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16353_740x360

Practice:

  • Antitrust & Competition

Saira Henry Senior Associate Antitrust & Competition

London

Saira Henry is a Senior Associate in the Firm's Antitrust & Competition group in London.

Saira advises on EU and UK competition law matters, including merger control and anti-competitive conduct (cartels, abuse of dominance and other restrictions on competition).

She has acted for clients in a broad range of sectors, including in the technology, telecommunications, consumer goods, energy and financial sectors.

Saira undertook a secondment at the UK’s Competition and Markets Authority from December 2018 – May 2019.

Saira previously worked at Freshfields Bruckhaus Deringer LLP in their Brussels office as an associate.

335734_740x360

Practice:

  • Intellectual Property
  • IP Counseling & Due Diligence
  • Patents

K. Patrick Herman Of Counsel Intellectual Property, IP Counseling & Due Diligence

New York

K. Patrick Herman, located in the New York office, is a member of the Intellectual Property Group.

Patrick's practice focuses on complex patent and other intellectual property litigation. He has had extensive experience representing both plaintiffs and defendants, and has been involved in all phases of litigation, from developing initial strategy through appeal.  Patrick has appeared in intellectual property cases before a variety of different federal district courts, the U.S. Court of Appeals for the Federal Circuit, and the International Trade Commission. Applying his engineering background, he has represented clients in a range of industries, including the medical device, pharmaceutical, petrochemical, automotive, consumer electronics, and children’s toy industries.

Patrick's practice also extends to pre-litigation counseling, including rendering opinions relating to patentability, infringement, validity, and freedom-to-operate issues.

342_740x360

Practice:

  • Employment Law & Litigation
  • Wage and Hour
  • Pay Equity

Lynne Hermle Partner Employment Law & Litigation, Wage and Hour

Silicon Valley

American College of Trial LawyersLynne Hermle, a Silicon Valley employment partner, has a long track record of winning high-profile jury trials on behalf of industry-leading clients, defeating class certification and obtaining summary judgment.

She has significant experience working on complex discrimination and wage-and-hour class actions for global leaders in the retail and technology sectors including The Gap, Genentech, Microsoft, Sears, Burlington Coat Factory, Gymboree, Spencer’s Gifts, Banana Republic, Old Navy, Williams Sonoma and Pottery Barn Kids, among many others.

Lynne led the trial team that obtained a complete defense verdict for Kleiner Perkins in Pao v. Kleiner Perkins, the high-stakes gender discrimination and retaliation case that garnered intense international media scrutiny. In naming Lynne “Litigator of the Week” for this victory, American Lawyer described her effective voir dire and how she “steadily poked holes in Pao’s testimony.” The Recorder called Lynne’s cross-examination “masterful” and Bloomberg reported that her “charismatic, intimidating oratory made her the trial’s breakout star.”

Following Pao, Lynne secured a complete defense verdict for SpaceX in an $8 million gender discrimination and retaliation suit. The Daily Journal called the outcome “another triumph for Hermle,” observing that her “string of successes for tech clients fighting off gender harassment and discrimination claims got longer.” The publication also pronounced Lynne to be “arguably the most feared employment defense attorney in California.”  Eight months later she followed that up with another defense verdict for SpaceX in a wrongful discharge and retaliation case. 

In recognition of these successes and career trial work, Lynne was inducted into the American College of Trial Lawyers in 2017.

8204_740x360

Practice:

  • White Collar, Investigations, Securities Litigation & Compliance
  • Government Investigations and Enforcement Actions
  • Internal Investigations
  • FCPA & Anti–Corruption
  • Whistleblower & Corporate Investigations
  • Securities Litigation, Class Actions and Shareholder Derivative Lawsuits
  • ERISA & Benefits Litigation
  • Corporate Governance
  • Trials
  • Blockchain and Cryptocurrency

Kenneth Herzinger Partner White Collar, Investigations, Securities Litigation & Compliance, Government Investigations and Enforcement Actions

San Francisco

Ken Herzinger is a partner in the White Collar, Investigations, Securities Litigation & Compliance Group in the San Francisco office. Ken was an attorney in the Enforcement Division of the U.S. Securities and Exchange Commission prior to joining private practice. His practice focuses on SEC investigations and enforcement actions, internal investigations, securities class actions, and ERISA class actions.


