People: Robert B. Milligan, Partner

Photo of Robert B. Milligan, Partner

Robert B. Milligan

Partner

Los Angeles - Century City
Direct: (310) 201-1579
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Mr. Milligan is a partner in the Litigation and Labor & Employment Departments of Seyfarth Shaw LLP.  Mr. Milligan co-chairs the firm's Trade Secrets, Computer Fraud & Non-Competes practice group.  His practice encompasses a wide variety of commercial litigation and employment matters, including general business and contract disputes, unfair competition, trade secret misappropriation and other intellectual property theft, franchise litigation, real estate litigation, insurance bad faith, invasion of privacy, consumer and employee class actions, wrongful termination, discrimination and harassment claims, wage and hour disputes, ADA and OSHA compliance, whistleblower and SOX cases, bankruptcy, and other business torts. His practice focuses on trade secret, non-compete, and data protection litigation and transactional work on a state, national, and international platform.

Mr. Milligan represents clients in state and federal courts in complex commercial litigation and employment litigation.  His experience includes trials, binding arbitrations and administrative hearings, mediations, as well as appellate proceedings.  Mr. Milligan also provides advice to clients concerning a variety of business and employment matters, including non-disclosure, non-compete, and invention assignment agreements, corporate investigations, trade secret and intellectual property audits, commercial landlord/tenant disputes, ADA and OSHA compliance, and an assortment of franchise and bankruptcy issues.

Mr. Milligan was selected as a Southern California Super Lawyer Rising Star in Intellectual Property and Business Litigation.  He also served as a contributing editor of Trade Secret Litigation and Protection in California and is an author of chapters in Continuing Education of the Bar’s Trade Secrets Practice in California. He is also the editor of Seyfarth’s trade secret blog, www.tradesecretslaw.com, and was recognized by Legal 500 for the firm’s trade secret practice.

Mr. Milligan serves as a member of the State Bar of California Intellectual Property Law Section Executive Committee, Chair of the Section’s Trade Secrets Interest Group, and as a Chair of the Intellectual Property Committee for the ITechLaw Association.  He also serves as Chair of the ABA Intellectual Property Section’s Trade Secrets and Tortious Interference Committee.

He served as a judicial extern for the Superior Court of Yolo County, Civil Law Division and the Honorable Christopher M. Klein of the United States Bankruptcy Court, Eastern District of California. 

Mr. Milligan is a partner in the Litigation and Labor & Employment Departments of Seyfarth Shaw LLP.  Mr. Milligan co-chairs the firm's Trade Secrets, Computer Fraud & Non-Competes practice group.  His practice encompasses a wide variety of commercial litigation and employment matters, including general business and contract disputes, unfair competition, trade secret misappropriation and other intellectual property theft, franchise litigation, real estate litigation, insurance bad faith, invasion of privacy, consumer and employee class actions, wrongful termination, discrimination and harassment claims, wage and hour disputes, ADA and OSHA compliance, whistleblower and SOX cases, bankruptcy, and other business torts. His practice focuses on trade secret, non-compete, and data protection litigation and transactional work on a state, national, and international platform.

Mr. Milligan represents clients in state and federal courts in complex commercial litigation and employment litigation.  His experience includes trials, binding arbitrations and administrative hearings, mediations, as well as appellate proceedings.  Mr. Milligan also provides advice to clients concerning a variety of business and employment matters, including non-disclosure, non-compete, and invention assignment agreements, corporate investigations, trade secret and intellectual property audits, commercial landlord/tenant disputes, ADA and OSHA compliance, and an assortment of franchise and bankruptcy issues.

Mr. Milligan was selected as a Southern California Super Lawyer Rising Star in Intellectual Property and Business Litigation.  He also served as a contributing editor of Trade Secret Litigation and Protection in California and is an author of chapters in Continuing Education of the Bar’s Trade Secrets Practice in California. He is also the editor of Seyfarth’s trade secret blog, www.tradesecretslaw.com, and was recognized by Legal 500 for the firm’s trade secret practice.

Mr. Milligan serves as a member of the State Bar of California Intellectual Property Law Section Executive Committee, Chair of the Section’s Trade Secrets Interest Group, and as a Chair of the Intellectual Property Committee for the ITechLaw Association.  He also serves as Chair of the ABA Intellectual Property Section’s Trade Secrets and Tortious Interference Committee.

He served as a judicial extern for the Superior Court of Yolo County, Civil Law Division and the Honorable Christopher M. Klein of the United States Bankruptcy Court, Eastern District of California. 

