A first-chair trial lawyer and litigator, Astor Heaven gets results and meets clients’ needs by exacting tough and disciplined advocacy, creating and fostering relationships, providing creative solutions, and deploying team member assets in a cost-conscious and effective manner. Astor represents defense, government contracting, and technology clients in high-stakes complex commercial and trade secrets litigation, whether in court or in arbitration.
Astor litigates, arbitrates, and tries complex commercial and trade secrets disputes for defense, government contracting, and technology clients, including some of the country’s largest defense industry entities. He has prosecuted and defended requests for emergency relief (including temporary restraining orders and preliminary injunctions), and has litigated and arbitrated commercial disputes related to teaming agreements, technology transfers, leases, military sales, and various other commercial and trade secret issues. Astor also has substantial experience litigating antitrust matters. A U.S. Naval Academy graduate and former U.S. Navy Surface Warfare officer, his military background factors in his case work, bringing a unique perspective and discipline to client matters, whether as lead attorney or contributing to a team’s overall success.
Astor also counsels clients on trade secrets-related matters, including conducting audits, managing risk, and performing other assessments of trade secret strength and protection. A frequent speaker, he has presented regarding trade secret issues at the American Intellectual Property Law Association, the Practising Law Institute, and other conferences. Astor also serves as a panelist for the Sedona Conference Working Group on Trade Secret Issues.
Representative Matters
Complex Commercial Litigation
- Representing a technology entity in a class action involving claims of fraud, fraudulent concealment, and violations of various state consumer protections and unfair competitions statutes.
- Representing a government contractor in litigation involving the breach of a lease agreement.
- Representing a defense contractor in an international arbitration regarding an offset transaction associated with a foreign military sale transaction.
- Representing a defense contractor in litigation regarding an offset transaction associated with a foreign military sale transaction.
- Representing a government contractor in AAA arbitration pertaining to the breach of a non-solicitation agreement.
- Representing a defense contractor in an international arbitration pertaining to a commercial dispute with a subcontractor.
- Representing a device manufacturer as a plaintiff in a copyright infringement lawsuit regarding an automotive performance programmer.
Trade Secrets
- Representing Lenovo in a trade secrets misappropriation matter pertaining to software code used on a community website.
- Representing a defense contractor in a trade secret misappropriation matter pertaining to the design and testing of certain U.S. Navy ships.
- Representing a probiotics manufacturer in a matter involving claims of trade secret misappropriation, false advertising, and breach of contract.
- Representing plaintiff E.I. du Pont de Nemours and Company in a trade secret misappropriation matter regarding its Kevlar® technology.
Antitrust
- Representing corporate clients in actions to recover damages resulting from a price-fixing conspiracy regarding Cathode Ray Tubes.
- Representing corporate clients in actions to recover damages resulting from a price-fixing cartel regarding LCD panels.
- Representing Humana in litigation against the U.S. Department of Justice in the DOJ’s attempt to enjoin the acquisition of the company by Aetna.
- Representing a major U.S. airline in defense of Sherman Act Section 1 and Section 2 claims brought by the U.S. Department of Justice regarding slots at Newark Liberty International Airport.
- Representing AT&T in defense of a nationwide antitrust class action relating to the iPhone.
Insights
Speeches & Presentations
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"Intellectual Property for Government Contractors: What’s New for 2022?" Back Together Again for OOPS 2022, Washington, D.C.
(May 16, 2022).
Speakers: Jonathan M. Baker, William H. Frankel, Astor Heaven, and M. Yuan Zhou.
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"2021 Trade Secrets Year in Review and What Lies Ahead," Crowell & Moring Webinar, 2022.
(January 25, 2022).
Speakers: Astor Heaven, Christine B. Hawes, Raija Horstman and Dalton Hughes.
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"Sharing Trade Secrets With Other Organizations," The Sedona Conference WG12 Annual Meeting 2021
(December 13, 2021).
Speaker: Astor Heaven.
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"What’s New in Non-Competes and Trade Secrets? State law updates to noncompete and trade secrets law (including CA)," AIPLA 2021 Trade Secret Summit
(November 9, 2021).
Speaker: Astor Heaven.
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"What’s New in Non-Competes and Trade Secrets? State law updates to noncompete and trade secrets law (including CA)." AIPLA 2021 Trade Secrets Summit," Austin, Texas.
(November 8, 2021).
Speaker: Aston Heaven.
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"Ethics in Trade Secret Cases," AIPLA Annual Meeting
(October 29, 2021).
Speaker: Astor Heaven.
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AIPLA 2021 Annual Conference, Avoiding Ethical Traps in Trade Secret Cases: How to Manage Joint Engagements, Employee Investigations, Spoliation of Evidence and Other Ethical Challenges Common to Trade Secret Disputes
(October 29, 2021).
Speaker: Astor Heaven.