Ken has 20 years of experience as a securities litigator and has handled every type of SEC investigation and securities case, including new and developing areas like cybersecurity, blockchain, cryptocurrency, and SEC BSA/AML enforcement, and more traditional matters such as accounting and financial statement fraud, internal control over financial reporting (ICFR), disclosure controls and procedures, the Foreign Corrupt Practices Act (FCPA), insider trading, and Dodd-Frank and SOX whistleblower retaliation claims.

SEC and Regulatory: As a former SEC Enforcement attorney, Ken has successfully represented corporations, officers and directors, financial institutions, broker-dealers, auditors, and government municipalities in dozens of high profile investigations and enforcement proceedings by the SEC, U.S. Attorney's Office, PCAOB, and self-regulatory organizations such as FINRA.

Internal Investigations: Ken has conducted numerous global and domestic internal investigations for public and private companies and audit committees regarding a myriad of issues including accounting fraud, ICFR, disclosure controls and procedures, the FCPA, insider trading, and whistleblower retaliation claims.

Securities Class Actions:  Ken has also represented officers and directors and public companies in many high stakes securities class actions. He has tried cases in federal and state court and in arbitration proceedings, and was a member of the trial team which obtained a defense verdict in one of only several securities class action jury trials in the country to be tried to verdict.

ERISA Class Actions:  Ken has successfully defended companies and ERISA plan fiduciaries in ERISA class actions and has a strong track record of defeating the cases at the motion to dismiss stage.  Representative cases include: In re Chesapeake Energy Corp. 2012 ERISA Class Litigation, 2013 WL 5596908 (W.D. Okla. 2013)(Won a motion to dismiss an ERISA class action on behalf of Chesapeake Energy Corporation and its 401(k) Plan fiduciaries); Tomassini v. Oracle Corporation ERISA Class Action, Case No. 3:16-cv-03583-EMC (N.D. Cal. 2016)(Obtained a voluntary dismissal of an ERISA class action on behalf of Oracle Corporation and its 401(k) Plan fiduciaries.); Scholl v. Chesapeake Energy Corporation, et al. ERISA Litigation, Case No. civ-17-279-R (W.D. Okla. 2017)(Obtained a voluntary dismissal of an ERISA class action on behalf of Chesapeake Energy Corporation and its 401(k) Plan fiduciaries in an ERISA class action.); Gernandt v. SandRidge Energy Corporation, Case No. civ-15-834-D (W.D. Okla. 2018)(Obtained a dismissal with prejudice on behalf of SandRidge Energy Corporation and its 401(k) Plan fiduciaries in an ERISA class action).

Ken frequently lectures on and provides training for publicly traded companies and directors and officers on regulatory matters, corporate governance, and compliance.

His clients include: Broadcom Corporation, Charles Schwab, Chesapeake Energy Corporation, McAfee, Oracle Corporation, SandRidge Energy, Walmart, and Western Union.

13740_740x360

Practice:

  • 3D Printing
  • Intellectual Property
  • Inter Partes Review (IPR)
  • IP Counseling & Due Diligence

Christopher Higgins Partner 3D Printing, Intellectual Property

Washington, D.C.

Chris Higgins is a patent litigator and co-leader of the 3D Printing Group at Orrick. Chris is a trial lawyer with an electrical engineering degree, giving him a unique set of skills to represent clients in disputes involving complex technologies such as 3D printing and 3D scanning, graphics processing, semiconductors, medical devices, LCD displays, and data encryption.

Chris has developed a global reputation as an authoritative source on legal issues in 3D printing, and has been a featured speaker at 3D printing events around the world. His 3D printing practice includes advising startups and established 3D printing companies on all aspects of intellectual property law, cybersecurity, and technology transactions. Chris helps 3D printing clients grow their businesses and capitalize on market opportunities and represents them in court to defend or enforce IP rights.  Chris' 3D printing work extends beyond the courtroom; he teaches a course at Penn State University as part of its Masters of Engineering in Additive Manufacturing and Design program.

