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1020 Marsh Road, Suite 200
Menlo Park, California 94025
Direct Phone: 650.645.9020
Direct Fax: 650.687.8320
mindy.morton@procopio.com
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Senior Counsel

Mindy M. Morton

Senior Counsel

Admissions
California
New York
Mindy’s practice focuses on internet and intellectual property litigation. She litigates cutting-edge cases at the intersection of technology and free speech issues. She defends internet companies against defamation, copyright, trademark and related claims on First Amendment, Communications Decency Act Section 230, DMCA and US SPEECH Act grounds. She also helps clients resolve disputes involving trade secret, patent, trademark, copyright, computer fraud and non-compete agreement litigation.

Mindy works closely with clients to resolve disputes quickly and efficiently when litigation is not in their strategic interests. When early resolution is not possible, she is a zealous and professional advocate with jury trial experience.

Prior to joining Procopio, Mindy was a partner at Bergeson LLP. She has also practiced at Squire Sanders & Dempsey, Fenwick & West and Cahill Gordon & Reindel.

Mindy is admitted to practice before the United States Supreme Court, the United States Court of Appeal, Ninth and Federal Circuits, and the United States District Court, Northern, Central, Eastern and Southern Districts of California and Southern and Eastern Districts of New York.

Representative Matters
  • Obtained judgment and costs defending a leading online publishing platform in a case involving Communications Decency Act, US SPEECH Act, and First Amendment issues. The case was one of the first cases involving the US SPEECH Act.
  • Negotiated an early dismissal in a case involving alleged trademark infringement for third-level domain names.
  • Served as first chair in a $10M jury trial in Santa Clara County Superior Court (DVS v. Sun, et al.), in which she obtained a nonsuit verdict. Mindy briefed and argued the successful appeal.
  • Represented a group of investors in a $60M breach of contract case involving novel issues of Chinese and New York law, obtaining two motions to dismiss, a $60M writ of attachment and transfer order and a contempt order.
  • Successfully moved to dismiss declaratory relief complaint in case involving patent for embryo imaging.
  • Represented medical device company in patent case involving first sale doctrine.
  • Represented plaintiff in patent dispute involving mobile banking technology.
  • Obtained a temporary restraining order, preliminary injunction, and contempt citation for violation of temporary restraining order against a former employee who started a competing company using client’s technology; case settled favorably on the eve of trial.
  • Represented Napster in its dispute with the recording industry.
  • Defended a group of multinational companies at the district court level for patent infringement involving Intel chipsets. Quanta v. LG Electronics, 553 U.S. 617 (2008).
Education
  • JD, Yale Law School, 1997 (Editor – Yale Law Journal)
  • BA, University of California, Berkeley, Highest Distinction in General Scholarship, Highest Honors in Political Science, Phi Beta Kappa, 1994
Distinctions
  • Martindale-Hubbell® AV Preeminent Rating
  • 2015 Northern California Super Lawyer
Community Involvement
  • Santa Clara County Bar Association –2012 President
  • Open Courts Coalition
  • Schola Cantorum – Co-Chair of 50th Anniversary Committee, Past Chair of the Board of Directors
  • UC Berkeley Class of 1994 Reunion Committee – Co-Chair
  • Yale Law School Association – Executive Committee, Regional Representative

Recent News Coverage

Recent Publications
  • "Technology-Assisted Review: an Effective Way to Tackle the Mountains of Electronic Data,” ABTL Report, April 2015.
  • Co-author. "Technology-Assisted Review: The Judicial Pioneers," The Sedona Conference Journal® Volume 15, December 2014.
  • Co-author. “Dealing With IP Theft By Employees,” The Recorder, September 12, 2012.
  • “Don’t Let Confidential Information Walk Out the Door,” The Bottom Line, Vol. 30, No. 5.
  • “Drafting and Challenging Section 2019.210 Statements in Trade Secret Litigation,” Northern California Association of Business Trial Lawyers Report, Vol. 15, No. 2.
  • Contributing author. “Copyright, Trademark and Trade Dress Litigation Model Jury Instructions,” ABA Section of Litigation.
Recent Seminars
  • Co-presenter. “Ethical Considerations in Intellectual Property Litigation: An Interactive Dialogue and Case Study,” Menlo Park, CA, May 7, 2014.
Mindy is a frequent speaker on electronic discovery, document management, and litigation strategy. She has authored articles on electronic discovery and document management issues.