"U.S. Trial Firm of the Year" – 3 Consecutive Years (Benchmark; Law360)
SourabhMishraPicture

Sourabh
Mishra

Partner

Partner

Education

Admissions

  • California

Sourabh Mishra focuses his practice on complex commercial litigation, intellectual property litigation, white collar criminal defense, and investigations. Mr. Mishra represents individuals and companies in complex commercial litigation matters across a wide array of industries, including medical devices, information analytics, food and beverage, telecommunications, biopharmaceuticals, and technology hardware and equipment. In addition, he regularly represents individuals and corporations in connection with complex and sensitive internal investigations and governmental inquiries.

As a valued member of multiple high-profile trial teams, Mr. Mishra is strategic about scrutinizing the key facts and legal issues at stake for his clients, especially with regard to issues that will be critical at trial. Mr. Mishra has experience in all stages of the litigation process, from pre-complaint investigations to post-verdict briefings. He has won all types of motions, including motions to dismiss, motions for summary judgment, motions for judgment on the pleadings, Daubert motions, and post-trial motions. He has also conducted direct and cross examinations of key fact and expert witnesses at multiple trials. His notable clients have included Amazon, Monster Energy, Bausch Health, Amgen, Peloton, Endo Pharmaceuticals, the city of Santa Monica, CoreLogic, and T-Mobile.

During law school, Mr. Mishra spent his first summer working at the U.S. Attorney’s Office in the Eastern District of New York and externed during his third year with the Honorable Debra A. Livingston on the U.S. Court of Appeals for the Second Circuit. He was also named a Harlan Fiske Stone Scholar and served as notes editor for the Columbia Law Review.

Before attending law school, Mr. Mishra worked as a legal analyst at Soros Fund Management in New York City. As an undergraduate, he was the recipient of the Jeffrey L. Pressman Prize for the best thesis in the field of American Politics and the Colby Government Prize for his performance as a government major.

Experience

Trial

Won a “record-setting” $293M verdict for Monster Energy Company against rival beverage company Vital Pharmaceuticals, Inc. in a false advertising, tortious interference, and trade secret case after a monthlong trial. The jury found Vital Pharmaceuticals Inc. and its CEO falsely advertised the “super creatine” ingredient of its billion-dollar Bang energy drink. The verdict is believed to be one of the largest, if not the largest, Lanham Act awards ever. (See “Monster Energy wins $293 mln false-advertising verdict against rival Bang,” Reuters; “Monster Wins $293M Verdict Against VPX In False Ad Trial,” Law360; “Monster Energy Wins $293 Million False Ad Award Over Bang,” Bloomberg Law).

Won a complete arbitration trial victory on all claims and counterclaims for a prominent Napa winery and its majority owner against the winery’s founder, former CEO, and minority owner in a case alleging fraud, breach of fiduciary duty, and other claims. The award included more than $5 million in damages, fees and costs, in addition to an extraordinary order dissociating the defendant from his role as a member of the company.

Won “the largest-ever U.S. trademark awards” (Reuters) for Monster Energy Company against rival beverage company Vital Pharmaceuticals, Inc. Following a two-week trial, the arbitrator held that VPX’s Bang Energy does not contain advertised muscle-building creatine and infringed on “Bang” trademark. In the significant ruling, the arbitrator awarded Monster and Orange Bang $175 million in damages, nearly $10 million in attorney’s fees and costs, and a 5% royalty on all future sales of Bang Energy (with over $1.5 billion in annual sales). (See “Monster asks court to enforce $175 mln award against Bang Energy maker,” Reuters; “Monster, Orange Bang Win $175M Against Rival In Arbitration,” Law360).

Secured a complete defense verdict of no infringement and invalidity representing ClearOne Inc. as lead trial counsel in the District of Delaware in a case involving design patent for beamforming microphone arrays against Shure Incorporated. (See “Jury Says Microphone Co. Shure’s Patent Invalid After Trial,” Law360; “ClearOne Beats Rival Microphone Maker’s Design Patent Claims,” Bloomberg Law).

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Prevailed as trial counsel on misappropriation of trade secrets and breach of contract claims for T-Mobile in a high-stakes three-week federal jury trial in Seattle against Huawei Devices USA. (See “The U.S. Just Charged Huawei With Stealing A T-Mobile Robot Idea,” Forbes).