Chris' patent litigation and IPR practice also covers a wide range of other technologies including graphics processing, digital image processing and printing, semiconductor devices and semiconductor manufacturing, data encryption, high-definition television, digital content recognition, and medical devices. Chris has also assisted clients with licensing and patent prosecution related to 3D printing, digital imaging, wireless technology, mobile communication devices, encryption, high-definition television and medical devices.

Prior to law school, Chris worked in the patent department of a medical device company and as an engineer designing electronic components for missiles, projectiles, and bombs.

56_740x360

Practice:

  • Antitrust & Competition
  • Intellectual Property
  • White Collar, Investigations, Securities Litigation & Compliance
  • Complex Litigation & Dispute Resolution
  • Insurance Recovery

Norman Hile Senior Counsel Antitrust & Competition, Intellectual Property

Sacramento

Norman C. Hile focuses his practice in business and government litigation with an emphasis on complex litigation and counseling.

Norm, who has extensive experience in government, intellectual property, securities, antitrust and environmental litigation, practices at all levels of the civil litigation process and has litigated complex cases in state and federal court before arbitration panels and under the judicial arbitration provisions of California’s Code of Civil Procedure. Norm has prosecuted appeals successfully through the California appellate process to the Supreme Court of California and through the federal appellate process to the Supreme Court of the United States. 


740

Practice:

  • Supreme Court & Appellate

Ned Hirschfeld Senior Associate Supreme Court & Appellate

New York

Ned Hirschfeld is a Senior Associate in the firm's Supreme Court and Appellate Practice.  He provides strategic advice to clients facing cutting-edge legal issues in federal and state courts, with a focus on high-stakes appeals.

Ned specializes in appellate litigation.  He has authored successful merits briefs and petitions for certiorari in the U.S. Supreme Court, as well as dozens of briefs in federal and state appellate courts.  Ned's work has covered a wide range of subject areas, including patent, constitutional law, and complex commercial litigation.  He has also counseled Fintech clients on novel issues confronting the industry.

Ned maintains an active pro bono practice focused on immigration and criminal justice matters, including a successful appeal in the Second Circuit that vacated an arbitrary change to the meaning of "moral turpitude" under the Immigration and Nationality Act.

Prior to joining Orrick, Ned served as a law clerk to Judge Robert Sack of the U.S. Court of Appeals for the Second Circuit and Judge Kimba Wood of the U.S. District Court for the Southern District of New York.  During law school, he served as an Articles Editor for the Yale Law Journal.

360244

Practice:

  • Employment Law & Litigation

Necia Hobbes Employment Law Career Associate Employment Law & Litigation

Wheeling, W.V. (GOIC)

Necia Hobbes is a member of the firm’s employment law group at Orrick’s Global Operations Center in Wheeling, West Virginia. She has a broad range of experience litigating in federal, state and administrative courts.

Prior to joining Orrick, Ms. Hobbes worked in the Business and Tort Litigation Practice Group of Jones Day in Pittsburgh, Pennsylvania, where she litigated cases involving the Fair Credit Reporting Act, the False Claims Act, the Sherman and Clayton Antitrust Acts, as well as breach of contract and related claims. She also participated in internal investigations, and provided counsel regarding employee privacy and immigration regulations. While at Jones Day, Ms. Hobbes acted as lead counsel in approximately 50 cases in federal, state and administrative courts.

Additionally, Ms. Hobbes served as a judicial law clerk for the Honorable D. Michael Fisher of the United States Court of Appeals for the Third Circuit and obtained a graduate degree from Carnegie Mellon University’s H. John Heinz III School of Public Policy & Management. She previously consulted with the Office of High School Reform for the Pittsburgh Public Schools, served as a Coro Fellow in Public Affairs with the Coro Center for Civil Leadership in Pittsburgh, PA, and worked as a project manager and writer at a market research firm.

