Brendan Cullen is a partner in Sullivan & Cromwell s Palo Alto office. He is a member of the Firm s Litigation Group and serves as Co-Coordinator of the Firm s Appellate Practice. Mr. Cullen has litigated a broad range of matters, including complex securities, commercial and antitrust litigation, frequently with a substantial technological element. He has advised and represented clients in arbitrations, in cases in state and federal trial courts, and on appeals before state and federal appellate courts, including the United States Supreme Court. He has also conducted numerous internal investigations on behalf of audit and special committees. Mr. Cullen s corporate clients have included EnCana, Goldman Sachs, MBNA, Microsoft, Philips Electronics, The PMI Group, Rolls-Royce, Thomas Weisel Partners, UBS, VeriFone and Vista Equity Partners. He currently represents clients in class action litigation involving Enron and in numerous actions arising from the California energy crisis. Matters with a high technology focus in which Mr. Cullen has been involved include patent litigation on behalf of VeriFone and a six-week jury trial in which Mr. Cullen s Sullivan & Cromwell team obtained a jury verdict for Philips in a case arising from allegations of faulty computer chips. Selected Securities Matters Represents UBS in securities class actions brought by former UBS customers seeking to recover their investment losses in Enron stock and employee options. S&C has successfully litigated NASD arbitrations for UBS relating to Enron. Represented Softbank and other leading venture capital firms in a dispute with Equifax involving alleged fraud in connection with an acquisition. S&C also represented Softbank and the other venture capitalists in connection with a related criminal investigation. The matter was settled favorably after argument in the 11th Circuit. Represented Thomas Weisel Partners, which had been an underwriter of the initial public offering of Tellium, Inc., in class action litigation related to that offering. Selected Complex Commercial Matters Represented Philips Semiconductors in litigation relating to the sale of semiconductor chips that were allegedly defective because of the molding compound used in their manufacture. One such case was successfully tried before a jury in Santa Clara County. Represented Thomas Weisel Partners in litigation related to an alleged finder s fee arising from a joint venture. Selected Antitrust Cases Represents EnCana Corporation and one of its subsidiaries in multiple actions involving alleged manipulation of natural gas prices. These actions include: (i) a consolidated class action pending in California Superior Court; (ii) 14 individual actions brought by various municipalities and private entities pending in California Superior Court; (iii) multiple class actions coordinated as part of a multidistrict litigation in the United States District Court for the District of Nevada and on appeal to the Ninth Circuit; and (iv) a consolidated class action pending in the United States District Court for the Southern District of New York. Represented Rolls-Royce in antitrust litigation related to the plaintiff s failed endeavor to re-engine Boeing 727s with Rolls-Royce engines. Obtained summary judgment, which was affirmed by the Ninth Circuit. Selected Intellectual Property Cases Represented VeriFone in patent infringement litigation in multiple District Courts and before the International Trade Commission. Represented Philips Oral Healthcare in Lanham Act litigation against Salton, resulting in entry of injunctive relief prohibiting Salton from running misleading television commercials. Represented Rodime in patent infringement litigation in District Court litigation and on successful appeal to the Federal Circuit. Professional Activities and Community Involvement Santa Clara Bar Association Member Silicon Valley Campaign for Legal Services - Board Member Federal Bar Association - Member |