Stephen H. Sutro is a partner in the firm's San Francisco office whose practice focuses on complex litigation, internal corporate investigations, and compliance and corporate matters.
Mr. Sutro has represented public and private corporations, corporate executives, government officials, accountants, lawyers and others in a broad range of proceedings, including those involving securities and commodities, antitrust offenses, corporate governance, government contracts, the environment, food and drug, intellectual property and public corruption. He regularly provides counseling and advice to companies, officers, and directors.
In 2011, Mr. Sutro received the Outstanding Pro Bono Service Award from the United States District Court for the Northern District of California and the Bar Association of San Francisco Volunteer Legal Services Program. He has been has been named as one of Northern California's Super Lawyers in the area of white-collar criminal defense. Mr. Sutro also recently was appointed as Special Assistant Attorney General for the State of Washington to defend civil litigation pending in United States District Court for the Northern District of California.
Mr. Sutro is a fourth generation San Francisco lawyer. He serves on the firm's Professional Standards Committee, which is responsible for the process whereby associates are admitted to the firm?s partnership. Mr. Sutro is Co-Chair of the Criminal Justice Section of the Bar Association of San Francisco and has written and lectured on such topics as internal corporate investigations, SEC enforcement, insider trading, trade secret litigation, and joint defense agreements.
Mr. Sutro serves on the Board of the Shelton Capital Funds (formerly the California Investment Trust Fund Group), a family of mutual funds. Mr. Sutro has volunteered on the boards and served as counsel for a number of non-profit corporations, and is a past President of The Guardsmen, a San Francisco organization which raises money for at-risk youth.
Mr. Sutro is a graduate of the Santa Clara University School of Law (J.D., cum laude, 1994), where he was the Senior Comments Editor of the Santa Clara Law Review.
· Counsel in multiple investigations by the U.S. Department of Justice and the Securities and Exchange Commission regarding insider trading.
· Counsel to president of publicly held company in investigation by the U.S. Department of Justice and the Securities and Exchange Commission regarding overbilling and fraud in federally funded program
· Counsel to an independent financial and investment advisory firm in investigation regarding municipal bond offerings
· Counsel to former chairman of the board of a financial institution in lawsuit brought by corporation alleged insider trading and breaches of fiduciary obligations
· Counsel to executive at medical device company in parallel investigations by the U.S. Department of Justice and the Securities and Exchange Commission, and civil lawsuits following restatement due to revenue recognition issues
· Counsel to auditor at public accounting firm in parallel investigations by the U.S. Department of Justice and Securities and Exchange Commission regarding audit of public company following restatement due to revenue recognition issues
· Counsel to employee of technology company in investigation by the U.S. Department of Justice regarding the backdating of stock options
· Counsel to international corporation in internal investigation regarding overseas payments implicating the Foreign Corrupt Practices Act (FCPA)
· Counsel to Arthur Andersen LLP audit partners and employees staffing the Enron engagement in connection with investigation by the Department of Justice and obstruction of justice trial
Antitrust / Market Manipulation
· Counsel to international corporation in U.S. Department of Justice, Antitrust Division investigation and multi-district litigation regarding alleged price-fixing in liquid crystal display (LCD) market
· Counsel to subsidiary of an international corporation in a national investigation by the United States Department of Justice, Antitrust Division, regarding bid rigging and collusion in a federally funded program.
· Counsel to energy corporation regarding California State Senate and United States Department of Justice investigations of trading activities in the California electricity market.
· Counsel to executive at the California Independent Systems Operator regarding investigation of trading activities in the California electricity market
· Counsel to executives in investigation by U.S. Department of Justice, Antitrust Division, regarding price-fixing in the dynamic random access memory (DRAM) market
· Counsel to employees of a domestic energy company in investigation by members of the Enron Task Force of the U.S. Department of Justice, regarding trading activities in the natural gas market
· Counsel to employee of major airline in connection with U.S. Department of Justice, Antitrust Division, investigation of the air cargo industry
· Counsel to executive in investigation by U.S. Department of Justice, Antitrust Division, regarding the packaged ice industry
· Counsel to former chief executive officer of financial institution in investigation by U.S. Department of Justice, the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) and the Federal Deposit Insurance Corporation (FDIC)
· Counsel to U.S. subsidiary of international corporation in an internal investigation and negotiations responding to allegations by multiple law-enforcement agencies of overbilling and fraud in the sale of software
· Counsel to joint venture in major municipal project in investigation by Department of Justice into government contracting abuses
· Counsel to subsidiary of an international corporation in investigation by the U.S. House of Representatives, Energy and Commerce Committee, Subcommittee on Oversight and Investigations, regarding federally funded program
· Counsel to construction firm in internal investigation regarding products submitted in connection with public works project
· Counsel to special committee of board of directors of a medical device company in an internal investigation relating to overbilling in government grants
· Counsel to former founder and CEO of corporation in false claims and class action litigation
· Counsel to former CEO and president of international corporation in connection with false claims and Medicare fraud investigation U.S. Department of Justice
· Counsel to employees of energy company in investigation by Department of Justice and Environmental Protection Agency regarding alleged Clean Air Act violations.
