Trade Secret Litigation
- He and his team won a jury verdict for AT&T Wireless in a complex and protracted trade secret dispute, defeating a damages claim for up to $4 billion. (Original IFPC Shareholders, Inc. et al. v. AT&T Wireless Services, Inc. et al. (DuPage County, Illinois 2003)).
- Mr. Pascal and his team developed the now widely utilized doctrine of "inevitable disclosure" to enjoin a departing executive of PepsiCo from competing against his former employer by "inevitably" utilizing specific sensitive information gained during his prior employment. The injunction entered by a U.S. District Court for the Northern District of Illinois judge was affirmed by the U.S. Court of Appeals for the Seventh Circuit in an opinion widely reported in the trade and legal press (PepsiCo, Inc. v. Redmond et al. (7th Cir. 1995)).
He has been a licensed pilot for many years and has successfully tried to judgment an aircraft crash case against the United States. [See, 89 F.Supp.2d 983 (N.D. Ill. 1999)]
In addition to his trade secrets work, Mr. Pascal has represented plaintiffs and defendants in patent, trademark, copyright, false advertising and unfair competition disputes. He has briefed and argued a number of claim interpretation proceedings and has successfully briefed and tried inequitable conduct claims in a full evidentiary hearing
Securities and Market Regulation Litigation
Mr. Pascal has represented options exchanges and their clearing agency in seminal cases in the U.S. Courts of Appeals for the Second and Ninth Circuits, including a case involving the right of those clients to list and conduct trading in options on the underlying securities of companies of the exchange’s choosing.
His securities clients have included publicly listed corporations, hedge funds and privately held entities.
Alternative Dispute Resolution
Mr. Pascal has experience in alternative dispute resolution, including the representation of clients in a number of mediations and active participation in a national dispute resolution organization.