Douglas Winthrop heads the firm's San Francisco and Silicon Valley offices. A former United States Supreme Court law clerk, Mr. Winthrop focuses his commercial litigation practice on business torts, contract disputes, unfair competition and intellectual property at both the trial court and appellate levels.

Mr. Winthrop has extensive experience in complex commercial litigation. He has represented numerous technology and Internet companies, as well as the United States Olympic Committee, in contract disputes, suits raising claims of misrepresentation, breach of fiduciary duty, breach of the implied covenant of good faith and fair dealing, trade secret misappropriation and other business torts, as well as copyright and trademark matters. Mr. Winthrop has represented one of the leading US mortgage insurance companies in multi-million dollar coverage litigation arising from the subprime mortgage crisis.

Mr. Winthrop was honored with the Artistic Freedom Award by the ACLU of Southern California for his and his colleagues' successful representation of artist Thomas Forsythe against claims of trademark and copyright infringement brought by Mattel, Inc. (Mattel, Inc. v. Walking Mountain Prods., 353 F.3d 792 (9th Cir. 2003)).

Mr. Winthrop served as law clerk to Associate Justice John Paul Stevens of the United States Supreme Court, 1992-1993, and to Judge Patricia M. Wald of the United States Court of Appeals for the District of Columbia Circuit, 1991-1992.

Mr. Winthrop graduated magna cum laude from the University of Minnesota Law School, where he was an Editor of the Minnesota Law Review and was awarded the Order of the Coif.

Experience

  • National mortgage insurance company in numerous, multi-million dollar matters raising misrepresentation, rescission and breach of express and implied contract claims.
  • American subsidiary of large, international semiconductor company with respect to contractual rights and obligations in supply and fulfillment agreements.
  • Technology retailer against claims of breach of hardware supply agreement.
  • Leading on-line retailer in prosecution of breach of express and implied contract terms against partner/vendor over improper competition and related conduct.
  • National mortgage insurance company in prosecution of trade secret misappropriation, breach of fiduciary duty and conversion claims against former employees and competitor.
  • National mortgage insurance company in defense of claim by vendor that insurer had wrongfully terminated contract.
  • Oakland Raiders in misrepresentation litigation related to the Raiders' return to Oakland and in appellate matters.
  • National mortgage insurance company focused on credit union market in defense of suit claiming wrongful rescission of mortgage insurance coverage.
  • Salesforce.com, Inc. in defense of breach of license claim brought by customer.
  • American subsidiary of large, international semiconductor company in indemnity dispute relating to patent litigation brought against customer.
  • American subsidiary of large, international semiconductor company in indemnity dispute and related license litigation arising from sale of fabrication facility.
  • American subsidiary of large, international semiconductor company in defense of trade secret claims.
  • Leading West Coast retailer in defense of class action claims for unfair competition and false advertising.
  • Time Inc. in defense of class action claims for unfair competition and false advertising.
  • Salesforce.com, Inc. in prosecution of false advertising and unfair competition claims against competitor.
  • On-line retailer in defense of class action claims for unfair competition and false advertising.
  • Employee of Salesforce.com, Inc. in defense of trade secret and breach of contract claims brought by competitor.

Perspectives

How Secret Must a Trade Secret Be?
Daily Journal

Recognition

Northern California Super Lawyers
(2004-2017)

Credentials

Education
  • JD, University of Minnesota Law School, 1991, magna cum laude, Order of the Coif
  • AB, Harvard University, 1986, magna cum laude
Admissions
  • California
  • District of Columbia
Clerkships
  • Supreme Court of the United States, The Honorable John Paul Stevens
  • United States Court of Appeals, District of Columbia Circuit, The Honorable Patricia M. Wald
Activities
  • State Bar of California

  • Bar Association of the District of Columbia

  • Bar Association of San Francisco

  • American Bar Association

  • Secretary, The John Paul Stevens Fellowship Foundation

  • Board of Directors, Assistant Treasurer, Jewish Family & Children's Services of San Francisco

Overview

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