Steven P. Ragland

Defended against wrongful termination claims brought by senior executive. Investigated allegations, developed defenses, and successfully resolved matter at early stage.

We represented Genentech as the victim of a massive trade secret theft by its former scientists and founders of JHL Biotech, which was developing biosimilar versions of Genentech’s cancer medicines. The Keker team reported the theft to the DOJ and FBI and cooperated with the government’s investigation, which led to the indictment, guilty pleas, and prison time for JHL’s founders and top executives. On the civil side, the team won a preliminary injunction forbidding JHL from commercializing its products. This broad injunction, which rested on a finding that Genentech had a likelihood of success on its trade secret misappropriation claims, led to a settlement with JHL, in which JHL agreed to abandon development of all four of its biosimilars of Genentech’s products, destroy all related cell lines, stipulate to a permanent injunction, fully cooperate with Genentech’s investigation, and reimburse Genentech for its legal fees.

We defended Coinbase in a putative class action alleging insider trading and violations of the Commodities Exchange Act and Business & Professions Code Section 17200 in connection with the launch of a new digital currency, Bitcoin Cash. We filed a successful motion to dismiss all but one of the plaintiffs’ claims with prejudice, and the Ninth Circuit Court of Appeals reversed a trial court order denying a motion to compel arbitration of the sole remaining claim in the case and requiring the plaintiffs to individually arbitrate that claim. Following the Ninth Circuit reversal, the plaintiffs agreed to dismiss all their claims with prejudice.

We represented a biotechnology company developing a drug for a rare genetic disease in arbitration proceedings over its rights to develop its sole product under a collaboration agreement with a large pharmaceutical company. With our assistance, on the first day of the arbitration the parties reached a favorable settlement, which provided for our client’s acquisition of the life-saving drug it is developing. The FDA has now approved the drug and our client successfully conducted an IPO.

In classic David vs. Goliath litigation, we defended the founders of a digital currency startup against allegations of intellectual property theft brought by a large, international company. The litigation spanned multiple jurisdictions and involved conflicts between U.S. and foreign law. After we won an early strategic motion bringing a full stop to the plaintiffs’ California litigation, and after we filed counterclaims on behalf of our clients against the original plaintiffs in a new action in Delaware Chancery Court, the multi-jurisdiction litigation reached a confidential settlement. The company our clients founded has now raised more than $40 million in venture capital funding.

We represented Google in what Oracle claimed to be a multi-billion dollar patent and copyright war concerning the use of the Java programming language in Google’s Android platform. When Oracle bought Sun Microsystems in January 2010, it acquired Sun’s rights to Java. In August of that year, Oracle sued Google, claiming its Android mobile technology infringed Oracle patents and copyrights. We defended Google against all the patent and copyright claims, and also argued that the damage estimates were wildly inflated. Following repeated rounds of motions and briefing, the judge dismissed the bulk of Oracle’s copyright claims, and at trial the jury rendered a unanimous verdict rejecting all claims of patent infringement. Although the jury decided that Google infringed an Oracle copyright on nine out of millions of lines of source code, the case was a sweeping victory for Google, with zero damages. After an appeal by Oracle, the case returned to district court for a trial on fair use. After a two-week trial, the federal jury unanimously found that Google’s use of Oracle’s Java programming language in the Android operating system was a fair use, thereby rejecting Oracle’s claims of infringement in their entirety.

In this class action impact litigation matter, we represented inmates with mobility disabilities in the Shasta County Jail. The complaint alleged that the Shasta County Jail routinely ignored and failed to comply with the Americans with Disabilities Act (ADA), Rehabilitation Act and other federal and state laws, subjecting disabled inmates to rampant discrimination and mistreatment. As the complaint detailed, disabled inmates were routinely denied accommodations, provided inadequate accommodations, inappropriately segregated from the general population, placed in 23-hour lock down, excluded from jail programs and services, and subjected to multiple and pervasive physical access barriers throughout the facilities. After winning class certification, we obtained a sweeping settlement that mandates significant architectural and programmatic reforms, provides for ongoing monitoring, restructures and improves inmate grievance procedures, and requires to County to hire an ADA coordinator to oversee the jail’s compliance with accessibility laws for disabled inmates.

