 2020
Promoting Social Justice Initiatives During These Uncertain Times, Webinar Panel Moderator, Association of Corporate Counsel San Diego Chapter - October 21, 2020
Maintaining Civility Throughout Litigation, Webinar Panelist, Federal Bar Association San Diego Chapter - October 14, 2020
Cross-Border Trade Secret Disputes Forum, Presentation on Trade Secrets in Global Business - July 30, 2020
Jones Day's Roundtable Webinar: Trade Secrets 2020 - Combating New Threats - June 11, 2020
Trade Secrets in Global Business, World Intellectual Property Organization (WIPO) - November 4, 2019
The Sedona Conference Annual Meeting on Trade Secrets, Presentation on Extraterritoriality and Trade Secrets Across International Borders - July 10, 2019
US Trade Secrets Protection - Practices and Law Enforcement in the US, International Conference of Taiwan Association for Trade Secret Protection - March 18, 2019
Recent Developments in IP Damages Law, 2019 USC Intellectual Property Institute - November 8, 2018
Hot Topics in Trade Secret Litigation, California Lawyers Association's IP Institute - November 6, 2018
Trade Secret Issues Across International Borders, Sedona Conference - June 6, 2018
United States Trade Secret Protection and Comparison to EU Directive - June 6, 2018
Les secrets d'affaires: de la directive à sa transposition (Trade secret protection from the Directive to its implementation) Centre Paul Roubier - May 5, 2017
The Defend Trade Secrets Act: One Year In, IPO's IP Chat Channel Webinar - January 24, 2017
Tips and Tricks for IP Practitioners, Trade Secret Litigation Update: The Defend Trade Secrets Act in a Nutshell and Litigating Trade Secrets in 2017, State Bar of California Intellectual Property Law Section conference - January 24, 2017
The Defend Trade Secrets Act of 2016: What Does it Mean for You? Jones Day University - January 18, 2017
IP Year in Review - September 22, 2016
Legal Update - The Defend Trade Secrets Act, Goldman Sachs Securities Division 13th Annual West Coast Hedge Fund Forum - September 12, 2016
The Opportunities and Obstacles When Asserting Multiple Forms of IP in a Single Litigation, Intellectual Property Owners Association's Annual Meeting - June 11, 2016
Emerging Trends in Trade Secret Law, Los Angeles Intellectual Property Law Association Spring Seminar - May 5, 2016
The Defend Trade Secrets Act of 2016, IPO's IP Chat Channel Webinar - January 20, 2016
Insider Threat: Employee Mobility and Trade Secrets, IPO's IP Chat Channel Webinar - July 14, 2015
Hot Topics in Trade Secret Law, State Bar of California Webinar - November 6, 2014
Hot Topics in California Trade Secrets Law, State Bar of California IP Institute - September 30, 2014
2014 Patent Disputes Forum - September 23, 2014
LAIPLA Trade Secret Program on Litigation Strategies and Recent Developments - January 29, 2014
Case Management in Complex Litigation, panelist, 2014 Advanced Complex Litigation Series presented by the Federal Circuit Bar Association and San Diego Intellectual Property Law Association - January 15, 2014
2013 Patent Law Year in Review (and a Look Ahead at 2014) - June 11, 2013
Trade Secrets and Employee Mobility - Protecting Your Company's Proprietary Information - March 13, 2013
Disclosure and Discovery in the Southern District of California: Written Discovery - January 16, 2013
2012 Patent Law Year in Review - and a Look Ahead at 2013 - January 19, 2012
Lessons Learned from the Battlefield of High Stakes Trade Secret Litigation, Jones Day University - January 12, 2012
2011 Patent Law Year in Review, Jones Day IP Roundtable - June 27 & 29, 2011
Hot Topics in California Trade Secret Law, State Bar of California IP Programs - April 15, 2011
Patent Litigation: Hot Topics Changing the Landscape, 2011 District Conference for the Southern District of California - February 17, 2011
2010 Patent Law Year in Review, Jones Day IP Roundtable - January 27, 2011
Recent Developments in Trade Secret Misappropriation Litigation, Jones Day University - November 18, 2010
Trade Secret Litigation: Recent Developments and Best Practices, San Diego Intellectual Property Law Association - October 30, 2010
Hot Topics in Trade Secret Law, State Bar of California IP Institute - June 8, 2010
Managing Patent Litigation: Views from the Bench and Bar, The San Diego Chapter of The Federal Bar Association - May 20, 2010
Defending Trade Secret Litigation, Intellectual Property Owners Association CLE Teleconference and Live Audio Webcast
"Randy Kay is very effective at managing teams, serving clients and has especially strong expertise in Trade Secrets law — having authored a treatise on the subject."Legal 500 United States
- University of Michigan (J.D. 1990); University of California, Irvine (B.A. 1987)
- California; U.S. Supreme Court; all U.S. District Courts in California and the Eastern District of Texas; and U.S. Courts of Appeals for the Federal, Ninth, and Tenth Circuits
Legal 500 US: Intellectual Property/Trade Secrets (Litigation and Non-Contentious Matters): Hall of Fame
Chambers USA: Intellectual Property: Trademark, Copyright & Trade Secrets
Daily Journal: "Top Trade Secrets Lawyers" in California; "Top Intellectual Property Lawyers" in California
The National Law Journal, Intellectual Property Trailblazers Honoree
IAM Patent 1000, United States: California, Recommended Individual: "Randy Kay makes Jones Day a premier destination for major trade secret disputes"