Shannon Hampton Sutherland prosecutes and defends a wide range of commercial and public sector disputes in state and federal courts and in arbitration across the United States, including in contract, covenant not to compete/restrictive covenant, trade secret, breach of fiduciary duty, software upgrade and implementation, zoning, infrastructure, and construction payment, delay, and defect matters. In addition, Ms. Sutherland has significant court experience prosecuting and defending temporary restraining orders and preliminary injunction proceedings.
Beyond her litigation experience, Ms. Sutherland has successfully resolved disputes, on behalf of private and public sector clients, through arbitration, mediation and favorable settlements. Ms. Sutherland also regularly counsels clients concerning covenants not to compete/restrictive covenants, confidentiality agreements, and trade secret protection and with respect to electronic discovery.
Admitted to practice in Pennsylvania and New Jersey, in addition to several federal trial and appellate courts, Ms. Sutherland is a 2002 cum laude graduate of The American University, Washington College of Law, and a summa cum laude graduate of the Temple University Honors Program. Prior to joining Duane Morris in 2002, Ms. Sutherland managed exports and logistics in the paper and chemical industries.
Areas of Practice
· Non-compete and trade secret litigation and advising
· Complex business disputes
· Obtained a preliminary injunction in the Loudoun County, Virginia Circuit Court on behalf of a Virginia-based spinal medical device and biologics company against its former product manager who went to work for a competitor.
· Obtained a ruling from the Supreme Court of Pennsylvania denying plaintiff's petition for allowance of appeal from the order of the Commonwealth Court of Pennsylvania affirming the trial court's complete defense verdict in favor of our clients. Del Collo v. The Philadelphia Housing Authority et al.
· National counsel to a spinal medical device manufacturer for complex matters involving commercial disputes, distributorship agreements, restrictive covenants, confidentiality obligations, trade secrets, and employment matters.
· National counsel to a Fortune 500 provider of document-management services and solutions, office equipment and facilities-management personnel for matters involving restrictive covenants, confidentiality obligations and trade secrets. Served a year-long secondment in a litigation and counseling role, focusing on trade secret, fiduciary duty, and restrictive covenant matters and commercial contract disputes. Litigated temporary restraining order, preliminary and permanent injunction proceedings and contract claims in federal and state courts across the country.
· Represented SOC-SMG, Inc. (SMG) in securing confirmation of a $41 million award against Day & Zimmerman, Inc. and The Day & Zimmerman Group, Inc. (DZI), in connection with a joint venture between SMG and DZI to provide international security to government clients.
· Obtained at trial, and successfully defended on appeal to the Commonwealth Court of Pennsylvania, a complete defense verdict in favor of a public authority on $1 million in claims related to the transfer of real property, as well as an award of attorneys' fees and costs for client in connection with the plaintiff's vexatious and obdurate litigation conduct.
· Obtained summary judgment on all of distributor's $4+ million claims in connection with medical device manufacturer's termination of distributorship agreement.
· Defeated a request for interim measures, and subsequently obtained a complete defense victory, on behalf of the owner's representative in a $4+ million construction payment and delay dispute before the American Arbitration Association.
· Represented the advisory board of a venture capital fund with a total investment in excess of $100 million in the investigation of the fraudulent activities of the general partner and litigation against the general partner's counsel for fraud and attorney malpractice, with an ultimate recovery in excess of $5 million.
· Obtained a temporary restraining order and injunction on behalf of a genetic biosciences company to protect its rights in a patent-pending genetic profile that it markets for use in customizing cosmetics and nutritional supplements. Recovered the client's financial losses and attorneys' fees.
· Represented the former director of a public company in a lawsuit by the minority stockholders for breaches of fiduciary duty in connection with a merger.
· Represented a nonprofit research institute in a dispute over payment of royalties for use of a cell line in the development of a major vaccine.
· Served as solicitor to a municipal zoning hearing board.
· Duane Morris LLP
- Partner, 2011-present
- Associate, 2002-2010
- Associates' Committee, Former Co-Chair
· Prior to her legal career, Ms. Sutherland managed exports in the paper and chemical industries.
· Mediator, Philadelphia Court of Common Pleas Landlord-Tenant Appellate Mediation Program
· Court-appointed Counsel, Eastern District of Pennsylvania Prisoner Civil Rights Panel
· Mentor, Leadership Council on Legal Diversity Law School Mentoring Program
· Nether Providence Township Zoning Hearing Board
- Vice Chair, 2008-2012
- Board Member, March 2006-2012
Honors and Awards
· Pennsylvania Super Lawyers Rising Star, 2013
Civic and Charitable Activities
· Volunteer, Media Little League and Nether Providence Elementary School
· Co-Author, "Expert Evidence in the Third Circuit," published in the American Bar Association's Scientific Evidence Review: Admissibility and Use of Expert Evidence in the Courtroom, Monograph No. 9 (2013), No. 8 (2008) and No. 6 (2003)