People

Cheryl Cauley
Cheryl A. Cauley
Partner | Practice Group Chair - Trade Secrets Litigation (Firmwide) & Department Chair – Litigation (Palo Alto & San Francisco)

Overview

Cheryl Cauley is the Partner-in-Charge of the firm's Palo Alto office. Her practice is focused on complex commercial litigation, consumer class action defense, and intellectual property disputes. She has experience trying cases from inception through appeal in district and appellate courts across the country.

Cheryl has diverse experience representing technology and consumer product clients in fields such as digital storage, biotechnology, food and beverage, and beauty/cosmetics. She also engages in strategic counseling with clients to minimize the risk of litigation.

Admissions & Affiliations

  • State Bar of California
  • United States Courts of Appeals for the Second, Fourth, Fifth, Ninth, and Federal Circuits
  • United States District Courts for the Northern, Southern, and Central Districts of California

Education

  • J.D., Stanford Law School
    Associate Managing Editor, Stanford Law Review
  • M.A., Sociology, Stanford University
  • B.A., History, Stanford University
    with distinction
    Phi Beta Kappa

Experience

  • Zinger v. Bai Brands, LLC, No. 1:24-cv-03993-AS (SDNY). Represented Bai Brands in putative consumer class action alleging false advertising under New York’s GBL §§ 349 and 350, resulting in a win for Bai Brands on summary judgment.
  • Lashify v. Pro Lash, Inc. And Bella Lash Extensions, LLC, No. 2:24-cv-00016-HCN-CMR (D. Utah). Representing clients defending claims of patent infringement and unfair competition and asserting counterclaims of business libel, defamation and false advertising in a case relating to artificial eyelash products.
  • Shulman et al. v. Kaplan et al., No. 20ECV01406 (L.A. Superior). Represented plaintiffs in civil action alleging fraud, breach of contract, and tortious interference in Los Angeles Superior Court, and defended against counterclaims, resulting in a favorable jury verdict of $43 million, including punitive damages.
  • Lashify Inc. v. Urban Dollz LLC et al., No. 2:22-cv-06148-GW-AFM (C.D. Cal.). Represented clients defending claims of false advertising, trademark infringement, tortious interference and patent infringement relating to artificial eyelash products.
  • Schwartz v. Bai Brands, No. 2:19-cv-06249-SPG-RAO (C.D. Cal.). Successfully obtained summary judgment defeating claims alleging violations of the CLRA, FAL, and UCL relating to flavored water products.
  • Global Industrial Investment Limited and China Fortune Land Development v. 1955 Capital Fund I GP LLC and 1955 Capital China Fund GP LLC, ICDR arbitration and No. 4:21-cv-08924-HSG (N.D. Cal.). Achieved arbitration victory for LP client resulting in findings of breaches of fiduciary duty sufficient for monetary award and dissolution of investment funds; successfully obtained confirmation of the award in district court.
  • DXC Technology Company v. Gen Digital, Inc., No. 5:23-cv-04818-EJD (N.D. Cal.). Represented DXC in connection with a breach of contract indemnification dispute, which was successfully resolved.
  • Neutron Depot, L.L.C. v. Bankrate, Incorporated, et al. (Case No. 18-51021). Argued and obtained affirmance of dismissal in the Fifth Circuit on issues relating to Lanham Act statutory standing and damages.
  • Acorn Bay v. CamelBak Products LLC, No. 3:20-cv-05214-WHA (N.D. Cal.). Successfully resolved case for client alleging trade secret misappropriation, breach of contract, and patent infringement.
  • SunPower v. Standard Industries, et al., Santa Clara County Superior Court (Case No. 19-CV-349042). Represented former SunPower executive in litigation asserting, inter alia, trade secret misappropriation, breach of contract, and breach of the duty of loyalty.
  • Rosetta Stone v. Google Inc., No. 1:09-cv-00736-GBL-TCB (E.D. Va.). Prevailed on summary judgment for Google in AdWords trademark infringement case; the matter was satisfactorily resolved after appeal.
  • MerchDirect v. Schell, et al., No. 1:16-cv-05213 (SDNY). Represented employee and company in trademark infringement dispute; matter satisfactorily resolved.
  • Jurin v. Google Inc., No. 2:09-cv-03065-MCE-CKD (E.D. Cal.). Prevailed on summary judgment for Google in trademark infringement case relating to Google's AdWords program; also prevailed on a partial motion to dismiss on the grounds that CDA immunity applied to Google).

Awards and Community

Recognized as a "Future Star" by Benchmark Litigation, 2021 & 2022