image description

Brendan P. Cullen

Partner

Brendan P. Cullen

Partner
Palo Alto +1-650-461-5650+1-650-461-5650 +1-650-461-5700+1-650-461-5700
cullenb@sullcrom.com

Brendan Cullen is a partner in the Firm’s Litigation Group. Mr. Cullen has litigated a broad range of matters, including complex securities, commercial, intellectual property 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 U.S. Supreme Court. He also has conducted numerous confidential internal investigations, including investigations related to issues of corporate governance, securities matters and Foreign Corrupt Practices Act compliance.

Mr. Cullen’s corporate clients have included Caterpillar, Dolby International AB, EchoStar, EnCana, Goldman Sachs, MBNA, Microsoft, Philips Electronics, The PMI Group, Rolls-Royce, Tenaris, Thomas Weisel Partners, UBS, VeriFone and Vista Equity Partners. Over the last several years, he has been navigating his clients through legal issues arising from some of the most complex economic developments of the past generation, including the collapse of Enron, the California energy crisis and the financial crisis. Matters with a high technology focus in which Mr. Cullen has been involved include patent litigation on behalf of VeriFone and Dolby 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.

Mr. Cullen serves as the co-coordinator of the Firm’s Appellate Practice.

Professional Activities and Community Involvement

  • Member, Stanford Law School Board of Visitors
  • Member, Santa Clara County Bar Association
  • Co-Chair and Secretary, Silicon Valley Campaign for Legal Services Board of Directors
  • Member, Atherton Police Foundation Board of Directors
  • Member, Federal Bar Association

Recent Rankings and Recognitions 

  • S&C featured in The National Law Journal’s 2014 Appellate Hot List
  • The Legal 500 United States – Recommended Lawyer for Appellate (2011, 2014)
  • Northern California Super Lawyers (2011-2014)


SELECTED REPRESENTATIONS

Securities
  • Represents VeriFone, Inc. in consolidated securities class action litigation, federal shareholder derivative litigation and additional state court derivative litigation (stayed in California Superior Court in San Jose pending the outcome of the federal derivative action)—all related to VeriFone’s late-2007 financial restatement, which preceded a precipitous single-day share-price drop and resultant decrease in market capitalization of almost $2 billion. S&C also represented VeriFone in a related investigation by the Securities and Exchange Commission, which resulted in a favorable settlement. In March 2011, the U.S. District Court in San Francisco dismissed with prejudice the class action for plaintiff’s failure to adequately plead scienter.  This follows the District Court’s August 2010 dismissal with prejudice of the federal shareholder derivative action, which was affirmed by the U.S. Court of Appeals for the Ninth Circuit. Plaintiff appealed the dismissal of the securities action to the Ninth Circuit and the parties settled the case shortly after the Ninth Circuit’s ruling
  • 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 also has successfully litigated over two dozen NASD arbitrations for UBS involving similar issues 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 Eleventh 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
M&A-Related Matters
  • Represented Caterpillar in litigation brought by Terex in New York State Supreme Court in connection with a post-closing dispute in a 2010 acquisition of Terex’s mining equipment business
  • Represented Michael Rubin (CEO of GSI) in litigation related to eBay’s acquisition of GSI
  • Represented EchoStar in litigation related to its acquisition of Hughes Communications
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
Antitrust
  • Represents Philips Electronics in multi-district antitrust litigation relating to the sale of thin film transistor liquid crystal display (TFT-LCD) panels
  • Represented EnCana Corporation and one of its subsidiaries in the resolution of multiple long-running actions involving alleged industry-wide manipulation of natural gas prices. These actions, which were filed in the wake of a natural gas commodity price spike in the winter of 2000-2001 and ensuing government scrutiny of alleged price-fixing in the industry, included: (i) a consolidated class action in California Superior Court; (ii) 14 individual actions brought by various municipalities and private entities in California Superior Court; (iii) multiple class actions coordinated as part of a multidistrict litigation in the U.S. District Court for the District of Nevada and on appeal to the Ninth Circuit; and (iv) a consolidated class action in the U.S. District Court for the Southern District of New York. EnCana ultimately settled all of these actions
  • 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
Intellectual Property
  • Represented Dolby International AB in patent infringement litigation brought against Research In Motion regarding patents covering an advanced method of digital audio compression
  • 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
Investigations
  • Represents Tenaris S.A. in the successful resolution of a two-year SEC investigation of an alleged bribery scheme involving contracts to provide steel pipe to companies in Uzbekistan’s state-owned oil and gas industry. In May 2011, Tenaris entered into a deferred prosecution agreement with the SEC – the first the agency has ever offered – and signed a two-year non-prosecution agreement with the DOJ