Ms. Hobbes is dedicated to pro bono and community service, and has volunteered on immigration cases assisting refugee children fleeing violence in Central America, civil cases helping prisoners pursue their constitutional rights, and state court petitions for transgender legal name changes.  She has volunteered in the past with women’s rights and immigration advocacy organizations, and teaching English in Kathmandu, Nepal.

David Hosp

Practice:

  • Intellectual Property
  • Copyright, Trademark & False Advertising
  • Trade Secrets Litigation
  • U.S. International Trade Commission

R. David Hosp Partner Intellectual Property, Copyright, Trademark & False Advertising

Boston

David’s practice is focused on trademark, copyright, and media litigation. Over the course of the past two decades, he has represented prominent clients in significant trademark litigations and trials, including companies like New Balance, Samsung, Citizens Bank and Dell/EMC. In addition, he has represented some of the most prominent media and technology companies like The New York Times, The Boston Globe, Microsoft, Cablevision and Houghton Mifflin Harcourt in significant media and intellectual property matters of first impression.

David brings creativity and determination to all of the matters he handles, whether they involve issues that are novel and complex or more traditional. He has tried matters to both juries and judges, and prepares every one of his cases with the assumption that the matter will be tried to verdict. That attention to preparation often leads to positive results before trial in favorable settlements or rulings on motions to dismiss or on summary judgment, which saves clients time and expense.
Throughout his career, David has been involved in some of the most widely followed cases in the area of trademark, copyright, and media law. For example, David:

  • Represented New Balance at trial in the International Trade Commission in the successful defense of trade dress claims brought by Nike/Converse. That case was cited by IP Law360 as the top trademark ruling of 2016;
  • Served as Aereo’s lead trial counsel in the successful defense in the district court (874 F. Supp.2d 373 (S.D.N.Y. 2012)) and lead appellate counsel in the successful appeal at the Second Circuit (712 F.3d 676 (2d Cir. 2013)). The case was ultimately decided by the Supreme Court on an issue of first impression in 2015;
  • Represented Cablevision at the district court in Cartoon Network LLP v. CSC Holdings, Inc. (478 F. Supp. 2d 607 (S.D.N.Y. 2007)), and was instrumental in developing the arguments that ultimately succeeded at the Second Circuit, which clarified copyright law on issues of both reproduction and public performance (536 F.3d 121 (2d Cir. 2008).
  • Served as lead trial counsel for Triumph Learning in the successful defense of trademark claims in Coach Services, Inc. v. Triumph Learning LLC (96 U.S.P.Q.2d 1600 (T.T.A.B. 2010)), and successfully defended that verdict before the Federal Circuit (668 F.3d 1356 (Fed. Cir. 2012)) in a decision that established a new standard for “fame” in trademark dilution cases.
  • Served as lead trial counsel for the New York Times and The Boston Globe in Gatehouse v. The New York Times, a case of first impression that involved both copyright and trademark claims, which settled favorably just prior to trial.
  • Served as lead trial counsel in successful defense of his client Recorded Books against trademark and copyright claims in Brilliance Audio v. Haights Cross Communications, which established new law with respect to the first sale doctrine, and successfully defended that result before the Sixth Circuit (474 F.3d 365 (6th Cir. 2007)).
  • As a senior associate, served as a member of the trial and appellate team in Lorillard v. Reilly, a case that was ultimately decided in the client’s favor at the United States Supreme Court (533 U.S. 525 (2001)), in one of the leading First Amendment commercial speech decisions in recent jurisprudence.

In 2013, The Hollywood Reporter included David in its annual Power 100 edition, highlighting the most influential media attorneys in the country, and naming his team’s defense of Aereo, Inc. against claims brought by the country’s major television broadcasters at the trial court and before the Second Circuit as the “Case of the Year.” He has been recognized as a leading practitioner in The American Lawyer, The World Trademark Review 1000, and The Legal 500, among other legal publications. He also writes extensively about the law, and has lectured at Harvard Law School’s Berkman Center and Boston College Law School.

