Shaila Rahman Diwan is a partner in the firm's Complex Litigation and Dispute Resolution Group and focuses her practice on complex commercial litigation for clients in the technology and financial services industries.

Shaila has represented a wide range of industry-leading clients and emerging companies at all stages of complex commercial litigation, with a focus on trial practice. She represents clients in matters including products liability, trade secret, licensing, intellectual property, insurance and contract disputes. Shaila is an editor and contributing author of Orrick's trade secrets blog, Trade Secrets Watch, and regularly writes about trade secrets litigation. She is also a member of the International Association of Privacy Professionals (IAPP) and works with clients on cybersecurity and data privacy issues. She counsels clients on managing risk and avoiding litigation, with extensive experience in conducting internal investigations and developing compliance programs related to a variety of issues.

Shaila also maintains an active pro bono practice litigating civil rights cases with a focus on defending the rights of women. She is currently serving as lead counsel for a religious hate crime victim in a civil suit against her attacker.

  • Shaila's experience includes the following:

    • Represent Johnson & Johnson as trial counsel and national coordinating counsel in the talc litigation.
    • Represented various Fortune 500 companies in products liability litigation, including pharmaceutical and medical device companies, as trial counsel and national coordinating counsel.
    • Represented fintech company in breach of contract, fraud and civil RICO action (Cayan LLC v. All the Way Up, LLC (S.D.N.Y. 2017)).
    • Represented Microsoft in multiple patent licensing disputes with mobile device manufacturers including: Microsoft Licensing GP v. Yulong Computer Telecommunication Scientific (Shenzen) Co. (S.D.N.Y. 2015) and Microsoft Licensing GP v. Samsung Electronics Co., Ltd. (S.D.N.Y. 2014).
    • Represented cloud computing start-up in connection with trade secret and employment litigation (Continuity Logic LLC v. Snyder (D.N.J.)).
    • Represented semiconductor manufacturer in connection with trade secret and employment litigation. Secured injunctive relief preventing the dissemination of trade secrets and breach of noncompete (Applied Materials, Inc. v. Burks (N.D.N.Y. 2014)).
    • Represented LG in connection with breach of patent licensing agreement (Digitech Image Technologies LLC v. LG Electronics, Inc. (D. Del. 2015)).
    • Representing various investment banks in federal litigations and arbitrations involving premium-financed life insurance policies.
    • Represented Barclays Bank PLC as plaintiff in actions against defaulted foreign derivatives counterparties and secured pre-discovery summary judgment on behalf of the client in multiple actions.
    • Represented The Bank of New York Mellon, as trustee of residential mortgage-backed securitization (RMBS) trusts, in a variety of matters, including litigation seeking the approval of an $8.5 billion proposed settlement with Bank of America Corp. in connection with 530 RMBS trusts (In the matter of the application of The Bank of New York Mellon, Index No. 651786/2011 (Supreme Court, New York County)).
    • Represented The Bank of New York Mellon in all aspects of litigation, as well as SEC and CFTC investigations, in connection with the bankruptcy of Sentinel Management Group, resulting in a trial victory for The Bank of New York Mellon (Grede v. The Bank of New York et al., (N.D. Ill. 2010)).
    • Member of team that secured summary judgment for YouTube and its parent Google in a billion-dollar copyright infringement suit brought by Viacom (Viacom et al. v. Google et al., (S.D.N.Y. 2010)).
    • Represented Ernst & Young LLP in connection with its audit of Allied Deals, Inc., a privately owned company that was accused of orchestrating a $600 million international Ponzi scheme (Sterling National Bank v. Ernst & Young LLP, 2008 NY. Misc. LEXIS 6997 (N.Y. Sup. Ct. Dec. 1, 2008)).
    • Represented a Fortune 100 company in a major FCPA internal investigation that was self-reported to the SEC. Represented several executives in connection with various ongoing FCPA investigations involving activity in Asia. Created, presented and implemented anti-corruption and compliance policies for several Fortune 500 companies.

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