Peter J. Toren

Shareholder
New York

Peter Toren is a shareholder in the New York office of Anderson Kill and a member of the firm’s Intellectual Property, Cyber Law and Criminal Defense practice groups. 

Peter is an experienced litigator with over 30 years of experience, who has successfully represented clients in a variety of matters in venues throughout the United States at trial and appellate levels.  He has represented clients in patent litigation involving a variety of technologies including computer software and hardware, light emitting diodes, biotechnology, semiconductor manufacturing obtained and fabrication, optics and medical devices as well as business methods.  Peter has successfully obtained and defended motions for preliminary injunctions and summary judgment motions involving the Patent Act, Copyright Act, Lanham Act, Digital Millennium Copyright Act (“DMCA”),  and Computer Fraud and Abuse Act (“CFAA), and the Economic Espionage Act (“EEA”). He is generally regarded as one of the country’s experts on trade secret law.

Peter also has experience in computer law including cybersecurity and has defended clients criminally charged with computer hacking, trafficking in counterfeit goods and theft of trade secrets. He has also overseen internal investigations for a number of clients involving a variety of subject matters. Finally, Peter is the author of Intellectual Property and Computer Crimes (Full Court Press 2021), and co-author of Defend Trade Secrets Act Handbook (Wolters Kluwer, 2020), and has published over 100 articles on a variety of legal subjects.  

Prior to joining Anderson Kill, Peter was a partner at Sidley Austin as well as a Federal Prosecutor with the Computer Crime and Intellectual Property Section (CCIP) of the Criminal Division of the United States Department of Justice where he worked for over eight years and served as Acting Deputy Chief.  While there, he oversaw a number of high-profile investigations and prosecutions involving criminal copyright including the prosecution of the then largest counterfeit computer software operation in the United States, trafficking in counterfeit goods including for trafficking in counterfeit computer memory modules which resulted in the then largest fine ever assessed for a criminal intellectual property violation, computer hacking and one of the first cases ever tried under the EEA. He was also a Special Assistant United States Attorney in the U.S. Attorney’s Office for the District of Columbia where he represented the United States in dozens of criminal trials.  He received Meritorious Achievement Award from the government in 1994 and Special Achievement Awards in 1992, 1993, 1995, 1996 and 1997.

Peter was also an Adjunct Professor of Law on Cyberlaw at Hofstra University.

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Recognized in New Your Super Lawyers 2006-2010; Recognized in Washington, D.C. Super Lawyers in 2013, 2016, 2017 and 2018.

New York Intellectual Property Law Association; New York Bar Association; American Intellectual Property Law Association; American Bar Association; Federal Bar Council; Federal Circuit Bar Association.

Chairman, American Intellectual Property Law Association (AIPLA) subcommittee on Cybersecurity; Member Board of Governors, University of San Francisco School of Law; Member Advisory Board, BNA’s Internet Law Resource Center; Member Advisory Board, BNA’s Internet Law & Regulation; Member Board of Editors, Internet Law & Strategy; Member Board of Editors, AIPLA Quarterly Law Journal (2006-2009).

Peter was actively involved in pro bono legal matters and has represented an inmate on death row in Alabama.  He has also worked with a writer’s advocacy organization in opposing a major settlement involving Google books in New York.

