Duane Morris LLPPartner

Stephen Holbrook Sutro

About Stephen Holbrook Sutro

Stephen Holbrook Sutro is a lawyer practicing securities & investment fraud, securities litigation, antitrust and competition and 3 other areas of law. Stephen has been licensed for 32 years. Stephen practices at Duane Morris LLP in San Francisco, CA.

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Services

Areas of Law

  • Other 6
    • Securities & Investment Fraud
    • Securities Litigation
    • Antitrust and Competition
    • Corporate Compliance and Internal Investigations
    • White-Collar Criminal Law
    • Healthcare Fraud and Abuse

Practice Details

  • Firm Information
    Position
    Partner
    Firm Name
    Duane Morris LLP
  • Representative Cases & Transactions
    Cases
    Representative Matters: Government Contracts/False Claims: Counsel to technology company in false claims litigation involving alleged government contracting abuses.
    Counsel to technology company in internal investigation involving public corruption in procurement of municipal contracts.
    Counsel to technology company in investigation by California Senate Office of Oversight
    Outcomes regarding technology contract.
    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)
    the Federal Deposit Insurance Corporation (FDIC).
    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
    Commerce Committee, Subcommittee on Oversight
    Investigations, regarding federally funded program.
    Counsel to construction firm in internal investigation regarding products submitted in connection with public works project.
    Counsel to government contractor in dispute regarding enforceability of liquidated damages provision.
    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
    CEO of corporation in false claims
    class action litigation.
    Counsel to former CEO
    president of international corporation in connection with false claims
    Medicare fraud investigation U.S. Department of Justice.
    Counsel to government contractor in audit of pricing
    invoice practices in contracts with State of California departments, counties,
    other public sector clients.
    Securities/Insider Trading: Counsel in multiple investigations by the U.S. Department of Justice
    the Securities
    Exchange Commission regarding insider trading.
    Counsel to executive in investigation by the Securities
    Exchange Commission concerning technology company's alleged exaggeration of technology, business,
    financial performance.
    Counsel to president of publicly held company in investigation by the U.S. Department of Justice
    the Securities
    Exchange Commission regarding overbilling
    fraud in federally funded program.
    Counsel to an independent financial
    investment advisory firm in investigation regarding municipal bond offerings.
    Counsel to stock market
    investment advice publication regarding compliance with securities laws
    rules.
    Counsel to professional accreditation organization in connection with multiple investigation
    enforcement matters involving membership.
    Counsel to former chairman of the board of a financial institution in lawsuit brought by corporation for alleged insider trading
    breaches of fiduciary obligations.
    Counsel to executive at medical device company in parallel investigations by the U.S. Department of Justice
    the Securities
    Exchange Commission,
    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
    Securities
    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
    employees staffing the Enron engagement in connection with investigation by the Department of Justice
    obstruction of justice trial.
    Antitrust / Market Manipulation: Counsel to international corporation in U.S. Department of Justice, Antitrust Division,
    State Attorney General investigations
    multi-district litigation regarding alleged price-fixing in liquid crystal display (LCD) market.
    Counsel to company
    executive in the defense of a class action alleging RICO violations
    price fixing.
    Counsel to corporation in a national investigation by the United States Department of Justice, Antitrust Division, regarding bid rigging
    collusion in a federally funded program.
    Counsel to corporation regarding California State Senate
    United States Department of Justice investigations of gas trading activities in the California electricity market.
    Counsel to CEO of oil
    gas company in investigations by U.S. Department of Justice, Antitrust Division
    various State Attorney Generals regarding the acquisition of oil
    gas leases.
    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 r
    om access memory (DRAM) market.
    Counsel to employees of 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 for employee in investigation by U.S. Department of Justice, Antitrust Division, regarding the auto parts industry.
    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.
    Corporate Governance: Counsel to former CEO of failed financial institution sued by the Federal Deposit Insurance Corporation (FDIC) in lawsuit alleging breaches of fiduciary duty.
    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
    breach of charitable trust.
    Counsel to LLC managing member in lawsuit regarding corporate governance.
    Counsel to investment advisor in internal investigation regarding breach of fiduciary duties following withdrawal of members from LLC.
    Counsel to multiple officers
    directors regarding obligations of corporations to advance attorney fees
    provide indemnity in corporate
    government investigations
    criminal, civil,
    administrative proceedings.
    Technology/Intellectual Property: Counsel to international company in lawsuit involving theft of trade secrets
