Stephen H. Sutro practices in the areas of complex litigation, internal corporate investigations, and compliance and corporate matters.

Mr. Sutro has represented corporations, corporate executives, government officials, accountants, lawyers and others in a broad range of criminal, civil and administrative proceedings, including those involving securities and commodities, antitrust offenses, government contract fraud, healthcare fraud, tax fraud, computer crimes and public corruption.

Mr. Sutro serves on the Board of Trustees for the California Investment Trust Fund Group, a mutual fund company. He also volunteers his time as a director of The Guardsmen, a non-profit organization that raises money to send disadvantaged children to school and summer camp.

Mr. Sutro is a graduate of the Santa Clara University School of Law (J.D., cum laude, 1994), where he was the Senior Comments Editor of the Santa Clara Law Review and the recipient of an Emery Scholarship, and is a graduate of Trinity College.

Areas Of Practice

Securities Litigation
White-Collar Criminal Law
Corporate Compliance and Internal Investigations
Antitrust and Competition
Healthcare Fraud and Abuse

Representative Matters

Securities

Counsel to former chairman of the board in lawsuit by corporation alleging insider trading and breaches of fiduciary obligations
Counsel to executive at medical device company in investigations by the U.S. Department of Justice and Securities and Exchange Commission, and civil lawsuits following restatement due to revenue recognition issues
Counsel to auditor in investigation by the U.S. Department of Justice and Securities and Exchange Commission regarding audit of public company following restatement due to revenue recognition issues
Counsel to international corporation in internal investigation regarding payments implicating the Foreign Corrupt Practices Act
Counsel to executive at financial institution in investigation and litigation by Securities and Exchange Commission regarding alleged securities fraud
Counsel to several Arthur Andersen LLP audit partners in connection with investigation by the Department of Justice and obstruction of justice trial following the Enron collapse
Counsel to individuals in self-regulatory organization investigations

Antitrust / Market Manipulation

Counsel to corporation in international investigation and class action lawsuits regarding alleged price-fixing in liquid crystal display market
Counsel to subsidiary of an international corporation in a national investigation by the U.S. Department of Justice, Antitrust Division, regarding bid rigging and collusion in a federally funded program.
Counsel to energy corporation regarding California State Senate and U.S. Department of Justice investigation of trading activities in the California electricity market
Counsel to executive at 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 random access memory (DRAM) market
Counsel to employees of a domestic energy 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

Government Contracts

Counsel to U.S. subsidiary of international corporation in an internal investigation and negotiations responding to allegations by multiple state law-enforcement agencies of overbilling and fraud in the sale of software
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 and Commerce Committee, Subcommittee on Oversight and Investigations, regarding federally funded program
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 and CEO of corporation in false claims and class action litigation

Tax

Counsel to former partner of KPMG LLP indicted by the U.S. Department of Justice regarding tax shelters designed and marketed by KPMG LLP
Counsel to employees of domestic subsidiary of international corporation regarding alleged failure to report income

Health Care

Counsel to senior executives at biotechnology company in investigation of Food & Drug Act violations by the Department of Justice and 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 and FDA Office of Criminal Investigation
Counsel to dairy producer in investigation by the Department of Justice and FDA Office of Criminal Investigation regarding contaminated milk supply
Counsel to former CEO and president of international corporation in connection with false claims and Medicare fraud investigation

Other Civil Litigation

Counsel to corporation in unfair business practices action brought by the California attorney general
Counsel to financial institution sued for trade secret misappropriation, unfair business practices and employee raiding
National counsel to financial institution in class actions regarding credit card and collection practices
Counsel in numerous cases to Directors and Officers insurers seeking rescission of policy and/or declaration of no coverage in connection with securities claims

Other Criminal

Counsel to former government official in investigation and prosecution relating to alleged conflicts of interest
Counsel to international software company in first criminal prosecution by Department of Justice under the Digital Millennium Copyright Act
Counsel to corporation in connection with investigation by Department of Justice and Department of Commerce Office of Export Enforcement into shipments of technology products to countries on government watch list
Counsel to lawyer in investigation by Department of Justice concerning insurance fraud
Counsel to employees of energy company in investigation by Department of Justice and Environmental Protection Agency regarding alleged environmental violations

Professional Activities

American Bar Association
- Litigation Section
- Antitrust Section
- Securities Litigation Committee
- White Collar Crime Committee
State Bar of California
- Antitrust & Unfair Competition Section
San Francisco Bar Association

Admissions

California
United States District Court for the Northern, Eastern, Southern, and Central Districts of California
United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Ninth Circuit

Education

Santa Clara University School of Law, J.D., cum laude, 1994

Experience

Duane Morris LLP
- Partner, 2002-present
- Associate, 2000-2002
Hancock Rothert & Bunshoft LLP, San Francisco, CA
- Associate, 1994-2000

Board Memberships

Saint Mark's School, Marin County, California, September 2002-May 2007
California Investment Trust Fund Group, San Francisco, California, 2006-present
The Guardsmen, San Francisco, California, 2006-present

Selected Publications

Author, "Joint Defense Agreements," Association of Business Trial Lawyers Report, Northern California edition, Summer 2008
Featured in "Moving Beyond the Billable Hour," Counsel to Counsel, May 2008