Robert S. Shwarts

Chair, Global Trade Secrets Practice Group at Orrick, Herrington & Sutcliffe LLP

Robert S. Shwarts

Robert S. Shwarts

Chair, Global Trade Secrets Practice Group at Orrick, Herrington & Sutcliffe LLP

Biography

Robert Shwarts, a partner in the San Francisco office, is the Chair of Orrick's Global Trade Secrets Practice Group.

Mr. Shwarts is an experienced trial attorney, having successfully litigated more than 30 trials and arbitrations in commercial litigation, employment and intellectual property matters.

He has extensive experience representing plaintiffs and defendants in complex trade secret misappropriation cases in state and federal court, and he has conducted numerous TRO and preliminary injunction hearings in aid of these cases.

Mr. Shwarts has broad experience in commercial litigation, having successfully litigated claims of securities fraud, lender liability, breach of contract, breach of fiduciary duty, breach of warranties, claims arising from securitization transactions and other business fraud.

Mr. Shwarts’ experience in employment-related litigation includes defending claims of discrimination, wrongful discharge, retaliation, sexual harassment and breach of contract. His practice also includes counseling relating to trade secret misappropriation and non-compete/non-solicitation agreements.

He regularly represents U.S. and international clients with significant California presence, including numerous financial services companies. His experience includes jury and non-jury trials, as well as AAA, JAMS and FINRA (formerly NASD and NYSE) arbitration hearings.

Mr. Shwarts serves as the Office Leader for the San Francisco office, and is a member of the firm’s Risk Management Committee. Mr. Shwarts contributes pro bono hours to the Humane Society and Point Blue Conservation Science each year.

The following are some of his more notable matters:

* Hewlett-Packard v. Oracle USA and Mark Hurd. Represented Oracle and Hurd in a high profile trade secret litigation arising from Mr. Hurd’s move to Oracle in September 2010.
* Hewlett-Packard v. Adrian Jones. Represented Mr. Jones, Oracle’s SVP for Hardware Sales in Asia. High profile and heavily litigated case of trade secret misappropriation.
* Cornucopia Products v. Dyson Inc. Successfully defended Dyson in a complex patent and antitrust matter, including obtaining a preliminary injuction against Cornucopia competing products.
* Rhodes v. Dyson Inc. Obtained a complete defense verdict against claims of disability discrimination and failure to accommodate in a two-week jury trial.
* Mattel v. MGA. Part of the trial team defending MGA.
* Specialized Bicycle Components v. Volagi LLC. Represented SBC as plaintiff in a trade secret / breach of contract case against former employees who started a rival company.
* Intel Corporation. Successfully defended Intel in a heavily litigated case involving claims of trade secret misappropriation.
* Citigroup Global Markets Inc. (Salomon Smith Barney). Successfully defended SSB in several matters, including (a) a one-week FINRA arbitration against claims of gender discrimination, in which a former financial consultant was seeking several million dollars in lost commissions and other incentive compensation; (b) a FINRA arbitration where two former financial consultants sought several million dollars each for alleged fraud; and (c) a five-plaintiff FINRA arbitration which included claims of race and gender discrimination.
* Eastman Kodak Company. Successfully prosecuted a three-week arbitration for Kodak in which Kodak sought an accounting and damages from a former joint venture partner. The arbitrator dissolved the joint venture and awarded Kodak significant damages and attorneys’ fees. He subsequently successfully conducted a bench trial in federal court to amend the judgment to include alter ego defendants.
* Wyndham Worldwide. Successfully defended Wyndham in numerous matters, including obtaining a jury verdict for Wyndham following a month-long trial on claims of disability and medical leave discrimination.

Overview
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Partner at Orrick, Herrington & Sutcliffe LLP

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Partner at Orrick, Herrington & Sutcliffe LLP

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Co-Chair, Banking & Debt Capital Markets Group at Orrick, Herrington & Sutcliffe LLP

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Chairman at New York Legal Assistance Group

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Former Head of the Finance Practice at Orrick, Herrington & Sutcliffe LLP

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Chairman & Chief Executive Officer at Orrick, Herrington & Sutcliffe LLP

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Managing Partner at Orrick, Herrington & Sutcliffe LLP

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Managing Partner at Orrick, Herrington & Sutcliffe LLP

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Chair, Housing Finance Group at Orrick, Herrington & Sutcliffe LLP

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Chief Talent Officer at Orrick, Herrington & Sutcliffe LLP

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Robert S. Shwarts
Chair, Global Trade Secrets Practice Group at Orrick, Herrington & Sutcliffe LLP
Education
JD
Class of 1990

Since enrolling its first class in 1865, The George Washington University Law School has produced some of the finest minds across the spectrum of legal scholarship. That tradition continues today, as GW Law graduates use the knowledge and skills they gain here to influence the critical legal conversations of our times.

BA
Class of 1987

Rutgers, The State University of New Jersey, is a leading national research university and the state’s preeminent, comprehensive public institution of higher education. Rutgers is dedicated to teaching that meets the highest standards of excellence; to conducting research that breaks new ground; and to providing services, solutions, and clinical care that help individuals and the local, national, and global communities where they live. Founded in 1766, Rutgers teaches across the full educational spectrum: preschool to precollege; undergraduate to graduate; postdoctoral fellowships to residencies; and continuing education for professional and personal advancement.

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.

Member
Current

The New York State Bar Association (NYSBA) is a voluntary bar association for the state of New York. NYSBA was founded in 1877 with the stated goal to cultivate the science of jurisprudence; to promote reform in the law; to facilitate the administration of justice, and to elevate the standards of integrity, honor, professional skill, and courtesy in the legal profession. Its first President was David B. Hill. Among the reforms in the legislation signed into law creating the association was the removal of the restrictions on the admission of women to the practice of law. In 1896, NYSBA proposed the first global means for settling disputes among nations, what is now called the Permanent Court of Arbitration in The Hague.

Managing Editor
1989 - 1990

The George Washington Law Review is a law review edited and published by students at the George Washington University Law School that examines legal issues of national significance. The review was established in 1932 and publishes six issues each year, containing scholarly articles, essays, and student notes.

Career History
Chair, Global Trade Secrets Practice Group
Current

Orrick, Herrington & Sutcliffe LLP is an international law firm founded in San Francisco, California. Orrick traces its roots back to 1863, making it the oldest continuously operating law firm in San Francisco. The firm is focused on serving companies in the technology, energy & infrastructure and financial sectors and practices in five core areas: Corporate, Energy & Infrastructure, Finance, Intellectual Property and Litigation.

Boards & Committees
Member, Risk Management Committee
Current

Orrick, Herrington & Sutcliffe LLP is an international law firm founded in San Francisco, California. Orrick traces its roots back to 1863, making it the oldest continuously operating law firm in San Francisco. The firm is focused on serving companies in the technology, energy & infrastructure and financial sectors and practices in five core areas: Corporate, Energy & Infrastructure, Finance, Intellectual Property and Litigation.

Member, Board of Directors
Current

THE ORGANIZATION'S MISSION IS TO CONSERVE BIRDS, OTHER WILDLIFE AND ECOSYSTEMS THROUGH SCIENTIFIC RESEARCH, RESTORATION, OUTREACH AND PARTNERSHIP.

Political Donations
$2,500
2011

Senator from New York

$1,000
2005

Former Governor of Indiana

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