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Emmett C. Stanton

Partner Emeritus, Litigation  

Mountain View 650.335.7175

Overview

Emmett Stanton focuses his practice on the litigation and trial of complex business and commercial disputes, including intellectual property, antitrust and unfair competition, trade secrets and shareholder and securities litigation. He has represented clients in a broad range of industries, including computer hardware and software, electronic commerce, medical devices, and manufacturing and industrial equipment. In 2013, Fenwick’s Securities Litigation team was named “Securities Litigation Department of the Year” by The Recorder over 20 other California firms.

Emmett clerked for two years for a United States District Judge in San Francisco and practiced for 18 years with Pillsbury Madison & Sutro (now Pillsbury Winthrop) before joining Fenwick & West.

His recent trial experience includes the following:

The defense of a $10+ million punitive damages claim against a parent corporation allegedly liable for actions at its subsidiary in a 12-week trial.

The prosecution of claims arising out of a software development and licensing agreement in an 8-week trial.

The defense of a corporation and its founder against claims to an equity ownership interest by a former executive in a 3-week trial.

Representative Experience — Emmett has been lead counsel in the following representative matters:

Intellectual Property:

Defense of copyright claims brought by twenty-eight television and motion picture companies against manufacturer of new digital video recorder.

Defense of copyright and trademark claims brought against winery that licensed the likenesses of retired professional football players.

Defense of consumer electronics company against claims challenging inventorship rights in patented technology.

Antitrust and Unfair Competition:

Defense of price-fixing class actions involving carpets and paper products.

Defense of the investor group that retained the Major League Giants in San Francisco against antitrust and contract interference claims in excess of $3 billion.

Defense of below-cost pricing claims in a 3-month trial.

Trade Secrets:

Defense of trade secret misappropriation claims brought against a financial software company and its employees, including two successful TROs and two successful preliminary injunction motions.

Defense of technical trade secret misappropriation claims brought against an electronic device manufacturer.

Defense of consumer electronics company against claims that it misappropriated trade secrets during its pre-hiring interviews.

Shareholder and Securities Litigation:

Defense of a medical device manufacturer against securities fraud class action and shareholders derivative suits arising out of merger.

Defense of industrial services company against securities fraud class action arising out of its IPO.

Defense of a financial services company and its directors against proxy and related corporate control litigation.