Ken Kuwayti is co-chair of Morrison & Foerster’s Commercial Litigation Group. His practice concentrates on complex commercial litigation and trials, with a particular focus on intellectual property and securities disputes.
Mr. Kuwayti represents U.S. and foreign corporations in intellectual property disputes and trials. His cases have involved a broad range of technology industries, including software, semiconductor, Internet, and life sciences.
Mr. Kuwayti has successfully brought, and defended, numerous trade secret cases in state and federal court. Mr. Kuwayti was a member of the team that successfully tried a recent high profile smartphone case leading to a jury verdict of over $900 million. He represented the University of California in patent litigation against a leading life sciences company over a pioneering patent involving human growth hormone. The resulting $200 million settlement, reached after a six-week jury trial, remains one of the top 10 settlements in any biotechnology patent case in the United States.
Mr. Kuwayti also represents public companies and their officers and directors in securities class actions, shareholder derivative suits, internal investigations, and SEC proceedings. In addition, he represents privately funded and emerging companies in disputes over corporate governance and breaches of fiduciary duty, as well as in disputes between boards of directors, investors, partners, and founders. Mr. Kuwayti frequently litigates actions arising from mergers and acquisitions and broken deals.
A significant part of Mr. Kuwayti’s practice involves prelitigation counseling for companies seeking to avoid litigation and/or to better prepare themselves for litigation that may arise. He has extensive experience in arbitration and mediation proceedings.
Mr. Kuwayti clerked for the Supreme Court of Canada in 1990-91. He served as managing partner of the Palo Alto office from 2005 to 2010.
Mr. Kuwayti is recommended by Northern California Super Lawyers and is recognized as one of the top 300 lawyers in Silicon Valley by the San Jose Business Journal. He was also named to The BTI Client Service All-Stars 2012 list by corporate counsel in recognition of his excellence in client service. He is a contributing editor to the treatise Trade Secrets (Law and Business 2013).