Summary

Sara Graves has broad experience in commercial and intellectual property litigation, with a background that includes representing companies and individuals in patent infringement, trade secret misappropriation, misuse of confidential information, breach of contract, professional liability, fraud, and white collar cases. Practicing in California state and federal court, Ms. Graves has represented clients in a variety of industries, including biotech and medical device, information technology and analytics, venture capital, and manufacturing. Ms. Graves has over a decade of experience managing commercial litigation matters throughout all phases, from fact investigation, fact and expert discovery and motion practice, to alternative dispute resolution and trial preparation. She has served as lead counsel in a six-day arbitration hearing. Ms. Graves also has significant experience counseling clients concerning pre-litigation strategy, providing advice regarding commercial contracts and performing intellectual property due diligence for corporate transactions.

Ms. Graves counsels individuals on employment issues as well, particularly with regard to establishing, or ending, an employment relationship.  She regularly prepares and negotiates offer letters, employment agreements and separation agreements.

Prior to joining Bergeson, LLP, Ms. Graves was an associate at Latham & Watkins LLP from 2003 to 2011, practicing in both the San Francisco and Silicon Valley offices of that firm. She is a member of the State Bar of California; the American Bar Association; the Federal Bar Association and the Santa Clara County Bar Association. Ms. Graves previously served as a member of the Amicus Committee of the Silicon Valley Campaign for Legal Services.

Representative Cases

  • Represented prominent technology company in declaratory relief action and cross-claims for breach of contract and declaratory relief involving a dispute over the cancellation provisions of an agreement to provide IT services to a large financial institution.
  • TIBCO Software Inc. v. RapidMiner, Inc., et al. (San Mateo Sup. Ct.)
    Representing RapidMiner, Inc. and its CEO in a case involving claims by TIBCO for trade secret misappropriation, breach of contract/non-solicitation obligations and interference.
  • Voskerician v. Zuckerberg, et al. (Santa Clara Sup. Ct.)
    Represented Iconiq Capital LLP and Divesh Makan, financial advisers to Mr. Zuckerberg, in a case brought by a real estate developer alleging fraud and civil conspiracy. Successfully obtained dismissal with prejudice without any payment by defendants before trial.
  • Peralta Community College District v. Johnson Controls, Inc. (CA)
    Represented Peralta Community College District in breach of contract and California False Claims Act case.
  • Unisense Fertilitech A/S v. Auxogyn, Inc. (N.D. CA)
    Represented Auxogyn, Inc. and Stanford University in a declaratory judgment patent action involving technology to assist in determining human embryos’ potential for developmental competence. Successfully obtained dismissal on a motion to dismiss for lack of subject matter jurisdiction.
  • Nguyen v. Huang, et al. (Sonoma County Sup. Ct.)
    Represented the CEO and President of Unicond defending an action involving a contract related to sound electronic assemblies. Successfully obtained dismissal with prejudice without any payment by defendants on the eve of trial.

Publications

Author: “Dealing with Cryopreserved Embryos upon Divorce: A Contractual Approach Aimed at Preserving Party Expectations,” UCLA Law Review, Vol. 50, No. 4 (2003).
Co-Author: “Federal Trade Secrets Legislation and California: Resolving the Conflicts Within and Without,” Northern California Association of Business Trial Lawyers (ABTL) Report, Vol. 23, No. 3, Spring 2015 (with Jaideep Venkatesan).