Prevailed in a confidential arbitration for an information analytics company in a business dispute that included claims of breach of contract. Mr. Mishra served as trial counsel and was heavily involved in all aspects of the arbitration, including second-chairing the direct and cross-examinations of eight witnesses, preparing direct and cross-examinations, developing the closing argument presentations, and helping draft the post-arbitration briefing. He also participated in all aspects of the pretrial preparation, including assisting in preparing fact witnesses for direct examination.

Obtained complete defense judgment in a deceptive advertising arbitration brought by consumer against Peloton.  Mr. Mishra examined the corporate representative and was involved in all aspects of the arbitration.

Complex Civil Litigation

Representing Kelly Toys, maker of the top-selling toy in the US for 2023 “Squishmallows,” in a copyright infringement lawsuit against Build-A-Bear Workshop for its copycat Skoosherz product. (See “Squishmallows and Skoosherz Plush Toys Face Off in Court, The New York Times; “Plush wars? Squishmallows toy maker and Build-A-Bear sue each other over ‘copycat’ accusations,” Associated Press; “Kelly Toys Seeks Damages Over Build-a-Bear’s Alleged Copyright of ‘Squishmallows’ Product,” The Recorder).

Obtained a favorable settlement exceeding $300 million in value for Match Group against Google over its illegal monopolization and other anticompetitive behavior in the distribution of mobile apps and processing of in-app purchases. (See “Epic Games Against Google on Deck After Match Settlement,” Daily Journal; “The Match-Google antitrust settlement netted the dating app maker over $300M,” TechCrunch).

Won a motion to dismiss with prejudice for Amazon.com in a case involving false advertising, unfair competition, and negligence and in which Plaintiff demanded at least $500 million in damages.

Secured a preliminary injunction, and then a finding of contempt relating to one patent for ClearOne Inc. as plaintiff in two matters in the District of Illinois.

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Secured termination of an SEC Investigation, without an enforcement action, for a publicly traded U.S. company relating to whistleblower complaints alleging violations of the FCPA and anti-corruption laws.

Defeated preliminary injunction brought against ClearOne by competitor based on alleged patent infringement.

Represented Peloton in federal court litigation and arbitration disputes, including defeating a motion for preliminary injunction (See “NordicTrack Co. Can’t Hit Brakes On Peloton Sales In IP Suit,” Law360).

Represented the Boy Scouts of America in California state court litigation, prevailing on several dispositive motions on that organization’s behalf.

Achieved a favorable settlement for a pharmaceutical company in an insider trading securities class action before the U.S. District Court for the Central District of California involving insider trading claims brought by classes of investors in a third-party public company.

Represented the city of Santa Monica in a high-profile investigation regarding a review and assessment of allegations of unethical conduct by public officials and the efficacy of an anti-corruption municipal statute. We developed a best practices report that was ultimately submitted to the city with specific recommendations for changes to rules and procedures as well as suggested amendments to the municipal anti-corruption law.

Appellate

Prevailed at the U.S. Court of Appeals for the Ninth Circuit for Shopify Inc. in a published decision, on a matter of first impression, limiting the reach of personal jurisdiction for internet companies. (See “In ‘Novel’ Jurisdiction Issue, 9th Circuit Limits Where Consumers Can Sue E-Commerce Payment Platforms,” The Recorder).

Prevailed at the U.S. Circuit Court of Appeals for the Ninth Circuit on behalf of Bausch Health Companies in a nine-figure, cross-border trade secret and breach of contract case. Adopting our arguments, the Ninth Circuit held that the case could not proceed in the absence of Bausch’s foreign subsidiaries and that the court lacked jurisdiction over those absent entities.

Prevailed on appeal at the Federal Circuit as to the finding of contempt of preliminary injunction for ClearOne Inc.  (See “Fed. Cir. Dismisses Mic Maker’s Fight Over Injunction,” Law360)

Recognitions

  • Named to the Southern California Rising Stars list (2020-present)
  • Best Lawyers: Ones to Watch (2021-present)
  • Leaders of Influence: Minority Attorneys, Los Angeles Business Journal

Activities

Board of Directors, Public Law Center