  • Chen v. United States of America, No. 1:19-cv-00045, (S.D.Ohio) (co-lead counsel for plaintiff re: Federal Tort Claims Act and Bivens claims, case has been widely reported in the press).
  • Advanced Analytics, Inc. v. Citigroup Global Markets, Inc., No 04 Civ. 3531 (LTS), (co-lead counsel for plaintiff re: theft of trade secrets).
  • Man & Machine, Inc. v. Seal Shield, LLC, No. 8-14-cv-01829 (D.Md.) (lead counsel for plaintiff and counterclaim defendant Man & Machine re: false advertising and theft of trade secrets. Retained by plaintiff less than three months before trial. Case settled on third day of jury trial on terms very favorable to Man & Machine).
  • TomTom Inc. v. Michael Adolph, (co-lead counsel for counterclaim defendant Michael Adolph re: patent infringement involving a method for generating and updating data for use in a destination tracking system. (E.D.Va. 2012-2016).
  • David Toren. Federal Republic of Germany, et al, (co-lead counsel for plaintiff David Toren re: paintings looted by the Gestapo in 1942) (pending in D.D.C.).
  • Stanford University v. Harmonic, Inc. (lead counsel for co-defendant re: patent infringement involving fiber optic amplifiers) (C.D. Cal. 2007-2009).
  • In Re: Rembrandt Technologies LP Patent Litigation (lead counsel for co-defendant Adelphia Communications re: patent infringement involving cable modems; after originally seeking damages of over $120 million plaintiff entered into consent of non-infringement; plaintiffs awarded attorney’s fees. (D. Del. 2007-2010).
  • Bro-Tech Corporation v. Thermax, Inc., (co-lead counsel for plaintiff Bro-Tech Corporation re: theft of trade secrets involving ion exchange resin manufacturer) (E.D.Pa. 2007-2009).
  • Goss International Corporation v. Man Roland Druckmaschinen Aktiengesellschaft, 491F.3d 355 (8th Cir. 2007) (co-lead counsel from 2003-2008 for co-defendant Tokyo Kikai Seisagusho; successful appeal from issuance of an anti-suit injunction based on the Anti-Dumping Act of 1916).
  • The Author’s Guild. V. Google, Inc. (co-lead counsel for Amicus Curiae The Author’s Guild) (S.D.N.Y. 2009-2019).
  • Euro RSCG Worldwide v. Tarzian (lead counsel for plaintiff re: trademark infringement (D.Ct. 2008-2009).
  • Renard Marcel Daniel v. State of Alabama, (lead counsel for petitioner Renard Daniel; argued before the Alabama Court of Criminal Appeals in a habeas corpus  death penalty case).
  • United States v. Bukai, (co-lead counsel re: trafficking in counterfeit goods and criminal copyright infringement) (E.D.N.Y. 2009-2010).
  • Eppendorf GmbH v. Ritter GmbH (lead trial counsel for plaintiff re: trade dress infringement; jury awarded plaintiff $1.75 million after two week trial (S.D. Miss. 2000-2003).
  • Neumark  and Columbia University v. Toyodei Gosei (lead counsel for plaintiff re patent infringement involving process for manufacturing of light emitting diodes; successfully settled after two day Markman hearing) (S.D.N.Y. 2005-2006).
  • IBEP v. Serono, Inc. (lead counsel for co-defendant re: patent infringement involving bioengineering method (C.D.Cal. 2002-2006).
  • Physicians Interactive v. Lathian Systems, 2003 U.S. Dist. LEXIS 22868 (E.D.Va. Dec. 5, 2003) (lead counsel for plaintiff re copyright infringement and violations of the Computer Fraud & Abuse Act, obtained preliminary injunction.
  • The McGraw-Hill Companies, Inc. v. International Securities Exchange, Inc. et al., 451 F.3d 295 (2d Cir. 2006) (lead counsel for co-defendant, Options Clearing Corp. re: trademark infringement).
  • Frazier v. Roessell Cine Photo Tech, Inc., 417 F.3d 1230 (Fed. Cir. 2005)  (lead trial counsel for defendant re: patent infringement involving design for commercial motion picture camera lens).
  • Ferrari S.p.A. and Ferrari North America v. Michael Schudroff and BBS Automotive Group d/b/a Carriage House (lead counsel for defendants et al re: trademark infringement; successfully opposed motion for preliminary injunction. (S.D.N.Y. 2003-2006).
  • Pjur Group v. Megasol Cosmetic GmbH, (lead counsel for defendants; successfully opposed motion for preliminary injunction and was awarded attorney’s fees) (S.D.N.Y. 2003-2005).
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Ex Parte Seizures Five Years After the Enactment of the Defend Trade Secrets Act
IPWatchdog | March 26, 2021
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Ninth Circuit Gives Guidance on Specification of Trade Secrets under the Defend Trade Secrets Act
IPWatchdog | February 02, 2021
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What Mattered in 2020? Industry Experts Have Their Say on This Year’s Biggest Moments in IP
IPWatchdog | December 28, 2020
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Supreme Court Ponders Proper Application of the Computer Fraud and Abuse Act
IP Watchdog | December 01, 2020
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Defending Trade Secrets with Protective Orders
IP Watchdog | October 27, 2020
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Trade Secret Lessons from Epic Systems v. Tata Consultancy Services
IPWatchdog | August 31, 2020
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Improper Means’: The Eleventh Circuit’s Very Dubious Trade Secrets Decision in Compulife Software v. Newman (Part II)
IPWatchdog | July 14, 2020
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A Dubious Decision: Eleventh Circuit Finds Scraping of Data from a Public Website Can Constitute Theft of Trade Secrets (Part I)
IPWatchdog | July 02, 2020
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Are Machines ‘Agents’ for Purposes of the Patent Venue Statute? (Part II)
IPWatchdog | April 16, 2020
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Are Machines ‘Agents’ for Purposes of the Patent Venue Statute? (Part I)
IPWatchdog | April 14, 2020
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EDUCATION

Columbia University School of International and Public Affairs, M.I.A.
University of San Francisco School of Law, J.D., with honors
Bowdoin College, B.S.

BAR ADMISSIONS

California
New York
District of Columbia

COURT ADMISSIONS

United States Supreme Court; U.S. Court of Appeals for the 2nd, 3rd, 5th, 8th, 9th, 11th and Federal Circuits; U.S. District Court for the Eastern District of New York; U.S. District Court for the Southern District of New York; U.S. District Court for the Northern District of California; C.D. California; S.D. California; D.D.C.; U.S. Court of International Trade.