People

Sterling Marchand
Sterling Marchand
Partner | Department Chair - Litigation (Washington D.C.)

Overview

Sterling Marchand is the chair of the D.C. Litigation Department, and is an experienced trial attorney. His practice focuses on complex litigation, including environmental and commercial matters, as well as corporate investigations and white-collar criminal defense. Mr. Marchand's clients include public utilities and companies in the downstream oil and gas, natural gas distribution, and electric sectors.

Mr. Marchand represents corporate and individual clients at trial in state and federal courts in matters involving contractual disputes, as well as the Clean Air Act and issues related to climate change, including defenses against claims of common law torts, failure to warn, and consumer protection act violations related to greenhouse gas emissions, as well as allegations of greenwashing. Mr. Marchand's experience spans all aspects of complex litigation, from advising clients before a lawsuit is filed, through managing complex fact and expert discovery, dispositive motions, and serving as lead counsel in bench and jury trials.

Mr. Marchand also counsels corporate clients in state and federal investigations by government agencies, in both criminal and civil contexts, including consumer fraud, FCPA, and antitrust investigations. He also assists in conducting internal investigations and advising clients on risk management and compliance.

Additionally, Mr. Marchand guides clients on federal and state political and election law, including campaign finance, ethics, and lobbying compliance. He has assisted corporate clients with investigations by the FEC and in establishing and administering a PAC.

Prior to joining Baker Botts, Mr. Marchand served as a policy advisor to the U.S. House Committee on Homeland Security. In that capacity, he worked with members of Congress, advising them on legislation and oversight of the Department of Homeland Security. Mr. Marchand was responsible for matters pertaining to critical infrastructure protection for a number of sectors, including energy, chemical facilities, transportation, commercial facilities, and telecommunications.

Admissions & Affiliations

  • District of Columbia Bar
  • State Bar of California
  • Virginia State Bar
  • United States Courts of Appeals for the First, Third and Fourth Circuits
  • United States Court of Appeals for the District of Columbia Circuit
  • United States Bankruptcy Court for the District of Columbia
  • United States District Court for the District of Columbia
  • United States District Court for the Eastern District of Virginia
  • United States District Court for the Eastern District of Michigan

Education

  • J.D., George Washington University Law School 2010
    with honors
    Managing Editor, The George Washington International Law Review
  • B.A., History & Political Science, University of California at Berkeley 2003

Experience

Commercial & Environmental Litigation

  • Public electric and gas utility – Defense of one of the largest energy holding companies in suit by local government alleging tort-based causes of action arising from climate change
  • Energy and Petrochemical companies – Defense of four energy companies in multiple climate change suits nationwide brought by states and local governments alleging tort-based and consumer fraud causes of action arising from impacts of climate change
  • Fortune 500 medical supply company – Defense against class action alleging violations of Lanham Act and state consumer protection act, tortious interference, and defamation, and related crossclaims
  • Shulman v. Kaplan – Represented plaintiffs in civil action alleging eight counts of 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
  • Satellite communications company – Defense against $30 million civil action alleging breach of contract and tortious interference in Fairfax Circuit Court, Virginia, resulting in a favorable take nothing jury verdict
  • Irizarry v. Orlando Utilities Comm’n et. al – Defense against class action alleging discharge of coal ash pollution and claims of inverse condemnation
  • Avista v. Washington Dept. of Ecology – Represented local natural gas distribution companies in case challenging Washington Department of Ecology's authority to engage in multi-sector climate regulation
  • Electric generating company – Defense of challenge to air permit for new liquified natural gas facility before state environmental hearing board
  • Association of oil and gas companies – Represented regional oil and gas association in cases challenging California's authority to mandate electric vehicles and trucks
  • International chemical manufacturer – Defense against environmental citizen suit claims brought under the Clean Water Act
  • Sierra Club et al. v. PPL Montana LLC et al. – Defense of six co-owners of the Colstrip power plant against citizen suit New Source Review claims brought under the Clean Air Act
  • Entergy Gulf States Louisiana, LLC, et. al., v. EPA – Represented electric utilities in action to stop production of confidential business information to environmental group pursuant to the Freedom of Information Act
  • United States v. Louisiana Generating LLC – Defense of power producer against government enforcement action under the Clean Air Act
  • New Jersey v. RRI Energy Mid-Atlantic Holdings – Defense of power producers against citizen suit New Source Review claims brought under the Clean Air Act
  • Freeman v. Grain Processing Corporation – Defense of corn processing facility against class action toxic tort and contaminated property damage claims
  • Auto Parts Manufacturer – Defended Japanese auto parts manufacturer and various wholly-owned subsidiaries in multiple class actions in multi-district litigation against allegations of price fixing in violation of the Sherman Act, the Clayton Act and various state statutes

Criminal Defense & Corporate Investigations

  • Fortune 500 medical supply company – Defense against criminal investigation by U.S. Attorney's Office relating to sales of restricted pharmaceutical products and related practices
  • Fortune 500 global technology company – Conducted internal investigations of payment irregularities (including bribes, kickbacks, financial misappropriation and bidding improprieties) in Latin America and Europe
  • Global telecommunications company – Conducted internal investigation of alleged regulatory violations in the U.S. and Europe
  • Public local education agency – Conducted internal investigations and defense against criminal investigation by U.S. Attorney's Office related to criminal violations of the Asbestos Hazard Emergency Response Act
  • U.S. chemical company – Conducted internal investigation and review of corporate compliance in response to whistleblower allegations of mishandling of waste and violations of the Resource Conservation and Recovery Act
  • Social services non-profit – Conducted internal investigation and review of corporate compliance for federal government contractor
  • International real estate company – Conducted internal investigations into potential FCPA violations in Brazil
  • International oil company – Conducted internal investigations into potential FCPA violations in Brazil
  • Auto Parts Manufacturer – Counsel for Japanese auto parts manufacturer and its North American subsidiary in simultaneous criminal investigations conducted by the Department of Justice, the Japanese Fair Trade Commission, the Canadian Competition Bureau, and other jurisdictions into alleged bid rigging, price fixing, and other anticompetitive conduct
  • Foreign exchange traders – Defended individual foreign exchange traders against allegations of price fixing and other anticompetitive conduct in the U.S. and Brazil

Corporate Political Activity & Government Ethics

  • Public ridesharing company – Advice regarding compliance with federal and state election laws
  • U.S. trade association – Multiple matters, including investigations by the FEC, advice regarding PAC governance, and compliance with the Federal Election Campaign Act, and Congressional and Executive Branch ethics rules
  • Independent electric transmission company – Provide advice regarding compliance with federal and state campaign finance, lobbying, and ethics rules
  • Multinational professional services company – Provide advice regarding policies regarding corporate political activity and lobbying, and compliance with federal law
  • Public and private companies – Advice regarding corporate political activity, including compliance with Honest Leadership and Open Government Act of 2007, Lobbying Disclosure Act, and the Foreign Agents Registration Act (FARA)



Awards and Community

Recognized as a Washington D.C. Super Lawyer-Rising Star, 2015, 2016, 2017, 2018, 2019, & 2020