Education

  • J.D., University of California, Davis, King Hall School of Law (2001)
    Duberstein National Bankruptcy Moot Court Participant
    Executive Editor, University of California Davis Law Review
    Public Interest Scholar
  • B.A., Gonzaga University (1997)
    summa cum laude
    Alpha Sigma Nu Phi Alpha Theta
  • Villanova University (2009)
    Certificate of Achievement in Lean Six Sigma

Admissions

  • California

Courts

  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central, Eastern, Northern and Southern Districts of California

Affiliations

  • ITechLaw Association (IP Committee Chair)
  • State Bar of California (Business Law Section; Intellectual Property Section, Trade Secret Subsection; Employment Law Section; Litigation Section)
  • Los Angeles County Bar Association (Litigation Inn of Court)
  • Beverly Hills Bar Association
  • International Franchise Association
  • Society of Competitive Intelligence Professionals
  • Association of Business Trial Lawyers
  • American Bar Association (Chair of Trade Secrets and Tortious Interference Committee)

Representative Engagements

Complex/Business Litigation

  • Black Donuts v. Big O Tires (Multiple franchisee/franchisor dispute).
  • Woodhouse v. Lincoln Benefit Life Company et al. (Represent client in multiple party case on claims for breach of contract and elder abuse).
  • Ohanesian v. Bosley, Inc. et al. (Obtained dismissal with prejudice of suit brought against corporate entities and individual for alleged breach of fiduciary duty). 
  • Aral v. Earthlink (Consumer class action related to internet service).
  • Roy v. Heald College (Class action related to alleged tuition overcharges).
  • Louie v. Countrywide (Represent tenant in ADA access case involving multiple parties and locations).
  • CRTA v. Peace (Action to restore $500 million in pension benefits to retired teachers trust fund).
  • Guerra v. Allstate Life Insurance (Represent client on claims for bad faith, breach of contract, and fraud).
  • Davis v. California Culinary Academy (Obtained summary judgment in landlord-tenant dispute; decision affirmed by California Court of Appeal).
  • Garcia v. Protective Life Insurance Company (Obtained favorable resolution for client on claims for bad faith and breach of contract).
  • Roseville Plaza LLC v. Sizzler USA Real Property (Represent tenant in dispute with commercial landlord relating to option rights).
  • ANJ Construction v. Allstate Insurance Company (Obtained summary judgment for client on claims for professional negligence and fraud and request for punitive damages).
  • Spencer v. Easterday/Amsan) (Represent tenant in dispute with commercial landlord relating to lease default issues, and pursue counterclaims for various claims including fraud, unfair business practices, and breach of agreement).
  • Universal Underwriters Insurance Company v. M.F. Salta Co. (Obtained summary judgment for client on claims for breach of contract and bad faith).

Trade Secrets, Non-Competes and Intellectual Property

  • Kaplan Higher Education v. Mitchell et al. (Represent higher education company in employee raiding and theft of confidential information suit).
  • eLoyalty v. Spanlink Communications (Represent telecommunications company in multi-state litigation involving non-competition and trade secret claims).
  • Pacific Dental Benefits v. Liberty Dental et. al. (Represent health care provider in suit involving trade secret and breach of duty of loyalty claims).
  • Staffmark v. Westaff (Represent staffing company in connection with multi-state litigation concerning non-compete and trade secret claims).
  • Sara Lee v. Albrecht (Represent Sara Lee in connection with ex-employees violating confidentiality and non-solicitation agreements in Nevada and New Mexico).
  • PKELLEY Enterprises v. Crate & Barrel, Inc. (Defend client in case involving alleged copyright infringement).
  • US Tower et al. v. Wifieye, Inc. (Prosecute claims for trade secret theft involving security technology).
  • Robert Half International Inc. v. Bateman (Assisted client in obtaining permanent injunctive relief against former employee’s misappropriation of trade secrets).
  • Vitek v. Countrywide (Defend client in case involving alleged misappropriation of trade secrets and employee raiding).
  • Rewards Network v. Acacia Funding (Assisted client in obtaining injunctive relief against former employee’s misappropriation of trade secrets).
  • Specialized Direct Response v. Customer Satisfaction Improvement Corp. (Assisted client in obtaining injunctive relief against use of trade secrets and unfair competition).
  • Independent Ink Inc v. Illinois Tool Works (Assisted client in obtaining dismissal of suit for false advertising under Lanham Act).
  • Advantage Partners v. Salton Inc. (Assist with defense of patent infringement suit).
  • Save On Service Marketing v. Specialized Direct Response (Defend client in case involving alleged misappropriation of trade secrets and employee theft).
  • Vans Inc v. GM Footwear Corp. (Assisted client in obtaining permanent injunction in trademark infringement matter).

