Sheryl Koval Garko is an experienced trial lawyer who focuses on high-stakes intellectual property litigation. Clients hire Sheryl for her creative, strategic, business-focused advice enriched by her extensive courtroom experience and working knowledge of a wide range of technologies.
Over the course of her career, she has represented clients ranging from Fortune 50 companies to start-ups in trademark, copyright, false advertising, and trade secret litigations and at trial. She has worked with leading technology companies and some of the most recognizable brands in the world, including New Balance, Samsung, and Microsoft. She has tried cases to both judges and juries in federal courts across the United States and is experienced practicing before the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board and the International Trade Commission. Through her trial work, she has developed deep expertise in litigating novel and complex damages issues in IP cases and leveraging survey work.
Sheryl honed her skills in high profile, precedent setting cases. She represented New Balance at trial in the International Trade Commission in the successful defense of trade dress claims brought by Nike/Converse in a case that IP Law360 named it the top trademark ruling of 2016. Sheryl also represented Aereo against the major U.S. television networks in defense of its novel, industry-disrupting system for providing internet access to over-the-air broadcast television. That case ultimately went to the Supreme Court, which addressed copyright law issues of first impression.
Having prepared countless cases for trial, Sheryl has a clear understanding of the importance of identifying litigation strategy early on to direct the case in a cost- effective and efficient manner. Sheryl also leverages her wealth of experience to counsel clients on strategies to protect intellectual property when avoiding litigation is a strategic business priority.
Having also litigated a number of patent cases throughout her career, she brings to each matter a unique understanding of the intersection of copyright, trademark, trade secret and patent law. A superb communicator, she is able to explain diverse areas of complex technology to a judge or jury.
Sheryl has been consistently named as one of the leading intellectual property litigators in the world by World Trademark Review 1000, a peer and client survey. In its 2017 publication, WTR 1000 described her as "'highly recommended’ for her ‘helpful and creative advice,’ which is ‘always of first-rate quality.’” In the 2018 edition, WTR 1000 stated that Sheryl “offers significant firepower to any contentious mandate.” Most recently, in the 2021 edition, WTR 1000 said Sheryl "puts her heart and soul into driving favourable outcomes."
Sheryl is the Global Chair of Orrick's Women's Initiative and serves on the firm's Management Committee.
She was named a 2017 Woman Worth Watching by Profiles in Diversity Journal. Sheryl was also singled out for Metropolitan Corporate Counsel’s Women in Business and the Law 2017 edition. In 2015, Massachusetts Lawyers Weekly named her one of the Top Women of Law and she received a 2015 Leadership Excellence Award from the National Diversity Council.
Sheryl served as a Special Assistant District Attorney for Middlesex County from March to September 2008. In that capacity, she prosecuted hundreds of felony and misdemeanor criminal cases and tried over twenty jury and non-jury cases. Sheryl argued dozens of dispositive and evidentiary motions, many of which involved constitutional issues. She also worked for Independent Counsel representing the Massachusetts Supreme Judicial Court in an internal investigation into corruption in the state probation department, resulting in the resignation and criminal conviction of members of the department’s senior leadership.