Douglas Sullivan is a partner in both the San Francisco and Los Angeles offices of Crowell & Moring and is a member of the firm's Litigation, Intellectual Property and Environmental & Toxic Tort Litigation Groups. He specializes in complex commercial litigation, including mergers and acquisitions, intellectual property, entertainment, partnership disputes and dissolutions, construction, real estate, environmental, insurance and securities litigation.
Mr. Sullivan has significant trial experience in state and federal courts, having acted as lead counsel in approximately 15 trials. Prior to joining Crowell & Moring, Mr. Sullivan was a partner with the San Francisco firm of Folger Levin & Kahn LLP.
Representative Matters
Represented companies in the telecommunications, computer, wood products and healthcare industries in connection with failed mergers and acquisitions, including: NorthPoint Communications Group, Inc. v. Verizon Communications, Inc. (San Francisco County Superior Court), in which the client recovered $175 million as part of a settlement; Coram Healthcare Corp. v. Caremark Int'l (San Francisco County Superior Court), in which the client recovered $165 million of the $310 million purchase price.
Represented companies in connection with intellectual property disputes, including: Advanced Fibre Communications, Inc. v. Calix Networks, Inc. (District Court, Travis County, Texas), in which we obtained a defense verdict for Calix following a court trial in connection with alleged misappropriation of trade secrets by former employees; Alcatel v. Calix Networks, Inc. (Sonoma County Superior Court), in which Calix successfully defended against claims that approximately 40 former Alcatel employees misappropriated trade secrets in developing a competing telecommunications product; Phase Metrics v. Magnetic Recording Solutions, Inc. (U.S. District Court, N.D. Cal.), in which the client, Phase Metrics. obtained a two year injunction preventing former employees and their new company from competing against Phase Metrics; Liquid Environmental Solutions of Texas v. U.S. Oil Recovery (Harris County, Texas), in which the client successfully pursued claims of misappropriation of trade secrets and breach of confidentiality agreements against former employees and their new company.
Represented numerous companies (including United Airlines, Prudential Financial, Louisiana-Pacific Corporation, The Deutsch Company and others) in connection with complex, high-profile environmental matters. The representation has included pursuing and defending actions under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CWA"), analogous and related state laws, and common law nuisance and trespass claims, among others. The representation has involved both governmental litigation and third-party tort litigation, including: Forest City v. Prudential Insurance Co. of America (Los Angeles County Superior Court), in which the client, Prudential, obtained a jury verdict following a three-month trial of claims brought by Forest City in excess of $50 million for a failed real estate development stemming from environmental contamination. The representation has also included defending companies in connection with personal injury and property damage claims by residents and homeowners stemming from environmental contamination. The environmental litigation has involved the largest hazardous waste sites throughout California.
Represented law firms and lawyers in connection with firm break ups, lawyer departures and malpractice claims, including a two month trial in Hirsch Wallerstein, et al. v. Jackoway, Tyerman (Los Angeles County Superior Court), in which we obtained a decision in favor of entertainment lawyers who were sued by their former partners for more than $15 million.
Represented companies in real estate, construction and engineering disputes, including in connection with commercial complexes, office buildings, power plants, manufacturing facilities, housing developments, and hotels.
Affiliations
Memberships
Member, American Bar Association, Sections on Litigation, Natural Resources and Environment and Intellectual Property.
Member, Bar Association of San Francisco.
Arbitration and Mediation
Member, American Arbitration Association National Roster of Neutrals, 1985 to present; Mediator, San Francisco Superior Court, Early Settlement Program.
Publications
· "Non-Cash [Class Action] Settlements," San Francisco Recorder: Litigation Quarterly (November 2010). Co-Authors: Gregory D. Call, Douglas W. Sullivan and Trina D. McAlister.
· "Going on Offense - Tips on Successfully Representing Corporate Plaintiffs," San Francisco Recorder (November 2008). Co-Author: Douglas W. Sullivan.
· "Techniques of Alternative Dispute Resolution," Contractor's Handbook of Business and Law (1992). Author: Douglas W. Sullivan.
Alerts & Newsletters
· "DOJ Appoints New Prosecutors and FBI Agents to Fight IP Crime," White Collar Alert (April 27, 2010). Contacts: Stephen M. Byers, Michael J. Songer, Douglas W. Sullivan, Janet Levine, Melanie Natasha Henry, Daniel L. Zelenko.
Speaking Engagements
· "Guide to Value-Based Billing: Improve Results and Reduce Outside Counsel Costs," Association of Corporate Counsel, SF Bay Chapter (March 2011). Lecturer: Douglas W. Sullivan.
· "New Traps for the Unwary: What Employers Need to Know About Whistleblower Protection in the Dodd-Frank Wall Street Reform and Consumer Protection Act," Silicon Valley Association of General Counsel (December 2010). Presenter: Alyssa S. Parsons and Douglas W. Sullivan.
· "Goals, Strategies and Tactics: Litigation Project Management that Works for Everyone," Association of Corporate Counsel, SF Bay Chapter (November 2010). Speakers: Douglas W. Sullivan and Gregory D. Call.
· "The Corporate Plaintiff," Bay Area General Counsels (May 2008). Lecturer: Douglas W. Sullivan.
· "Expert Litigation Services," Counselors of Real Estate (October 2007). Lecturer: Douglas W. Sullivan.
· "Engineering Professional Responsibility," Stanford University Civil Engineering Department (1996-1999, 2005-2006). Lecturer: Douglas W. Sullivan.