Labor and Employment

  • Santos v. CH Robinson (Represent client in sexual harassment suit brought by former employee).
  • Park v. Kaplan (Represent client in arbitration involving claims for false imprisonment, battery, assault, breach of contract, and false promise).
  • Doe v. McClatchy (Disability discrimination case brought by former employee).
  • Doe v. Countrywide (Race and age discrimination case brought by contractor).
  • Wong v. Countrywide (Obtained complete defense award in arbitration involving claims for race discrimination, false promise, and breach of contract).
  • Doe v. Countrywide (SOX whistleblower case brought by former employee).
  • Hall v. CH Robinson (Represent client in suit involving claims of sexual harassment and violation of non-compete).
  • Junkin v. Countrywide (Wrongful termination case brought by former employee).
  • Burkhardt v. Countrywide (Age discrimination case brought by former employee).
  • People of State of California v. Spherion (Represent client in case involving alleged violations of Business and Professions Code for alleged wage and hour violations).
  • In the Matter of the Appeal of Staff Resources, Inc. (Represent client in appeal of alleged OSHA violations).
  • Keifer v. Hamilton Engine Products (Assisted client in obtaining summary judgment in harassment case in federal court).
  • Hill v. QB Rebuilders (Defend client in case involving alleged harassment and hostile work environment).

Bankruptcy/Creditors’ Rights

  • Big O Tires v. Park (Obtained writ of possession and preliminary injunction in security interest action).
  • Banco Popular v. Cardinal & Gold (Represent lender in judicial foreclosure action).
  • Kendall v. HSN Interactive LLC (Represent client in turnover action brought by Trustee).
  • Gomes v. Staff Resources (Obtained favorable resolution of wage claim in bankruptcy case).
  • In re Precision Farming (Obtained favorable resolution for client in case involving significant wage claims and preference exposure).
  • Allstate Life Insurance Company v. McKee (Obtained judgment against debtor for fraudulent conveyance).
  • In re DrKoop.com) (Assisted client in Chapter 7 filing).