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"Intellectual Property for Government Contractors: Continued Efforts by the U.S. Government to Obtain Broader Rights," OOPS 2021, Crowell & Moring's 37th Annual Ounce of Prevention Seminar
(May 14, 2021).
Presenters: Jonathan M. Baker, Astor Heaven, John E. McCarthy Jr., Julia Milewski, and M. Yuan Zhou.
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"Trade Secrets Investigations," Investigations: Readiness and Response Webinar Series
(April 29, 2021).
Presenters: Caroline E. Brown, Stephen M. Byers, Astor Heaven, Christine B. Hawes, and Raija Horstman.
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"Part 1 - Higher Education and the Biden Administration’s Priorities: Are there significant changes ahead?" Crowell & Moring Webinar
(January 19, 2021).
Presenters: Amanda Shafer Berman, Caroline E. Brown, Astor Heaven, Laurel Pyke Malson, Rebecca L. Springer, Suzanne E. Rode, and Eli Berns-Zieve
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"Is the Platform You’re Using a Potential Threat to Protecting Your Trade Secrets?" Crowell & Moring Webinar
(May 13, 2020).
Presenters: Gabriel M. Ramsey, Astor Heaven, Helen Osun, and Michael G. Gruden.
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"Ethical Issues in Noncompete Matters: Fulfilling Obligations to Clients and the Court While Avoiding Traps for the Unwary," PLI Conference, San Francisco, CA
(January 31, 2020).
Panelist: Astor Heaven.
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"Legal Strategies for Trade Associations and Their Members: Best Practices for Maintaining the Attorney-Client Privilege," American Bar Association Webinar
(November 12, 2014).
Moderator: Astor Heaven.
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"The Bowl Championship Series - Is Antitrust Needed To Level The Playing Field?," ABA Section of Antitrust Law - Trade, Sports, and Professional Associations Committee Teleconference, Washington, DC
(February 3, 2010).
Panel moderator: Astor Heaven.
Publications
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"NBA Star Zion Williamson Secures Wins on the Basketball Court and in the Courtroom, After Defeating Claims of Trade Secret Misappropriation," Crowell & Moring’s Trade Secrets Trends
(August 9, 2022).
Authors: Emily Tucker and Astor Heaven.
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"Restrictive Covenants in the Seventh Circuit," Crowell & Moring’s Trade Secrets Trends
(May 10, 2022).
Authors: Dalton Hughes and Astor Heaven.
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"Trade Secrets – Expect Claims to Keep Rising," Crowell & Moring's Litigation Forecast 2022
(January 12, 2022).
Contributors: Astor Heaven
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"City Claims Google’s Water Use Is A Trade Secret and Exempt from Oregon’s Public Records Laws," Crowell & Moring’s Trade Secrets Trends
(November 23, 2021).
Authors: Crinesha B. Berry and Astor Heaven.
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"Supreme Court declines to weigh in on notice required to trigger statute of limitations for trade secret misappropriation claims," International Law Office
(November 16, 2021).
Authors: Emily Tucker and Astor Heaven.
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"Supreme Court Declines to Weigh in on Notice Required to Trigger Statute of Limitations for Trade Secret Misappropriation Claims," Lexology
(November 16, 2021).
Authors: Emily Tucker and Astor Heaven.
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"Illinois Amends Requirements for Non-Compete Agreements," Crowell & Moring’s Trade Secrets Trends
(November 1, 2021).
Authors: Eli Berns-Zieve and Astor Heaven.
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"Supreme Court Declines to Weigh in on Notice Required to Trigger Statute of Limitations for Trade Secret Misappropriation Claims," Crowell & Moring’s Trade Secrets Trends
(October 18, 2021).
Authors: Emily Tucker and Astor Heaven.
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"Curiosity Killed A Motion to Dismiss: A Biotech Company’s Business Negotiations Turn into a Trade Secrets Fight," Crowell & Moring’s Trade Secrets Trends
(September 22, 2021).
Authors: Crinesha B. Berry and Astor Heaven.
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"Flying Car Trade Secrets Dispute to Be Heard on the Merits," Crowell & Moring’s Trade Secrets Trends
(September 20, 2021).
Authors: Ian Logan and Astor Heaven.
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"Addressing Wrinkles in California’s Threatened Misappropriation of Trade Secrets Law," Crowell & Moring’s Trade Secrets Trends
(June 1, 2021).
Authors: Astor Heaven and Jamie M. Zeevi.
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"Massachusetts Supreme Judicial Court Rules that Employees May be Held Liable to Their Employer Under Massachusetts’ Unfair and Deceptive Trade Practices Law," Crowell & Moring’s Trade Secrets Trend
(May 18, 2021).
Authors: Valerie M. Goo, Astor Heaven and Jessica Franzetti.