Represented company in wrongful termination lawsuit filed in federal court, alleging gender discrimination and sexual harassment. Developed defense theories and strategy that resulted in favorable out-of-court settlement.

We represented SanDisk in a massive trade secret misappropriation and corporate espionage case. SanDisk, a global leader in flash memory storage solutions, sued competitor SK Hynix for misappropriating approximately ten gigabytes of highly confidential trade secret information and using that information over the course of six years to revamp Hynix’s technology and unfairly compete with SanDisk. We obtained a sweeping preliminary injunction that barred Hynix from any further use or disclosure of stolen SanDisk information, and fought back efforts to dismiss the case, to send it to arbitration, to transfer it overseas, and to remove it from the court that granted the preliminary injunction. Following a series of courtroom victories for our client, the parties reached a confidential settlement and entered into a product supply agreement.

We obtained complete dismissal of a felony charge related to an on-the-job worker death. We were retained after a criminal complaint was filed and an arraignment date was set. We immediately engaged prosecutors and successfully postponed arraignment. Following months of discussions with the prosecutors and investigation into the incident, we convinced the government to voluntarily dismiss the case for insufficient evidence without ever proceeding to arraignment and without levying any fines or penalties whatsoever against the company.

We secured the dismissal of legal malpractice claims brought against our client, a prominent international law firm. Two Silicon Valley entrepreneurs hired our client to assist with the negotiation and sale of their technology company in exchange for cash and stock in the acquiring company. After the deal was finalized, the acquiring company's stock dropped sharply. The entrepreneurs sued our client and two of its partners. We mounted an aggressive defense that convinced opposing counsel to dismiss the case with prejudice with no payment or other concession by our clients.

We won summary judgment for Davis, Wright Tremaine and Foley & Lardner, which were targeted by the Heller Ehrman bankruptcy estate. Law-firm bankruptcy trustees had argued unfinished hourly legal work is an asset that belongs to the failed firm, citing a 1984 California that involved the breakup of the Jewel, Boxer & Elkind firm. However, a federal judge rejected the 'Jewel' doctrine, and ruled Heller Ehrman cannot claim profits earned from hourly rate matters that its former partners brought with them to new law firms. On appeal, the Ninth Circuit certified the issue to the California Supreme Court, which issued a landmark decision holding that dissolved firms do not have a property interest in future fees for unfinished work, delivering a complete victory for our clients.

We defended, and then favorably resolved a lengthy homicide investigation of a nationwide gas pipeline operator. The case stemmed from a horrifying explosion and firestorm in Northern California, and involved alleged negligence after a backhoe tore open our client's gas pipeline and laborers working nearby with blow torches caused the explosion.

We pursued John Tennison’s civil rights claim against the City and County of San Francisco and the police and prosecutor responsible for Mr. Tennison’s wrongful conviction. We had previously represented Mr. Tennison in his habeas corpus case, where we unearthed exculpatory evidence hidden by the police which proved Mr. Tennison’s innocence - including the taped confession of another man. As a result, we won an order reversing Mr. Tennison’s conviction, after which he was set free. After several years of hard-fought litigation, we settled the civil rights case for $4.6 million. According to the San Francisco Chronicle, it was the largest amount the city has ever paid to a wrongly convicted person.

We defended a high-ranking company official in one of the nation’s first criminal stock options backdating cases to go to trial. We obtained the dismissal of the majority of the charges. Our client was sentenced to 60 days imprisonment on the remaining charges.

We defended Visa USA, Inc. in one of the largest private civil antitrust matters in U.S. history. Discover sued MasterCard and Visa for alleged antitrust violations, claiming that credit card network rules affected member banks’ ability to issue American Express and Discover cards. The case settled on the eve of trial for billions less than Discover claimed. We also defended Visa in a similar action brought by American Express.