Robert S. Shwarts

Partner
Litigation

Robert Shwarts, a partner in the San Francisco office, is the Chair of Orrick's Global Trade Secrets Practice Group.

Mr. Shwarts is an experienced trial attorney, having successfully litigated more than 30 trials and arbitrations in commercial litigation, employment and intellectual property matters.

He has extensive experience representing plaintiffs and defendants in complex trade secret misappropriation cases in state and federal court, and he has conducted numerous TRO and preliminary injunction hearings in aid of these cases.

Mr. Shwarts has broad experience in commercial litigation, having successfully 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.

Mr. Shwarts’ 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.

He regularly represents U.S. and international clients with significant California presence, including numerous financial services companies. His experience includes jury and non-jury trials, as well as AAA, JAMS and FINRA (formerly NASD and NYSE) arbitration hearings.

Mr. Shwarts serves as the Office Leader for the San Francisco office, and is a member of the firm’s Risk Management Committee. Mr. Shwarts contributes pro bono hours to the Humane Society and Point Blue Conservation Science each year.

The following are some of his more notable matters:

  • Hewlett-Packard v. 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.
  • Hewlett-Packard v. Adrian Jones. Represented Mr. Jones, Oracle’s SVP for Hardware Sales in Asia. High profile and heavily litigated case of trade secret misappropriation.
  • Cornucopia Products v. Dyson Inc. Successfully defended Dyson in a complex patent and antitrust matter, including obtaining a preliminary injuction against Cornucopia 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.
  • Mattel v. MGA. Part of the trial team defending MGA.
  • Specialized Bicycle Components v. Volagi LLC. Represented SBC as plaintiff in a trade secret / breach of contract case against former employees who started a rival company.
  • Intel Corporation. Successfully defended 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.
Robert Shwarts
Education
  • J.D., The George Washington University Law School, 1990
  • B.A., Rutgers, The State University of New Jersey, 1987
Honors
  • The Recorder California Labor & Employment Department of the Year, (2013-2014)
  • The Recorder California Litigation Department of the Year, (2013-2014)
  • The Recorder Leading Employment Lawyer (2012)
  • Daily Journal Top Labor & Employment Attorneys List (2011)
  • The George Washington Law Review, Managing Editor (1989-1990)
Memberships
  • American Bar Association, Litigation and Employment Sections
  • State Bar of California
  • New York State Bar Association
  • Board of Directors for PRBO Conservation Science

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