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"Federal Court Imports California Trade Secret Disclosure Rule and Narrows DTSA Claim," Crowell & Moring’s Trade Secrets Trends
(March 31, 2021).
Authors: Dylan Burstein and Astor Heaven.
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"Ninth Circuit Allows Defend Trade Secrets Act Claims for Conduct Predating the DTSA," Crowell & Moring’s Trade Secrets Trends
(January 5, 2021).
Authors: Laura Schwartz, Astor Heaven and Suzanne Trivette.
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"DOJ Step-by-Step Guidance to Determine if Trade Secrets are Confidential Under the Freedom of Information Act (FOIA)" Crowell & Moring’s Trade Secrets Trends
(July 29, 2020).
Authors: John Arszulowicz and Astor Heaven.
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"Under Alcom v. Temple, Speculative Harm Does Not Meet the Irreparable Harm Requirement," Crowell & Moring’s Trade Secrets Trends
(May 12, 2020).
Authors: Benjamin Christoff and Astor Heaven.
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"Tech Companies, National Security, Trade Secrets, and the Increased Controls on the Export of Emerging Technologies," Crowell & Moring’s Trade Secrets Trends
(April 10, 2020).
Authors: John Arszulowicz and Astor Heaven.
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"Is the Platform You’re Using a Potential Threat to Protecting Your Trade Secret?" Crowell & Moring’s Trade Secrets Trends
(April 9, 2020).
Authors: Helen Osun and Astor Heaven.
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"Prosecutions of Trade Secret Theft by Former Employees in Autonomous Vehicle Development," Crowell & Moring’s Trade Secrets Trends
(April 1, 2020).
Authors: Rukiya Mohamed and Astor Heaven.
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"Coronavirus Related Restrictions on Emergency Trade Secrets Filings in New York," Crowell & Moring’s Trade Secrets Trends
(March 30, 2020).
Authors: Eli Berns-Zieve, Astor Heaven and Anne Elise Herold Li.
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"Pauwels v. Deloitte: A Cautionary Tale About Informal Approaches to Protecting Confidential Business Information," Crowell & Moring’s Trade Secrets Trends
(March 25, 2020).
Authors: Benjamin Christoff and Astor Heaven.
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"New Charges Leveled Against Huawei, et al." Crowell & Moring's Trade Secrets Trends
(March 2, 2020).
Authors: Eli Berns-Zieve and Astor Heaven.
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"11 Military Leadership Principles To Build Winning Trial Teams," Law 360
(January 16, 2020).
Author: Astor Heaven.
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"District of Colorado Awards “Exemplary Damages” Against Former Employee for Misappropriation of Bovine Serum Trade Secrets," Crowell & Moring's Trade Secrets Trends
(October 10, 2019).
Authors: Emily Tucker and Astor Heaven.
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"S.D.N.Y. Holds the 2016 DNC WikiLeaks Dump Did Not Violate The Defend Trade Secrets Act," Crowell & Moring's Trade Secrets Trends
(August 22, 2019).
Authors: Kimberley Johnson and Astor Heaven.
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"The ITC Institutes New 337 Investigation for Misappropriation of Trade Secrets Relating to Foodservice Equipment," Crowell & Moring's Trade Secrets Trends
(July 18, 2019).
Authors: Benjamin Christoff and Astor Heaven.
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"Huawei in Hot Water: Trump Declares National Emergency," Crowell & Moring's Trade Secrets Trends
(May 28, 2019).
Authors: Astor Heaven and Allegra K. Flamm.
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"Delaware Chancery Court Adopts a “Narrow Approach” in Applying the CFAA, Aligning Itself with the Ninth, Second, and Fourth Circuits," Crowell & Moring's Trade Secrets Trends
(May 24, 2019).
Authors: Astor Heaven and Emily Tucker.
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"Tracking 2019 Trends In State and Federal Legislation," Crowell & Moring's Trade Secrets Trends
(April 26, 2019).
Authors: Astor Heaven and Meg Gomes.
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"Restrict Covenants in the Eleventh Circuit," Crowell & Moring's Trade Secrets Trends
(April 4, 2019).
Authors: Michelle Chipetine and Astor Heaven.
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"U.S. Continues to Take Strong Action to Combat against Chinese Economic Espionage," Crowell & Moring's Trade Secrets Trends
(March 1, 2019).
Author: Astor Heaven.
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"11 Military Leadership Principles To Build Winning Trial Teams," Law360
(January 16, 2019).
Author: Astor Heaven.
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"Don't Hold Back: The FTC Attacks Endo for Agreeing to Delay Launch of an Authorized Generic," Bloomberg BNA's Pharmaceutical Law & Industry Report
(May 13, 2016).
Authors: Keith J. Harrison, James K. Stronski, Olivier N. Antoine, Astor Heaven, and Anne Elise Herold Li.
