Eric Tate

Partner at Morrison & Foerster LLP

Eric Tate

Eric Tate

Partner at Morrison & Foerster LLP

Biography

Eric Tate is co-chair of the firm’s Global Employment and Labor Group. He has represented technology and other companies in the biggest and most highly-publicized trade secrets and employee raiding and mobility cases across multiple industries. Eric also represents companies in whistleblower, wage and hour, and other employment litigation. In addition, Eric counsels companies on employment law compliance and transactional matters, including enforceability of restrictive covenants throughout the United States, internal investigations of alleged executive misconduct and whistleblower activity, employment aspects of mergers and acquisitions, and collective bargaining and traditional labor relations.

Eric is a leader in the American Bar Association (ABA) Labor and Employment Section and Employment Rights and Responsibilities Committee, serving as co-chair of the Covenants Not to Compete and Trade Secrets Subcommittee and recently elected to the governing Council for the Labor and Employment Section. Eric has also served as a past co-chair of the ABA’s Annual Meeting Committee, the ABA Labor and Employment Law Section Annual CLE Conference, the ABA’s Annual Meeting Committee, and the Alternative Dispute Resolution, Employment At-Will and Collateral Torts, and Worker Dislocation Subcommittees. He also served on the Planning Committee for the National Employment Law Council’s Annual Conference. Eric has been recognized by San Jose magazine as one of Silicon Valley’s Top 300 lawyers, as a Super Lawyer by Northern California Super Lawyers magazine, and as one of the Daily Journal’s “Top 20 Under 40.” He has also been listed in Legal 500 US and Best Lawyers in America.

Eric is a thought leader and on the Board of Review for leading BNA treatises Trade Secrets: A State-by-State Survey; Covenants Not to Compete; Employee Duty of Loyalty; and Tortious Interference in the Employment Context. He also is a contributing editor for Trade Secrets (Law and Business) and author of “Trade Secrets and the Activision Case: Lessons for Employers and Employees” in the IP Litigator; “Protect Your Investments: Recent Developments in California Law Regarding Non-competition Agreements and Other Restrictive Covenants” in NVCA Today; “Microinequities: Can Bad Behavior Be Actionable?” in The National Law Journal; “The When, Who and How of Workplace Investigations” in The Practical Litigator; Trade Secrets: A State-by-State Survey (BNA) 5th Edition, Board of Review Associate Editor; Covenants Not to Compete (BNA) 10th Edition, Board of Review Associate Editor; Employee Duty of Loyalty (BNA) 5th Edition, Board of Review Associate Editor; Tortious Interference in the Employment Context (BNA) 4th Edition, Board of Review Associate Editor; “A TRO Non-Compete Primer for the 21st Century,” paper for ERR Midwinter Meeting presentation; “The NLRB’s Decision in Browning-Ferris of California (2015) One Month Later: Is the Sky Falling for Employees?” in Morrison Foerster Employment Law Commentary; and “California Raises Bar for Employers Again: Gender Pay Bias Claims Set to Take Off With New Gender Pay Equity and Anti-Discrimination Law” in Bloomberg BNA Daily Labor Report.

Eric serves as a mediator for the Northern District of California’s Alternative Dispute Resolution Program, handling trade secrets and employee mobility, wage and hour, employment discrimination and harassment, and traditional labor relations matters.

Eric is active in community endeavors. He founded and is a former president of the board of directors of Hapa Issues Forum, Inc., a nonprofit community organization that addresses issues relating to persons of partial Asian descent. In addition, Eric is a past president of the board of directors of the Japanese Cultural and Community Center of Northern California. He also is a member of the INROADS Alumni Association, the 100 Black Men of the Bay Area, Inc., and has served as a mentor for students in the Level Playing Field Institute’s IDEAL Scholars Program.

Eric received his B.A. in political science from the University of California, Berkeley, and his J.D. from the Boalt Hall School of Law at the University of California, Berkeley.

Representative Trade Secret and Employee Mobility Litigation Matters

* Defended technology company in landmark trade secret misappropriation and patent infringement federal court lawsuit that settled five days into trial.
* Defended former Chief Scientific Officer of international biotechnology company that was accused of trade secrets misappropriation in federal court lawsuit that was settled before trial.
* Defended founder and CEO of artificial intelligence start-up accused of trade secrets misappropriation and usurpation of corporate opportunities.
* Represented Fortune 50 corporation in trade secret and employee and customer raiding lawsuit against former co-founder and top executives who launched a competing business that achieved a nearly $1 billion IPO. Matter ultimately resolved with client obtaining a $70M+ settlement.
* Represented international virtualization software company in trade secret misappropriation and employee and customer raiding lawsuit against several former executives.
* Represented North American provider of IT solutions and services in series of lawsuits across the United States to combat alleged employee and customer raiding activities by competitor.
* Defended investment bank in lawsuit involving enforceability of departing executive’s post-termination non-competition agreement.
* Represented international video game maker in trade secret misappropriation lawsuits against former executives and new competing business.
* Defended national mortgage company in trade secret misappropriation and employee and customer raiding lawsuit filed by competitor.
* Defended North American home furnishings retail chain in trade secret misappropriation and employee raiding lawsuit filed by competitor.

Representative Wage and Hour Litigation Matters

* Defended molecular diagnostics company in nationwide Fair Labor Standards Act collective action.
* Defended national construction company in class action for failure to comply with California wage laws.
* Defended international technology company in class action for failure to accurately pay wages to technicians.
* Defended national restaurant chain in class action regarding alleged failure to comply with California wage laws for 10,000 employees.
* Defended international engineering and construction company in class action regarding alleged failure to comply with California overtime laws.
* Defended landscaping company in class action regarding alleged failure to comply with California meal- and rest-period laws.
* Defended directors of defunct technology company in lawsuit by former employees for unpaid wages.