Presentations

  • “The Dynamics of a Trade Secret Case - The Joys, Burdens & Frictions of the In-House & Outside Counsel Relationship?,” AIPLA Trade Secret Law Summit, Washington, D.C (October 22, 2013)
  • “Hot Topics in Trade Secrets Across the Nation,” ABA Annual Meeting, San Francisco (August 9, 2013)
  • Moderator, “Patents vs. Trade Secrets: Best Practices for Protecting and Enforcing IP," State Bar of California Intellectual Property Section  (August 7, 2013)
  • “Representation of Clients in Cross-Border Corporate and Transactional Matters, Including Protecting Valuable Assets,” California State Bar International Law Section’s Taking Your Practice International Program, San Diego (May 31, 2013)
  • “Trade Secrets and Cybersecurity: What Every Attorney Should Know,” Bridgeport Continuing Education, Los Angeles (May 17, 2013)
  • “Big Data and Privacy,” 2013 ITechLaw World Technology Conference & Annual Meeting, Scottsdale (May 2, 2013)
  • “The Masters Conference on Trade Secrets and Cloud Computing,” Masters Series, San Francisco (April 17, 2013)
  • Co-presenter, “Keeping Trade Secrets Secret In Age of Social Media and Cloud Computing,” ABA-IPL 28th Annual Intellectual Property Law Conference, Washington D.C. (April 3, 2013)
  • “The Latest Developments in Social Media in the US, Europe, and Latin America from an IP Rights Perspective,” ITech Law Webinar (January 30, 2013)
  • “Recent Amendments To Economic Espionage Act,” ITechLaw and California State Bar Trade Secret Group (January 2013)
  • Co-presenter, ““Hiring Competitors’ Employees and Protecting the Company When Competitors Hire Yours,” Innovative Video Webinar on Trade Secret Protection Best Practices (December 6, 2012)
  • “Trade Secrets Breakfast Briefing,” Breakfast Briefing, Los Angeles and Orange County (October 25, 2012 and October 27, 2012)
  • “Legal Developments in Protecting IP from Infringement on the Internet: Failure of SOPA and PIPA,” 2012 ITechLaw World Technology Conference & Annual Meeting, Washington D.C. (May 3, 2012)
  • “Co-presenter, “Online Copyright Infringement, File Sharing and ISPs,”  ITech Law Webinar (February 29, 2012)
  • “Global Dancing Among the Clouds - The Legal Impact of Social Media and Cloud Computing,” Annual Meeting of Intellectual Property Law Section for the New York Bar Association (January 24, 2012)
  • "Online Copyright Infringement, File Sharing and ISPs - Where Are We Now?" ITechLaw Webinar (July 26, 2011)
  • "Hot Topics in California Trade Secret Law," State Bar of California Intellectual Property Section, Trade Secret Subcommittee (June 2011)
  •   “Hot Topics in California Trade Secret Law,” California State Bar Intellectual Property Section Program Los Angeles, California (May 4, 2011)
  • "Trade Secret Investigations - The Legal and Technical Perspective," LegalTech West (May 2011)
  •  “The Anatomy of a Trade Secret Audit: Is the Data that Drives Your Company Adequately Protected?” Seyfarth Shaw LLP Webinar (May 2011)
  • "Managing and Protecting Information (Including Trade Secrets) in the Cloud," 2011 ITechLaw World Technology Law Conference & Annual Meeting (May 2011)
  •  “Corporate Website Hazards: What In-House Counsel Needs to Know,” Los Angeles County Bar Association’s Corporate Law Department Section Business Roundtable (February 2011)
  •  “Trade Secret Protection in a Mobile Employment Environment,” State Bar of California Annual Meeting (September 2010)
  •  “Trade Secret Litigation and Protection in California,” Seyfarth Shaw LLP Webinar (May 2010)
  •  “Employees Run Amok:  A Roundtable Program on Recent Developments in California Trade Secrets Law and Covenants Not to Compete,” Los Angeles County Bar Association’s Corporate Law Department Section (April 2010)
  •  “Keeping on The Right Side of the Line:  Best Practices for Acquiring Competitive Intelligence from A Legal Perspective,” Society of Competitive Intelligence Professionals (SCIP) 2010 International Conference and Exhibition (March 2010)
  •  “Litigation / Arbitration with Franchisees:  Cost Containment: How, When & Why,” International Franchise Association’s 50th Annual Convention (Feb. 2010)
  •  “Dowell v. Biosense Webster, Inc.,” Intellectual Property Law Section of the State Bar of California, Trade Secret Subsection (Feb. 2010)
  •  “Protecting Trade Secrets in Times of Increased Staff Mobility,” National Business Institute, National Live Teleconference (July 2009)
  •  “Operating in a Challenging Economy - Creating Efficiencies, Process Improvements and Predictability in Commercial and Employment Litigation,” Association of Corporate Counsel (July 2009)
  •  “Psst! Can You Keep a Secret? Making Sure that Trade Secrets Stay Secret Under the UTSA,” Beverly Hills Bar Association Intellectual Property, Internet & New Media Section (July 2009)
  •  “Brescia v. Angelin: Trade Secret Identification Under C.C.P. § 2019.210,” California State Bar’s Trade Secret Standing Committee of the Intellectual Property Law Section (July 2009)
  •  “Best Practices for Gathering Intelligence and Sealing Leaks Without Exposing Yourself and Your Company to Liability,” Society of Competitive Intelligence Professionals Annual Convention (Chicago, Illinois) (April 23, 2009)
  •  “Non-Compete/Non-Solicitation Issues in the Franchise Context,” International Franchise Association Annual Convention (San Diego, California) (February 17, 2009)
  •  “The Impact of Edwards v. Arthur Andersen, How it Will Affect Lawyers and Their Clients,” Reedlogic Video Seminars
  •  “Strategies for Handling Trade Secret Disputes,” California State Bar Annual Meeting (September 2008)
  •  “Asset Marketing Systems, Inc. v. Gagnon: Ninth Circuit Recognizes Trade Secret Exception to Business and Professions Code Section 16600?,” California State Bar’s Trade Secret Standing Committee of the Intellectual Property Law Section (September 2008)
  •  “How Not to Inadvertently Waive the Attorney Client Privilege,” Association of Corporate Counsel (July 2008)
  •  “Anti-Slapp Motions & Cease and Desist Letters,” California State Bar's Trade Secret Standing Committee of the Intellectual Property Section (May 2008)
  •  “How to Make the Most of Mediation,” Association of Corporate Counsel (Summer 2007)
  •  “Protecting Trade Secrets,” Sacramento Area Human Resource Association
  •  “Sarbanes-Oxley for the Human Resources Function,” West Coast Labor and Employment Symposium

Publications