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Robert Shwarts

Partner

San Francisco

Robert Shwarts is a first chair trial lawyer who has served as Chair of Orrick's Global Trade Secrets Practice Group and who has tried or arbitrated more than 40 cases in the areas of commercial litigation, employment and intellectual property.

He represents plaintiffs and defendants in complex trade secret misappropriation cases and has conducted numerous TRO and preliminary injunction hearings in aid of these cases. His practice also includes counseling relating to trade secrets misappropriation and non-compete/non-solicitation agreements.

Rob has broad experience in commercial litigation, having 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.

Rob's 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.

U.S. and international clients with significant California presence turn to Rob to represent them in complex matters, including numerous financial services companies. He handles both jury and bench trials, as well as AAA, JAMS and FINRA (formerly NASD and NYSE) arbitration hearings.

Rob serves as the chair of the Firm’s Practice Management Committee, and is a member of the firm’s Risk Management Committee. Rob previously served as head of the San Francisco office. Rob contributes pro bono hours to the Humane Society and Point Blue Conservation Science each year.

  • The following are some of Rob's notable matters:

    • Continuous Composites, Inc. v. Markforged, Inc. Lead trial counsel in successful patent infringement jury trial in the District of Delaware on behalf of Continuous Composites, a leader in the composite 3D printing market.  Jury returned a substantial verdict for Continuous Composites with prospective future damages pending before the court.
    • Certain Dynamic Random Access Memory Device and Product Containing Same. Secured early defensive victory for Etron Technology Inc. of Taiwan before the U.S. International Trade Commission, with judgement that the patent infringement complaint lodged against Etron’s semiconductor chip imports did not warrant institution of the Section 337 investigation sought. Orrick’s team advocated early and compellingly to the Commission that the complaint did not sufficiently allege importation, domestic industry, infringement, or otherwise—causing complainant to amend. We again illuminated deficiencies as to the amended complaint to the Commission, leading it to deny institution—an extremely rare, decisive, efficient win for our client before the ITC.
    • Advanced Technology & Materials Co., Ltd. Obtained complete dismissal of ITC trade secret investigation against China SOE AT&M.  
    • 10X Genomics.  Prevailed on behalf of the founders of 10X in a multi-week arbitration brought by Bio-Rad Laboratories seeking to enjoin the founders from working for 10X, including receiving a full award of attorneys’ fees.
    • Scopely, Inc.  Defeated an application for a TRO and preliminary injunction under the Defend Trade Secrets Act (DTSA) in an action brought by Zynga, Inc.
    • AllCells, LLC.  Obtained a preliminary injunction under the DTSA on behalf of a biomedical company barring its competitor from using misappropriated material used to start the competing business.
    • Oracle USA. Settled a high stakes litigation brought by Oregon relating to Oracle’s work on the States’ health care exchange.
    • 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.
    • Adrian Jones. Represented Mr. Jones, Oracle’s SVP for Hardware Sales in Asia. High-profile and heavily litigated case of trade secret misappropriation brought by Hewlett-Packard.
    • Cornucopia Products v. Dyson Inc. Defended Dyson in a complex patent and antitrust matter, including obtaining a preliminary injunction against Cornucopia Products 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 in a case brought by Rhodes.
    • MGA. Served on the trial team defending MGA in the Bratz dolls litigation.
    • Specialized Bicycle Components. Represented SBC as plaintiff in a trade secret / breach of contract case against former employees who started a rival company, Volagi LLC.
    • Intel Corporation. Prevailed for 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.

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