Photograph of Kayvan M. Ghaffari

Education

  • University of California, San Diego, B.A. (2011)
  • University of Southern California, Gould School of Law, J.D. (2014) Order of the Coif

Admissions

  • California
  • New York

Languages

  • Farsi

Kayvan M. Ghaffari

,
 Associate San Francisco
kghaffari@crowell.com
Phone: +1 415.365.7223
3 Embarcadero Center, 26th Floor
San Francisco, CA 94111

Kayvan M. Ghaffari is an attorney in the San Francisco office of Crowell & Moring. Kayvan is a member of the Litigation, Intellectual Property, and Privacy & Cybersecurity groups. Kayvan’s areas of emphasis include software-related copyright litigation, cybersecurity and digital crimes, complex commercial litigation, internal investigations, and product counseling. 

A Bay Area native admitted to practice in California and New York, Kayvan works with a diverse array of technology companies on some of the most cutting edge legal issues. Kayvan has substantial experience in high technology and entertainment-related matters involving cybersecurity, digital crimes, trade secrets, patent, copyright, and trademark law. As noted in the engagements below, Kayvan uses a unique blend of creativity and technical know-how to relentlessly protect his clients. In addition to being procedurally meticulous and a compelling writer, he focuses on unearthing ways to unravel the opposing side’s case. He also helps companies avoid litigation by counseling companies ranging from market leaders to start-ups on an array of technology and cyber-related issues.

In addition to helping his clients, Kayvan also uses his legal skills to assist those in need and litigates pro bono cases involving civil and constitutional rights. While attending law school, he started a chapter of the Iraqi Refugee Assistance Project (IRAP), where he worked with attorneys and other law students to provide legal representation to refugees and their families in an effort to help them obtain resettlement. 

Kayvan graduated Order of the Coif from the University of Southern California Gould School of Law, where he also served as senior submissions editor of the Southern California Law Review

Representative Engagements:

Representative clients in both litigation and counseling include: Microsoft, Netflix, Synopsys, eBay, Facebook, Oracle, Varian Medical Systems, TiVo, and Planned Parenthood. 

Representative litigation matters, including trials, include:

  • Synopsys, Inc. v. Ubiquiti Networks, Inc., et al. (N.D. Cal.) — Successfully represented Synopsys in litigation against Ubiquiti Networks, Inc. involving allegations of digital crimes, software piracy, and conspiracy. Litigation involves Digital Millennium Copyright Act anti-circumvention violations and RICO.
  • Twentieth Century Fox Film Corp., et al. v. Netflix, Inc. (Los Angeles Superior Court) Represented Netflix in litigation against Twentieth Century Fox Film Corporation and Fox 21, Inc., involving allegations of unlawful solicitation of employees and use of unlawful non-compete agreements.
  • EMW Women's Surgical Center, et al. v. Glisson (D. Ky.) — Successfully represented a Planned Parenthood in a bench trial in the Commonwealth of Kentucky concerning the constitutionality of a statute governing the licensing of health care facilities.
  • TLX, Inc. v. Accommodations Plus, Inc. (D. Ariz.) Obtained favorable outcome for client in litigation alleging violations of Arizona's trade secrets act.
  • Oracle Corp. v. State of Oregon (D. Or., Ninth Circuit, and Marion County Circuit Court) — Successfully represented client in state and federal litigation, including an evidentiary hearing and an appeal, against the State of Oregon concerning the development of Oregon's health insurance exchange. Litigation involved copyright infringement of computer software code underlying the exchange, constitutional questions concerning the Copyright Remedy Clarification Act and 11th Amendment Immunity, RICO, and False Claims Act.
  • Allaithi v. Rumsfeld (Supreme Court) — Petition for certiorari to U.S. Supreme Court concerning Alien Tort Statute and Religious Freedom Restoration Act.
  • J&J Sports Prod., Inc. v. Salas, et al. (N.D. Cal.) — Obtained favorable outcome for client in litigation alleging violations of television piracy under 47 U.S.C. §§ 553, 605.
  • Facebook Inc. v. Power Ventures, 2013 U.S. Dist. Lexis 137890 (N.D. Cal. 2013) — Successfully obtained an injunction on behalf of Facebook enjoining violations of the Computer Fraud and Abuse Act, CAN-SPAM Act, and California Penal Code section 502.


Affiliations

Admitted to practice: California, New York, U.S. District Court for the Southern District of New York, U.S. District Courts for the Northern, Southern, and Central Districts of California, U.S. Court of Appeals for the Ninth Circuit



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