Cary D. Sullivan

Partner

Irvine + 1.949.553.7513

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

Cary has more than 20 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. Cary has represented companies in trade secret disputes around the globe, including multibillion dollar disputes and cases that have helped define the limits of extraterritorial application of the federal Defend Trade Secrets Act (DTSA). Cary has tried numerous cases to verdict in federal and state courts and in arbitration forums across the country, and he has defeated numerous nationwide consumer class actions and federal racketeering cases.

Cary has been recognized multiple times as a practice head and leading lawyer in Trade Secrets (Litigation and Non-Contentious Matters), Tier 1, by Legal 500 US. He is also a coauthor of Trade Secret Litigation & Protection: A Practice Guide to the DTSA and the CUTSA and is frequently asked to speak or write about developments in the trade secret or consumer class context. He is a member of the Firm's Recruiting Committee and is the business development partner for the Irvine Office.

Experience

  • Ag Canada prevails in bifurcated bench trial on identity of so-called "Glory" trees and cherriesJones Day represents Her Majesty the Queen in Right of Canada as represented by the Minister of Agriculture and Agri-Food ("Ag Canada"), in an intellectual property suit against Monson Fruit Company, Inc., Van Well Nursery, Inc., and Gordon and Sally Goodwin.
  • Judicial Council of California and Chief Justice of California obtain summary judgment, on eve of trial, in long-running disparate impact discrimination lawsuitJones Day successfully represented the Judicial Council of California and Chief Justice Patricia Guerrero in a long-running disparate impact discrimination lawsuit filed by seven retired judges.
  • MedImpact wins summary judgment in trade secret case over misuse of its pharmacy benefit management technologyJones Day successfully represented MedImpact Healthcare Systems in this international trade secret litigation against IQVIA arising out of a joint venture relationship.
  • CafePress obtains complete dismissal of putative nationwide class action relating to data breachJones Day obtained a complete dismissal of a putative nationwide class action arising from an alleged data breach on behalf of CafePress Inc. (now known as Residual Pumpkin Entity, LLC).
  • Qualcomm defeats series of appellate writs by Apple in trade secret litigationJones Day represented Qualcomm Incorporated and Qualcomm Technologies, Inc. at the California Court of Appeal's Fourth District in opposing a series of three petitions for writ of mandate or prohibition brought by Apple Inc.
  • 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.
  • Payment processing company pursues trade secret cases against former sales representativesJones Day is representing a payment processing company that is prosecuting unfair competition and trade secret-type claims against former sales agents who used confidential pricing and customer information to lure away its customers on behalf of a competitor while still contracted with our client.
  • Lennar resolves putative product liability and consumer fraud class action lawsuitsJones Day client Lennar Corporation obtained the voluntary dismissal of putative class action lawsuits against Lennar homebuilding subsidiaries in California and the settlement of nationwide putative class action lawsuits in Nevada and Minnesota after defeating bids for class certification, and defeating plaintiffs' attempt to appeal to the Ninth Circuit in the Nevada case.
  • Lennar defeats certification in two California class actions regarding allegedly defective "yellow brass" fittingsJones Day represented two California subsidiaries of the homebuilder Lennar Corporation in separate but similar statewide class actions regarding high-zinc-content brass 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 successfully resolves class action RICO litigationJones Day represented a financial services company that successfully resolved a national consumer class action lawsuit brought by plaintiffs alleging violations of the Racketeer Influence and Corrupt Organizations Act ("RICO").
  • Financial services company defeats putative nationwide consumer fraud class actionJones Day represented a financial services company in a putative nationwide consumer fraud class action.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • Financial services company defeats putative nationwide racketeering class actionJones Day represented a financial services company in a putative nationwide federal racketeering class action.
  • Calgon Carbon succeeds in bid protest relating to water filtration system in Yorba Linda Water DistrictJones Day successfully represented Calgon Carbon Corporation in protesting the award of a bid for the procurement and installation of a water filtration system for the Yorba Linda Water District.
  • 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.
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    January 2024 White Paper

    2023 Annual Review: Key U.S. Trade Secret Developments

    September 2023 Reprint

    RICO Trade Secret Standard Prevails Within 9th Circ. Courts (Law360)

    March/April 2022 External Publications

    Navigating Trade Secret Identification During Discovery: Timing and Scope, IP Litigator

    December 2021 White Paper

    Navigating Trade Secret Identification During Discovery: Timing & Scope

    July 2020 White Paper

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

    May 2019 Reprint

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

    January 2019 Reprint

    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
    View All

    Additional Publications

    • April 2022
      Trade Secret Litigation & Protection: A Practice Guide to the DTSA and the CUTSA, coauthor, California Lawyers Association, Treatise

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