Practice:

  • Intellectual Property
  • Cyber, Privacy & Data Innovation
  • Patents

Johannes Hsu Managing Associate Intellectual Property, Cyber, Privacy & Data Innovation

Orange County

Johannes Hsu draws on his business, technical, and legal acumen developed over more than 20 years in engineering, management, and law to serve technology clients.  His experience enables him to take a holistic approach in his legal services.

Johannes's practice focuses on patent litigation, especially in the fields of electronics, circuits, computer and network systems, software, and telecommunications. He has litigation experience in district courts, the Patent Trial and Appeal Board, and the U.S. International Trade Commission. He also leverages his technical and operational experience in data-privacy and data-security matters.

Before joining Orrick, Johannes clerked for the Honorable R. Gary Klausner in the Central District of California.  He assisted Judge Klausner on a wide variety of civil matters.  In particular, he worked on many intellectual-property disputes involving patents, trademarks, copyrights, and trade secrets. Johannes began his legal career primarily as a patent prosecutor at one of the largest intellectual-property boutique firms in the United States.

Before becoming an attorney, Johannes worked for over 20 years as an engineer in high-tech and aerospace industries. He held increasing responsibilities and was last a manager and a senior principal engineer at one of the top two fabless-semiconductor companies in the world. His work in those positions had a direct and significant impact on virtually every chip of a one-billion-dollar product line. A technical leader and a functional manager, he interacted regularly with upper management in engineering and marketing and worked closely with cross-disciplinary teams.  His substantial engineering experience encompasses a wide array of technologies, from communication systems, digital-security systems, to hardware and embedded-software design. In addition to developing digital-security technologies, Johannes also set operational security policies for his engineering organization and developed a secure infrastructure which he led through a successful third-party audit.

10385_740x360

Practice:

  • Intellectual Property
  • IP Counseling & Due Diligence
  • Patents
  • Copyright, Trademark & False Advertising
  • Trade Secrets Litigation
  • China

Yali Hu Senior Associate Intellectual Property, IP Counseling & Due Diligence

Beijing

Yali Hu, a senior associate in Orrick's Beijing office, is a member of the Intellectual Property Group. 

Yali assists local- and foreign-based multinational companies with all aspects of their intellectual property rights in China, Europe and the United States, including Section 337 U.S. International Trade Commission (ITC) litigation. Yali has extensional experience in patent, trademark, domain name, copyright and trade secret.

Yali’s intellectual property-related services include patent filing and subsequent maintenance affairs for her clients.

351371

Practice:

  • Antitrust & Competition

Patrick Hubert Partner Antitrust & Competition

Paris

Patrick Hubert, a Paris-based partner in the Antitrust & Competition group, brings decades of legal experience and innovation in both private practice and government, with experience ranging from acting as chief of staff to the French Minister of Justice, to being general counsel and chief investigator with the French competition authority, and from acting as a judge with the Conseil d’Etat (French Supreme Administrative Court) to even publishing a paper as a cell biologist (when very young).

This breadth of experience has allowed him to become a leading authority in the field of antitrust, but his background helps him borrow ideas from anywhere – finding imaginative solutions for the legal and business challenges his clients face.

Patrick has long been a trailblazer in his field. For example, years before private compliance programs became commonplace, Patrick persuaded his clients to dedicate resources to compliance policies, thus being one of the first to encourage proactive rather than strictly reactive actions. In France, he was one of the first to launch antitrust recovery claims and to work on a private standalone claim, without any precedent from the regulator. Acting on the plaintiff side, he obtained the highest fine ever imposed on a dominant company, a record that has remained unchallenged so far.

He is currently handling private claims totaling more than 5 billion euro, advising global tech companies and other multinationals in French and EU competition matters, including merger control filings, cartel and abuse of dominance investigations, state aid and compliance work, as well as private damages actions before the French courts. In addition, he serves as vice chairman of the competition commission of the International Chamber of Commerce and chairs its merger control working party.