biography

Government Litigation

Intellectual Property

Constitutional Law

Commercial Litigation

Federal Litigation

Andy Stroud has served as outside litigation counsel for three California Governors: Governor Gray Davis, Governor Arnold Schwarzenegger and Governor Jerry Brown.  As litigation counsel, Andy has represented the State in many complex and high profile actions.  Andy successfully represented Governor Davis in 80 coordinated inverse condemnation actions brought by energy companies seeking over $1 billion in damages from the State.  Andy successfully represented Governor Schwarzenegger in an action challenging the content of the Governor’s state website.  Andy currently represents Governor Brown in actions related to the proposed sale of 11 state buildings for $2.3 billion.  Andy also successfully defended the State in an action challenging the validity of $900 million of tribal gaming bonds.  In 2010, Andy was trial counsel for the Schwarzenegger Administration in the historic action, Perry v. Schwarzenegger, which challenged California’s Proposition 8.  Andy represents both regional and national companies in commercial and business litigation as well.

Andy also has significant expertise in litigating intellectual property claims for copyright and trademark infringement, misappropriation of trade secrets, and unfair competition.  Andy’s clients include Jim Marshall, the “Godfather” of rock n’ roll photography, as well as many other rock photographers.  Andy has lectured on copyright law at University of California, Boalt Hall, as well as at the University of the Pacific’s McGeorge School of Law. Andy presently serves on the Executive Committee for the Intellectual Property Section of the State Bar of California.

Andy began his career with Orrick Herrington & Sutcliffe in San Francisco in 1986.  In 1990, Andy transferred to Orrick’s Sacramento office.  In 1997, Andy left Orrick to establish Mennemeier, Glassman & Stroud.

Andy is recognized as one of Sacramento’s top civil litigators.  In 2011, he was selected for inclusion in the Northern California edition of Super Lawyers®.  Andy has also received an "AV Rating" from Martindale-Hubbell.  He was appointed by the Eastern District of California to serve as a Ninth Circuit Judicial Conference Lawyer Representative and serves on numerous professional committees, including serving as Chair of Operation Protect & Defend, a program designed to educate high school students about civil rights and civic responsibilities.

Andy’s wife Shelley is a lecturer in English at California State University Sacramento, and they have two college-age sons.

• California Medical Association v. Genest, 193 Cal. App. 4th 1449 (2011), successfully represented Director of California Department of Finance in action challenging general fund borrowing from California Medical Board’s special fund.
• Epstein v. Superior Court, 193 Cal. App. 4th 1405 (2011), successfully obtained dismissal of writ action challenging $2.3 billion sale of state buildings.
• Hollywood Park Land Company, LLC v. Golden State Transportation Financing Corp., 178 Cal. App. 4th 924 (2009), successfully upheld validity of gaming compacts and over $900 million in associated tribal bonds. Obtained judgment on the pleadings, which was affirmed on appeal.
• Perry v. Schwarzenegger, 702 F. Supp. 2d 921 (2010), represented the Schwarzenegger Administration in action challenging constitutionality of Proposition 8, which banned same sex marriage in California.
• American Insurance Association v. Garamendi, defended California’s Insurance Commissioner in actions brought by international insurance companies challenging constitutionality of California’s Holocaust Victims’ Insurance Relief Act.  Summary judgment in favor of State of California overturned by United States Supreme Court in 5-4 decision.   
• In re Inverse Condemnation Cases, successfully defended the State of California in inverse condemnation actions filed by national energy companies seeking damages of over $1 billion after Governor Davis commandeered energy contracts during California's 2001 energy crisis.  Summary judgment granted in favor of State.
• California Correctional Peace Officers' Association et al. v. Schwarzenegger, successfully defended Governor Schwarzenegger from claims that the Governor's official State Web site improperly contained ballot advocacy materials. Court granted Governor's motion for judgment on the pleadings.
• Miller v. City of Sacramento, successfully defended the City of Sacramento in an action brought by National Rifle Association and California Rifle and Pistol Association challenging constitutionality of City ordinance banning sale of “junk guns.”
• Hallfeldt v. City of Folsom, defended City of Folsom in challenge to Housing Element of City’s General Plan.  Case concluded with stipulated settlement designed to insure development of significant affordable housing opportunities while preserving City control over future development.
• Winston Mar v. Newport Seashore Trust, represented receiver of winery in action before Trademark Trial and Appeal Board over cancellation and re-registration of winery’s trade name.
• Jim Marshall and Johnny Cash v. Urban Outfitters, represented rock and roll photographer Jim Marshall and singer Johnny Cash in copyright infringement and right to publicity action brought against national retailer for unauthorized use of famous photograph taken during concert at San Quentin Prison. 
• Taylor v. Hilton Hotels, Inc., represented nationally recognized artist in action under Visual Artists Rights Act arising from destruction of mural in San Francisco Hilton.
• FunCat Leisure Craft v. Johnson Outdoors Inc., represented plaintiff in misappropriation of  trade secrets, trade dress infringement and unfair competition claim against national outdoor recreation company. 
• Grossman v. West Publishing Co., represented joint author in action against publishing company for breach of contract and accounting. 
• Proven Methods Seminars v. American Grants and Affordable Housing Institute, defending start up company in action alleging copyright and trademark infringement as well as trade secret misappropriation. 
• Harley Davidson Motor Co. v. Wintune Graphics, represented manufacturer in breach of contract claim against parts supplier. 
• Victor v. Alizadeh, represented bankruptcy trustee in action against two general partners of bankrupt real estate development company. Obtained $3 million judgment against each partner.
• Domino’s Pizza v. McAllister, represented franchisor in breach of contract and trademark misappropriation action against franchisee.

• Ranck Oil Company, Inc. v. Concordia Resources, Inc., represented a natural gas production company in action arising from joint operation of wells.
• Brand v. Carl Karcher Enterprises, defended lessee in dispute with property owner after fast food restaurant was destroyed by fire.  
• HMA Franchise Systems Inc. v. Stoker, represented franchisor in dispute with franchisee arising from discontinuation of franchise agreement.
• Harley Davidson Motor Co. v. Wintune Graphics, represented manufacturer in breach of contract claim against parts supplier.
• Millwork Specialties International v. The Stanley Works, represented plaintiff in action alleging breach of non-disclosure agreement.