Overview

Holly Gaudreau focuses her practice on commercial litigation, including antitrust, unfair competition, trademark, and copyright. She also advises clients on compliance and litigation matters involving California's Safe Drinking Water and Toxic Enforcement Act (Proposition 65).

Prior to joining the firm, Ms. Gaudreau was an associate at a California-based litigation boutique. She also served as a judicial extern for the Honorable Ming W. Chin of the California Supreme Court. In addition, Ms. Gaudreau participated in her law school’s international human rights clinic and lobbied delegates of the United Nations Commission on Human Rights in Geneva, Switzerland.

Prior to law school, Ms. Gaudreau worked as a senior legislative aide for a member of Congress in Washington, D.C. and was responsible for legislation involving international trade, science and technology, telecommunications, the environment, energy and small business.

Ms. Gaudreau is a member of the firm's Pro Bono Committee. She was recognized as a 2017 Northern California “Super Lawyer” for Intellectual Property Litigation by Super Lawyers magazine. Ms. Gaudreau is the recipient of Iranian American Bar Association Northern Chapter 2014 Pro Bono Award.

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Experience

Represented plaintiff in predatory pricing, tying, price and services discrimination claims against rival provider of San Francisco Bay Cruises. Favorable settlement at trial after successful appeal. Fisherman's Wharf Bay Cruise Corp. v. Blue & Gold Fleet, 7 Cal. Rptr. 3d 628 (2004); 114 Cal. App. 4th 309 (2003).

Succeeded in winning a jury verdict for a small San Francisco marketing firm against a subsidiary of the $55-billion News Corporation empire, operated by Rupert Murdoch. The firm proved to the jury that News America used steep discriminatory price discounts to corner the United States market for promotional circulars that were distributed through newspapers around the nation. The federal court affirmed the jury's verdict as a violation of the California antitrust laws, which prohibit the use of discriminatory price discounts to lock out competitors. Theme Promotions, Inc. dba Theme Co-Op Promotions vs. News America Marketing FSI, Inc., 546 F 3d 991 (2008); 731 F. Supp. 2d 937 (N.D. Cal. 2010).

Represented global chemical products company in antitrust and unfair competition lawsuits against a number of the client's suppliers that were accused of participating in a conspiracy to fix prices and restrain trade in the carbon fiber market. Cytec Engineered Materials, Inc. v. Hercules, et al., No. 8:07-cv-00528-FMC-RNBx (C.D. Cal. 2007). Cytec Engineered Materials Inc. v. Hercules, et al., No. BC370895 (State of California, Los Angeles Superior Court (2010).

Represented Sony Network Entertainment International LLC in patent infringement action related to authorizing access to digital content. William Grecia v. Sony Network Entertainment International LLC, No. 3:14-cv-00969-EMC (N.D. Cal. 2014) (Consolidated lead case 3:14-cv-00775-EMC).

Represented plaintiffs in action involving copyright restoration under the Uruguay Round Agreements Act. Golan, et al. v. Ashcroft, et al., No. 01-1854 (D. Colo. filed Sept. 19, 2001).

Represented GO Computer, Inc. in antitrust action alleging exclusionary practices. GO Computer Inc. v. Microsoft Corporation (State of California, San Francisco Superior Court, No. CGC-05-442684) (2005).

Represented SCEA in a Lanham Act, unfair competition, misappropriation and tortious interference action involving SCEA's fictional character used to promote PlayStation® products. Sony Computer Entm't Am. LLC v. Bridgestone Americas, Inc., No. C12-04753 CRB (N.D. Cal. filed Sept. 11, 2012).

Represented a green technology company in licensing dispute and prosecuted cross-claim for breach of warranty and fraud. Clean Heat LLC v. Enviro-Log Inc. (State of California, Shasta County Superior Court, No. 173130) (2011).

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Education

University of San Francisco School of Law, J.D. (2000) Moot Court Award for Best Oral Argument; Journal of Law and Social Challenges, Staff Editor; Intellectual Property Law Bulletin, Staff Editor; Saul Leftowitz Intellectual Property Moot Court Competition, Participant

Hanover College, B.A., International Studies and Communication (1991)

Admissions

California (2000)

Court Admissions

U.S. District Court for the Northern District of California

U.S. District Court for the Central District of California

U.S. District Court for the Eastern District of California

U.S. District Court for the Southern District of California

U.S. District Court for the District of Colorado

U.S. Court of Appeals for the Ninth Circuit

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Professional & Community Activities

The Bar Association of San Francisco, Justice & Diversity Center, Leadership Council Member

The Bar Association of San Francisco, Justice & Diversity Center, Former Board Member

The Bar Association of San Francisco, Antitrust and Business Regulation, Intellectual Property Section, International Human Rights Section, Member

American Bar Association, Litigation and Antitrust Sections, Member

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