Cary D.Sullivan

Partner

Irvine + 1.949.553.7513

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Cary Sullivan is a trial lawyer with in-depth experience in consumer class cases, trade secrets, products liability, and data management.

Cary has 17 years of experience representing public and private companies and individuals in the financial, technology, payment processing, pharmaceutical, health care, spirits, construction, manufacturing, and energy industries. He has advised boards in derivative litigation and internal investigations and has represented directors and officers in a variety of related proceedings. Recently, Cary defended the California Superior Court in a federal trial against First Amendment claims brought by a press organization. He also recently defended a spirits company in a six-week jury trial against complex contract-related claims. In addition, Cary has defeated numerous nationwide consumer class actions and federal racketeering cases.

Cary is frequently asked to speak or write about developments in the consumer class context, particularly regarding the enforceability of arbitration provisions. He is a member of the Firm's Recruiting Committee and is the New Lawyers Group coordinator for the Irvine Office.

Experience

  • Qualcomm pursues trade secret and contract claims asserting Apple's misuse of Qualcomm's trade secret software and source codeJones Day represented Qualcomm Incorporated and Qualcomm Technologies, Inc. in a lawsuit asserting trade secret misappropriation and breach of contract claims against Apple Inc.
  • Lennar defeats certification in consolidated class action involving allegedly defective "yellow brass" plumbing fittingsJones Day represented two subsidiaries of the homebuilder Lennar Corporation in connection with a consolidated class action regarding high-zinc-content brass plumbing fittings (often called "yellow brass" fittings) that were alleged to corrode through a chemical reaction called dezincification when exposed to water, ultimately causing the fittings to occlude or leak.
  • Financial services company defeats putative nationwide racketeering class actionJones Day represented a financial services company in a putative nationwide federal racketeering class action.
  • Patrón Spirits obtains summary judgment in defense of executive compensation claims brought by former officer and directorJones Day represented Patrón Spirits International AG and its majority shareholder, John Paul DeJoria, in a case against a former president and director of the company.
  • Tracinda Corporation defends shareholder class actionJones Day represented Tracinda Corporation and Kirk Kerkorian in shareholder class action arising from Tracinda Corporation's sale of stock following Daimler's acquisition of Chrysler.
  • Special committee of pharmaceutical company investigates shareholder derivative demandJones Day represented a special committee of the board of directors of a pharmaceutical company in conducting an internal investigation in response to a shareholder derivative demand letter regarding certain alleged breaches of fiduciary duty relating to a financial restatement.
  • Financial services company defeats putative nationwide consumer fraud class actionJones Day represented a financial services company in a putative nationwide consumer fraud class action.
  • Novatel Wireless defends shareholder class action and shareholder derivative actions regarding misrepresentations concerning their financial resultsJones Day represents Novatel Wireless, Inc. and certain of its officers and directors in shareholder class and derivative actions alleging that Novatel made misrepresentations concerning their financial results and the status and scope of the Company's internal investigation.
  • Flat panel television manufacturer defeats putative nationwide class action alleging defective component parts in plasma and LCD TVsJones Day represented a flat panel television manufacturer in connection with a putative nationwide class action regarding allegedly defective component parts in plasma and LCD TVs manufactured since 2003.
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    July 2020 White Paper

    An Update on Noncompete Legislation Following Passage of Massachusetts' Non-Compete Law

    May 2019 Reprints

    The Transportation Worker Exemption to the FAA, Los Angeles & San Francisco Daily Journal

    January 2019 Reprints

    Questions of Arbitrability After Henry Schein, Daily Journal

    November 2018 External Publications

    9th Circuit continues to enforce well-crafted arbitration agreements, Daily Journal

    September 2018 External Publications

    Will High Court Resolve Circuit Split On Arbitration Issues?, Law360

    December 2017 External Publications

    Defense Strategies Shift in Spokeo's Wake, Los Angeles & San Francisco Daily Journal

    May 2017 External Publications

    Whither Arbitration Of Public Injunctive Relief?, Law 360

    March 2017 External Publications

    9th Circ. Illustrates Split Over Calif. PAGA Claim, Law360

    January 2017 External Publications

    Courts reject attempts to partition PAGA claims, Los Angeles & San Francisco Daily Journal

    September 2016 External Publications

    Courts Still Wrestling with Arbitration Question, Los Angeles & San Francisco Daily Journal
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