· Counsel to national construction firm in investigation by the U.S. Department of Justice and the Environmental Protection Agency regarding alleged Clean Water Act violations
· Counsel for purchaser of contaminated property in CERCLA litigation
Food and Drug
· Counsel to senior executives at biotechnology company in investigation of Food & Drug Act violations by the Department of Justice and Veterans Administration
· Counsel to numerous employees at biotechnology company in investigation of Food & Drug Act violations by the Department of Justice
· Counsel to numerous individuals at medical device manufacturer in investigation of Food & Drug Act violations by the Department of Justice and FDA Office of Criminal Investigation
· Counsel to dairy producer in investigation by the Department of Justice and FDA Office of Criminal Investigation regarding contaminated milk supply
· Counsel to employees and executives at agricultural producer in investigation of Food & Drug Act violations by the Department of Justice
· Counsel to international software company in first criminal prosecution by Department of Justice under the Digital Millennium Copyright Act
· Counsel to financial institution sued for trade secret misappropriation, unfair business practices and employee raiding
· Counsel to multiple executives at technology firm sued for theft of trade secrets and in parallel investigation by U.S. Department of Justice
· Counsel to former partner of KPMG LLP indicted by the U.S. Department of Justice regarding tax shelters designed and marketed by KPMG LLP. U.S. v. Stein, et al., 541 F.3d 130 (2nd Cir.(N.Y.) Aug. 28, 2008), affirming, 495 F.Supp.2d 390 (S.D.N.Y. July 16, 2007)
· Counsel to employees of domestic subsidiary of international corporation regarding alleged failure to report income
Other Civil Litigation
· Counsel to U.S. subsidiary of international corporation in civil RICO litigation brought by municipality. County of Marin v. Deloitte Consulting LLP, 836 F.Supp.2d 1030 (N.D. Cal. 2011)
· Counsel to former chief executive officer of financial institution in derivative action alleging breaches of fiduciary duties
· Counsel to former chairman of the board of nonprofit public benefit corporation in lawsuit alleging breach of fiduciary duty and breach of charitable trust
· Counsel to international software company in fraud litigation brought by California corporation
· Counsel to digital rights management company in fraud litigation brought by international corporation. Micromedia B.V. v. ByteShield, Inc., 2011 WL 5573345 (N.D. Cal. 2011)
· Counsel to corporation in unfair business practices action brought by the California attorney general
· National counsel to financial institution in class actions regarding credit card and collection practices
· Counsel in numerous cases to director and officer insurers seeking rescission of policy and/or declaration of no coverage in connection with securities and other director and officer claims. Pan Pacific Retail Properties, Inc. v. Gulf Ins. Co., 471 F.3d 961 (9th Cir. (Cal.) Dec. 21, 2006); Federal Ins. Co. v. Homestore, Inc., 144 Fed.Appx. 641 (9th Cir. (Cal.) Aug. 12, 2005)
· Counsel to director and officer insurer in lawsuit in bad faith litigation.
· Counsel to former government official in investigation and prosecution relating to alleged conflicts of interest
· Counsel to corporation in connection with investigation by Department of Justice and Department of Commerce Office of Export Enforcement into shipments of technology products to countries on government watch list
· Counsel to lawyer in investigation by Department of Justice concerning insurance fraud
· Counsel to victim of extortion in restitution proceedings under the Mandatory Victims Restitution Act. U.S. v. Lazarenko, 624 F.3d 1247 (9th Cir.(Cal.) Nov.3, 2010)
· American Bar Association
- White Collar Crime Committee
· San Francisco Bar Association
- Chair, Executive Committee, Criminal Justice Section
· Shelton Capital Funds, San Francisco, California, 2006-present
· Ross School Foundation, Ross, California, 2010-present
· Laguna Honda Hospital Volunteers, Inc., San Francisco, California, 2011-present
· The Guardsmen, a non-profit charitable organization benefiting Northern California youth, San Francisco, California, 2006-2009 (President, 2008-2009)
· Boys and Girls Clubs of San Francisco, 2008-2009
· Saint Mark's School, Marin County, California, September 2002-May 2007
Honors and Awards
· Listed in Northern California Super Lawyers, 2012 and 2013
· Author, "A Thin Line Between Moxie and Malfeasance," Financial Advisor, December 11, 2009
· Co-author, "E-Discovery's Foreign Intrigue," San Francisco Daily Journal, March 24, 2009
· Author, "Joint Defense Agreements," Association of Business Trial Lawyers Report, Northern California edition, Summer 2008
· Author, "The Black and White of Self-Disclosure," San Francisco Daily Journal, June 3, 2008
· Featured in "Moving Beyond the Billable Hour," Counsel to Counsel, May 2008