Other Representative Litigation Matters

* Obtained complete defense award on behalf of technology company in lawsuit filed by former co-founder alleging that the company failed to repurchase upon termination restricted stock valued at more than $5M.
* Defended leading corporate social responsibility company in whistleblower and employment discrimination lawsuit filed by former finance executive.
* Defended international laser and fiber-optics company in lawsuit alleging fraud regarding stock options.
* Defended international video game maker in whistleblower and employment discrimination lawsuit filed by former executive.

Representative Traditional Labor Matters

* Negotiated collective bargaining agreements for companies across various industries.
* Represented employers in numerous arbitrations of discipline and contract interpretation disputes.
* Represented employers in strike, secondary boycott, R hearing, and various other traditional labor matters.

Other Representative Non-Litigation and Transactional Matters

* Represent employers in IP related due diligence investigations of potential target companies and

Overview
Career Highlights

Hapa Issues Forum

RelSci Relationships

1210

Number of Boards

3

Number of Awards

5

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Co-Chair, Global Corporate Department at Morrison & Foerster LLP

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Partner at Morrison & Foerster LLP

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Partner at Morrison & Foerster LLP

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Partner at Morrison & Foerster LLP

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Partner at Morrison & Foerster LLP

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Partner at Morrison & Foerster LLP

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Senior Vice President & Chief Legal Officer at SoftBank Group Corp.

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Chair & Chief Executive Partner at Morrison & Foerster LLP

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Managing Partner, Europe at Morrison & Foerster LLP

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Managing Partner, Singapore at Morrison & Foerster LLP

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Eric Tate
Partner at Morrison & Foerster LLP
Education
JD
Class of 1995

The University of California, Berkeley, School of Law, commonly referred to as Berkeley Law and Boalt Hall, is one of 14 schools and colleges at the University of California, Berkeley. Berkeley Law is consistently ranked as one of the top law schools in the nation, with acceptance rates lower than every school except Yale and Stanford. The Department of Jurisprudence was founded at Berkeley in 1894. In 1912, the department was renamed the School of Jurisprudence, which was then renamed the School of Law in 1950. The School was originally located in the center of the main UC Berkeley campus in the Boalt Memorial Hall of Law, built in 1911 with funds largely from Elizabeth Josselyn Boalt donated in memory of her late husband, John Henry Boalt. In 1951, the School moved to its current location in the new Boalt Hall, at the southeast corner of the campus, and the old Boalt Hall was renamed Durant Hall. In April 2008, the law school rebranded itself from "Boalt Hall" to "Berkeley Law", in order to more closely tie the law school's name with the campus upon which it resides. The administration hopes that this move will further increase the law school's prestige, since people will now associate it with the Berkeley campus.

BA in Political Science
Class of 1992

University of California Berkeley National rankings: In a National Research Council analysis of 212 doctoral programs at American universities, 48 Berkeley programs place among the top 10 nationwide. Faculty awards and honors: There are 8 Nobel Laureates, 32 MacArthur Fellows, and 4 Pulitzer Prize winners among the current faculty. History of UC Berkeley: Historical highlights, arranged by topic, following the campus's development — from UC's founding in 1868 to a turn-of-the-century building boom, a research explosion in the 1930s, the Free Speech Movement of the '60s, and Berkeley's key role today in science and technology revolutions. Timeline of discoveries and contributions by UC Berkeley scholars. Traditions of Cal: Who was the Angel of Death? What's with the "Big C" up there in the hills — and why is it sometimes green? Who wears Oski's jolly bear head and size 54 yellow sweater? Tours and webcams: Check out what's happening on Sproul Plaza, the campus's true heart. See stunning live views of the Bay Area from the Lawrence Hall of Science's perch in the Berkeley hills. Chancellor and administration: Information on Chancellor Robert Birgeneau, Executive Vice Chancellor and Provost George W. Breslauer, and how the university is organized. Organizational charts are included. UC System overview and links: On the campuses, laboratories, and medical centers that comprise UC's public educational system, as well as UC's K-12 partnerships, economic impact, and agriculture and environmental resources.

Memberships
Member
Current

American Bar Association provides legal services. It provides law school accreditation, continuing legal education, legal information and other services to assist legal professionals. The firm has members which include judges, court administrators, law professors, and non-practicing attorneys. The company was founded on August 21, 1878 and is headquartered in Chicago, IL.

Career History
Partner
Current

Morrison & Foerster is a firm of exceptional credentials. Their name is synonymous with a commitment to client service that informs everything that they do. They are recognized throughout the world as a leader in providing cutting-edge legal advice on matters that are redefining practices and industries.

Founder
Tenure Unconfirmed
Mediator, Alternative Dispute Resolution Program
Tenure Unconfirmed
Political Donations
$2,500
2012

Former President of United States

Transactions
Details Hidden

Mozilla Corporation purchases Read It Later, Inc. from Foundation Capital LLC, Axel Springer Digital GmbH, New Enterprise Associates, GV Management Co. LLC, DG Incubation, Inc., Founder Collective Management Co. LLC, Baseline Ventures, QueensBridge Venture Partners LLC, Sound Ventures LLC

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MGM Resorts International purchases Marina District Development Company LLC from Boyd Gaming Corporation

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McKesson Corporation, McKesson Specialty Health, Inc. purchase Biologics, Inc.

Awards & Honors
2008
Daily Journal - Top 20 Under 40
Admitted to the California Bar
Best Lawyers - Best Lawyers in America
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