Audrey Kwak

Audrey Kwak is a partner in the firm’s Litigation practice group. She is a seasoned litigator with extensive experience in complex commercial, construction, government contracts and intellectual property disputes. She represents clients ranging from Fortune 500 companies to emerging businesses, guiding them through every stage of dispute resolution, from pre-litigation strategy and mediation to trial, arbitration, and appeal.

Audrey regularly advises clients on commercial agreements, including supply, distribution, software, and master services agreements, and counsels businesses on data privacy, risk mitigation, and best practices for vendor and supplier relationships. She also has significant experience enforcing restrictive covenants and resolving disputes involving trademarks, copyrights, unfair competition, and antitrust claims across industries such as financial services, e-commerce, manufacturing, pharmaceuticals, and retail.

She has secured successful outcomes in matters involving high-stakes antitrust and Lanham Act litigation, multimillion-dollar construction claims, and intellectual property disputes before federal courts and the U.S. Trademark Trial and Appeal Board. Her notable matters include the defense of over $100 million in claims asserted against a pipeline owner, the prosecution of both trade secret and copyright cases, and resolving complex disputes arising from corporate acquisitions.

Representative Experience

• Represented plaintiff contractor in trade secret litigation against former employee and competitor employer; member of trial team that prevailed at trial, resulting in a multimillion-dollar jury award.
• Successfully secured payment for subcontractor for delay damages incurred in completing public project.
• Represented small woman-owned business enterprise in appeal of adverse size determination; successfully secured reversal of determination.
• Represented metals-supplier in antitrust action; member of multi-defendant defense team that secured dismissal of action in preliminary stages of litigation.
• Represented client corporation in defense of dispute involving alleged breaches of asset purchase agreement, resulting in favorable defense outcome after bench trial.
• Regularly counsel contractors and subcontractors as to negotiation of contract terms, and how to cost-effectively and efficiently resolve payment disputes with private and public owners.
• Work with small business owners, disadvantaged businesses enterprises, and minority and women-owned business enterprises in securing and preserving necessary certifications for award of government contracts.
• Handle various intellectual property disputes and litigation on behalf of manufacturers, contractors, and suppliers, including patent infringement litigation, patent false marking suits, and opposition proceedings before the Trademark Trial and Appeal Board (TTAB).