Diane Cafferata is a partner in the firm's Los Angeles and Chicago offices. Her practice involves complex commercial litigations in federal and state courts, where she represents both plaintiffs and defendants. She has substantial experience in trade secret, patent and other intellectual property matters, class actions, derivatives and other financial matters, construction and real estate disputes, contract and business tort cases, and probate litigation. Ms. Cafferata’s transnational practice includes several foreign clients and issues of comparative law.
Ms. Cafferata’s background as a JD/MBA, and the breadth of her experience, help her develop creative strategies for advancing her clients’ interests at every stage, before, during or after litigation. She has become known for her innovative solutions in particularly challenging cases.
Ms. Cafferata has been recognized nationally and globally for her work on behalf of plaintiffs in complex commercial litigation. In 2021, Ms. Cafferata was named to “Women of Influence” by the Los Angeles Business Journal. This year, she was named for the third time as one of the Top 50 Women Leaders in Law by Women We Admire.
In July 2020, Ms. Cafferata published Business Litigation Demystified (Little Phoenix Publishing), which hit #1 in four Amazon categories in its first week. Business Litigation Demystified is a readable and entertaining overview of the U.S. litigation process. It provides background to business executives, managers and lawyers in domestic and foreign companies that enables them to make better, more informed decisions around dispute resolution issues. In April 2023, Ms. Cafferata published Business Litigation Demystified Discussion Guide (Little Phoenix Publishing), which is designed to stimulate classroom discussion in courses where Business Litigation Demystified is used as a textbook.
Ms. Cafferata teaches trial advocacy and other litigation skills at the firm each year. She takes great pride in mentoring young lawyers and building teams that impress clients, judges and opposing counsel alike. Ms. Cafferata has proudly served as counsel for the Rose Bowl Legacy Foundation for the last seven years.
- Advent International
- Alcor Life Extension Foundation
- American Leather
- California Herbal Remedies / Los Angeles Kush
- Diversified Panel Systems
- Frontline Ltd.
- Lehman Brothers Holdings (Official Creditors Committee)
- Mattel
- Qualcomm
- Samsung
- Satyam Computer Services, Ltd.
- Wildlife Studios
- Represented Advent International in an expedited case relating to a COVID-19-related “busted deal” case in Delaware Chancery Court, resulting in a savings of half a billion for our client.
- Represent Alcor Life Extension Foundation in multiple litigations over a decedent’s rights to determine the disposition of his remains.
- Represented cannabis companies California Herbal Remedies and Los Angeles Kush in two intellectual property and business tort cases arising from a failed joint venture.
- Represented the American widow of a Saudi sheikh in connection with multi-jurisdictional actions enforcing her inheritance rights under Sharia’h law.
- Represented the Official Creditors Committee of Lehman Brothers Holdings, Inc. in multibillion-dollar lawsuits against JPMorgan Chase & Co., Citibank, N.A., HSBC, and Credit Suisse in the United States Bankruptcy Court for the Southern District of New York arising from the early termination of hundreds of thousands of derivative trades.
- Represented CIFG Assurance North America in litigation against Bank of America, arising out of fraudulent misrepresentations and breaches of contract in connection with financial guaranty insurance on RMBS.
- Represented Samsung in federal litigation and ITC proceedings against Apple involving smartphone and tablet computer technology. Reported decisions include: Apple Inc. v. Samsung Electronics Co., Ltd., 2012 WL 5451411 (N.D. Cal. 2012); 888 F.Supp.2d 976, 2012 WL 3627731 (N.D. Cal. 2012); 2012 WL 1232267 (N.D. Cal. 2012).
- In patent suit against telecommunications providers involving prepaid wireless technology, won judgment of $128 million, along with additional award of $35 million in interest and royalties and entry of permanent injunction. Reported decisions include: Freedom Wireless v. Boston Communications Group, Inc., 390 F. Supp. 2d 63 (D. Mass. 2005); 369 F. Supp. 2d 159 (D. Mass. 2005); 369 F. Supp. 2d 155 (D. Mass. 2005); 220 F. Supp. 2d 16 (D. Mass. 2002). The verdict was the largest ever awarded in Massachusetts, and was the eighth biggest verdict awarded in the U.S. that year.
- Led a patent enforcement action brought by Northrop Grumman against seven corporate defendants that resulted in licenses amounting to a total of 9 figures. Reported decisions include: The Board of Trustees of the Leland Stanford Junior University et al. v. Tyco International Ltd. et al., 253 F.R.D. 528 (C.D. Cal. 2008); 253 F.R.D. 524 (C.D. Cal. 2008).
- Responsible for decertification of a class and dismissal of class action against Mattel in class action capitol Madison County, Illinois.
- Obtained a favorable trial verdict in Delaware Chancery Court for Nuance Communications in a licensing dispute with a technology vendor.
- Defeated, after bench trial, omitted inventorship claim in suit involving prepaid wireless telephone technology. Reported decisions include: Frugoli (Verizon) v. Fougnies, 74 U.S.P.Q.2d 1716 (D. Ariz. 2004).
- Obtained swift and favorable settlement for a student with respect to violations of the Individuals with Disabilities Education Act in a pro bono matter.