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"Pharmaceutical Litigation Update: Changing Landscape," The Antitrust Counselor, ABA Section of Antitrust Law's Corporate Counseling Committee, Vol. 10.1
(September 2015).
Authors: Chahira Solh and Astor Heaven.
Client Alerts & Newsletters
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"COVID and the Courts: State Court Edition,"
Litigation Alert
(March 30, 2020).
Contacts: Amanda Shafer Berman, Astor Heaven, Andrew Holmer, Mark A. Klapow, Eli Berns-Zieve
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"Two Men Indicted for Alleged Theft of GE Trade Secrets for Turbine Technology,"
Trade Secrets Alert
(April 30, 2019).
Contacts: Astor Heaven, Robert B. Kornweiss
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"No Such Thing as Small Potatoes When It Comes To Protecting Your Trade Secrets,"
Trade Secrets Alert
(April 24, 2019).
Contact: Astor Heaven
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"U.S. Charges Chinese and Taiwanese Companies with Trade Secret Theft, Continues Vigilant Prosecution of Chinese Economic Espionage,"
Trade Secrets Alert
(November 6, 2018).
Contacts: Astor Heaven, Robert B. Kornweiss
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"U.S. Antitrust Agencies Offer "Antitrust Guidance for Human Resources Professionals","
Antitrust Law Alert
(October 27, 2016).
Contacts: Ryan C. Tisch, Kris D. Meade, Astor Heaven
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"Don’t Hold Back: The FTC Attacks Endo for Agreeing to Delay Launch of an Authorized Generic,"
Antitrust Law Alert
(March 31, 2016).
Contacts: Keith J. Harrison, James K. Stronski, Olivier N. Antoine, Astor Heaven, Anne Elise Herold Li
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"Third Circuit Rules That FTC v. Actavis Covers More Than Cash,"
Antitrust Law Alert
(July 2, 2015).
Contacts: Keith J. Harrison, Astor Heaven, Anne Elise Herold Li
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"FTC Continues Hard Line Against Reverse Payment Patent Settlements in the Pharmaceutical Sector,"
Antitrust Law Alert
(June 2, 2015).
Contacts: Keith J. Harrison, Lisa Kimmel, Ph.D., Astor Heaven, Ali Tehrani
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"CA Supreme Court Fashions 'Structural' Rule of Reason Analysis for Pay-for-Delay Settlement Agreements,"
Antitrust Law Alert
(May 12, 2015).
Contacts: Keith J. Harrison, Astor Heaven, Lisa Kimmel, Ph.D.
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"Oneok/Learjet: Supreme Court Rejects Pipeline Claim that FERC Preempts Price-Manipulation Suit Under State Law,"
Antitrust Law Alert
(April 27, 2015).
Contact: Astor Heaven
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"National Labor Relations Board Decides That Student Athletes Are Employees,"
Labor & Employment Law Alert - US
(April 3, 2014).
Contacts: Thomas P. Gies, Laurel Pyke Malson, Astor Heaven
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"Federal Circuit's En Banc Princo Decision Limits Patent Misuse Doctrine,"
Antitrust Law Alert
(September 2, 2010).
Contacts: Robert A. Lipstein, Astor Heaven
Press Coverage
Firm News & Announcements
| January 12, 2022 |
Crowell & Moring Releases Litigation Forecast 2022: What Corporate Counsel Need to Know for the Coming Year |
| May 13, 2021 |
The National Black Lawyers Selects Crowell & Moring Lawyers as Top 100 and Top 40 Under 40 Members |
| January 4, 2021 |
Crowell & Moring Elects Nine New Partners and Promotes 18 to Counsel Positions |
| November 25, 2019 |
Harlem Park Residents Sue Baltimore Police, Former Commissioner, Over Drastic, Multi-Day Lockdown |
| September 20, 2019 |
Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States |
| October 15, 2018 |
Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States |
| October 31, 2017 |
Super Lawyers Recognizes 79 Crowell & Moring Lawyers Across United States |
| November 30, 2016 |
Super Lawyers Recognizes 71 Crowell & Moring Lawyers Across United States |
| May 5, 2016 |
Crowell & Moring Announces 2016 Legal Counsel on Legal Diversity Fellow and Pathfinders |
| October 27, 2015 |
Super Lawyers Recognizes 90 Crowell & Moring Attorneys |
| January 22, 2015 |
Crowell & Moring's Antitrust Group Featured in Global Competition Review's 15th Edition "GCR 100" |
| September 30, 2014 |
Super Lawyers 2014 Recognizes 90 Crowell & Moring Attorneys |
| January 17, 2013 |
Crowell & Moring Elects Seven New Partners and Promotes Twelve Attorneys to Senior Counsel and Counsel Positions |
| March 30, 2012 |
Crowell & Moring's Astor Heaven Named 2012 LCLD Fellow |