    company information.
    Counsel to software company in lawsuit by California Office of the State Controller concerning the failed implementation of software.
    Counsel to software company in civil RICO litigation brought by California county. County of Marin v. Deloitte Consulting LLP, 836 F.Supp.2d 1030 (N.D. Cal. 2011)
    Counsel to software company in fraud
    breach of contract litigation brought by California corporation.
    Counsel to software company in litigation brought by reseller alleging breach of contract
    breach of fiduciary duty.
    Counsel to software company in first criminal prosecution by Department of Justice under the Digital Millennium Copyright Act. United States v. Elcom Ltd., a/k/a Elcomsoft Co., Ltd., 203 F.Supp.2d 1111 (N.D. Cal. 2002)
    Counsel to international marketing group in copyright litigation.
    Counsel to financial institution sued for trade secret misappropriation, unfair business practices
    employee raiding.
    Counsel to chemical
    mortar manufacturer sued for trade secret misappropriation
    breach of license agreement.
    Counsel to multiple executives at technology firm sued for theft of trade secrets
    in parallel investigation by U.S. Department of Justice.
    Counsel to U.S. subsidiary of international corporation in an internal investigation
    negotiations responding to allegations by multiple law-enforcement agencies of overbilling
    fraud in the sale of software.
    Food
    Drug: Appointed as Special Assistant Attorney General for the State of Washington to defend the former chair of the Department of Biostatistics at the University of Washington in suit concerning characterization of data from Phase III trial. Harkonen v. Fleming, 880 F.Supp.2d 1071 (N.D. Cal. 2012).
    Counsel to senior executives at biotechnology company in investigation of Food & Drug Act violations by the Department of Justice
    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
    FDA Office of Criminal Investigation.
    Counsel to dairy producer in investigation by the Department of Justice
    FDA Office of Criminal Investigation regarding contaminated milk supply.
    Counsel to employees
    executives at agricultural producer in investigation of Food & Drug Act violations by the Department of Justice.
    Environmental Law: Counsel to employees of energy company in investigation by Department of Justice
    Environmental Protection Agency regarding alleged Clean Air Act violations.
    Counsel to national construction firm in investigation by the U.S. Department of Justice
    the Environmental Protection Agency regarding alleged Clean Water Act violations.
    Counsel for purchaser of contaminated property in CERCLA litigation.
    Homel
    Security
    Customs Enforcement: Counsel to CEO in investigation by the Department of Justice
    United States Department of Homel
    Security (DHS), Immigration
    Customs Enforcement (ICE)
    Homel
    Security Investigations (HSI) regarding the employment
    harboring of aliens.
    Counsel to corporation in connection with investigation by Department of Justice
    Department of Commerce Office of Export Enforcement into shipments of technology products to countries on government watch list.
    Counsel to corporation in investigation by Congressional committee regarding shipments of products to countries on government watch list.
    Tax: Counsel to California city in a complex property tax dispute against the California Department of Finance
    a number of other State of California
    County agencies.
    Counsel to former partner of KPMG LLP indicted by the U.S. Department of Justice regarding tax shelters designed
    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 White-Collar Criminal
    Civil: Counsel to former government official in investigation
    prosecution relating to alleged conflicts of interest.
    Counsel to lawyer in investigation by Department of Justice concerning insurance fraud.
    Counsel to victim of extortion in restitution proceedings under the M
    atory Victims Restitution Act. U.S. v. Lazarenko, 624 F.3d 1247 (9th Cir.(Cal.) Nov.3, 2010)
    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 winery in partition action
    water rights dispute.
    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
    collection practices.
    Counsel in numerous cases to director
    officer insurers seeking rescission of policy
    /or declaration of no coverage in connection with securities
    other director
    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
    officer insurer in lawsuit in bad faith litigation.

Experience

  • Bar Admission & Memberships
    Admissions
    1994, California
    U.S. Court of Appeals for the Federal Circuit
    U.S. Court of Appeals for the Ninth Circuit
    U.S. District Court for the Northern District of California
    U.S. District Court for the Eastern District of California
    U.S. District Court for the Southern District of California
    U.S. District Court for the Central District of California
    Memberships

    Professional Activities

    •American Bar Association
    - White Collar Crime Committee
    •Northern California Chapter of the Association of Business Trial Lawyers
    - Member, Board of Governors
    •San Francisco Bar Association
    - Member, Executive Committee, Criminal Justice Section

  • Education & Certifications
    Law School
    Santa Clara University School of Law
    Class of 1994
    J.D.
    cum laude
  • Personal Details & History
    Age
    Born in 1969
    San Francisco, California, April 9, 1969

Stephen Holbrook Sutro

Partner at Duane Morris LLP
Not yet reviewed

One Market Plaza, Suite 2200San Francisco, CA 94105U.S.A.

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