- Antitrust & Competition
- Cannabis Litigation
- Class Action Litigation
- Construction Litigation
- Copyright Litigation
- Crisis Law & Strategy Group
- Domestic U.S. Arbitration
- Lender Liability & Other Banking Financial Institution Litigation
- Litigation Representing Plaintiffs
- Patent Litigation
- Real Estate Litigation
- Satellite & Aerospace Litigation
- Structured Finance & Derivatives Litigation
- Trade Secret Litigation
- Trademark, Trade Dress, Unfair Competition/False Advertising, and Publicity Rights Litigation
- Transnational Litigation
- Sexual Harassment & Employment Discrimination
- Accounting & Financial Reporting Litigation
- Stanford Law School and Stanford Graduate School of Business
(J.D., M.B.A., 1997)- Fellow, Stanford Center on Conflict and Negotiation, 1997
- President, JD/MBA Association, 1996-1997
- The George Washington University
(M.A., Russian and East European Studies, 1991) - Plekhanov Institute of Economics, Moscow, USSR
(Diploma, 1988) - Indiana University
(B.A., Russian Languages and Literatures; Certificate, Russian and East European Institute, 1987)
- The State Bar of California
- The State Bar of Illinois
- California Supreme Court
- United States Court of Appeals:
- Ninth Circuit
- United States District Courts:
- Northern District of California
- Eastern District of California
- Central District of California
- Southern District of California
- Cooley Godward LLP:
- Associate, 1997-1999
- Associate, 1997-1999
- Research Assistant to Professor Constance Bagley, J.D.:
- Stanford Graduate School of Business, 1995
- (work on her book, The Entrepreneur's Guide to Business Law, West Publishing, 1998)
- Stanford Graduate School of Business, 1995
- Named to Lawdragon's 500 Leading Plaintiffs Financial Lawyers (Commercial Litigation, esp. Financial and IP), 2019-2024
- Named to Lawdragon 500 Global Plaintiff Lawyers for Complex Litigation, 2024
- Named to Top 50 Women Leaders in Law by Women We Admire, 2022-2024
- Named Southern California Super Lawyer, 2012 – 2023
- Recognized by Euromoney’s Women in Business Law for Litigation, 2022
- Named to “Women of Influence – Attorneys” by the Los Angeles Business Journal, 2021
- Named to Benchmark’s Plaintiff Top 150 Women in Litigation, 2014
- Named Benchmark Plaintiff Local Litigation Star for California, 2013, 2014
- Named a Stanford Associate for outstanding volunteer service, 2013
- Report on AI in the Practice of Law, California Lawyers Association, September 5, 2024, Co-author.
- Business Litigation Demystified, Audiobook Version, Little Phoenix Publishing, 2024.
- Business Litigation Demystified Discussion Guide, Little Phoenix Publishing, 2023.
- “Equitable Remedies for Contract Actions: Illinois,” Thomson Reuters Practical Law, March 2023, Co-author.
- “Tortious Interference: Illinois,” Thomson Reuters Practical Law, September 2022, Co-author
- "Breach of Contract Defenses: Illinois," Thomson Reuters Practical Law, July 2022, Co-author.
- "Quasi-Contract Claims: Illinois," Thomson Reuters Practical Law, December 2021, Co-author.
- “Fraud: Illinois,” Thomson Reuters Practical Law, July 2021, Co-author.
- Panelist, “Protecting Trade Secrets: Translating Principle Into Practice," LAIPLA, May 25, 2021.
- “CMBS Disputes On The Horizon?” JD Supra, April 2, 2021, Co-author.
- “Opinion: Preventing Harassment & Discrimination in Esports,” The Esports Observer, March 12, 2021, Co-author.
- "Contract Basics for Litigators: Illinois," Thomson Reuters Practical Law, February 2021, Co-author.
- "Report From The Front Lines: COVID-19 M&A Litigation in Delaware," Association of Insolvency & Restructuring Advisors Journal, February 2021, Co-author.
- Panelist, “Diversity and Inclusion in the Esports Industry,” Esports Bar Association, January 14, 2021.
- Business Litigation Demystified, Little Phoenix Publishing, 2020.
- “Supercharging Your Case With Party-Opponent Admissions,” Daily Journal, April 15, 2020, Co-author.
- “An Overview of Recent Motions to Dismiss or Stay CBD Illegality Class Actions,” JD Supra, March 27, 2020.
- “An Overview of Recent Motions to Dismiss or Stay CBD Content Class Actions,” JD Supra, February 19, 2020.
- "Lawyer Limelight: Diane Cafferata," Lawdragon, February 19, 2020.
- Panelist, “Developments in Sexual Harassment Law,” Berkeley Law, February 7, 2020.
- Facilitator, "Rose Bowl Legacy Foundation’s Inaugural Women’s Empowerment Symposium," July 19, 2019.
- Panelist, “Finding Your Voice: Effective Communication Strategies for Young Lawyers,” WLALA, May 15, 2019.
- “Killer Motion Practice, Part II,” Daily Journal, December 11, 2018.
- “Killer Motion Practice, Part I,” Daily Journal, December 4, 2018.
- “Building a Successful Relationship through an Effective Sponsorship Agreement,” The Practitioner, 2017.
- Smarter, Faster Litigation: The 2015 Amendments to the Federal Rules, 2016.
- “Other Proceedings” Evidence: Supercharging Discovery In Your Cases, 2014.
- Member, California Lawyers Association Task Force on Artificial Intelligence, 2024
- Counsel to the Rose Bowl Legacy Foundation, 2015-present
- Member, Multi-Million Dollar Advocates Forum
- Member, Million Dollar Advocates Forum
- Member, Association of Business Trial Lawyers, 2014-Present
- Member, Los Angeles Intellectual Property Law Association, 2011-present
- LAIPLA Ambassador, 2014-Present
- Committee Chairman, 2011
- Member, Board of Visitors, Stanford Law School, 2006-2011
- Member, Board of Directors, Foundation of the State Bar of California, 2006-2009
- Co-Chairman, Stanford Law Society of Los Angeles, 2006-2008
- Co-Chairman, Stanford Law Society of Silicon Valley, 2000-2001
- Member, Los Angeles Bar Association
