biography

 

Andrew W. StroudPartner
stroud@mgslaw.com
Tel: (916) 551-2590

 

 

Practice Areas

Government Litigation

Intellectual Property

Constitutional Law

Commercial Litigation

Federal Litigation

 

Andy Stroud has represented clients in numerous complex, high profile actions, including successfully defending the City of Sacramento in an action challenging the City’s Junk Gun Ordinance and the State of California in inverse condemnation actions brought by energy companies seeking over $1 billion in damages. Andy successfully represented Governor Arnold Schwarzenegger in an action challenging the content of the Governor’s state website. Andy represents both regional and national companies in commercial and business litigation, as well as large-scale fraud and tort actions. Andy is one of a handful of Sacramento attorneys with a case argued before the U.S. Supreme Court.

In addition to representing both public and private entities in complex litigation, Andy’s expertise includes litigation of 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 numerous 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 began his career with Orrick Herrington & Sutcliffe in San Francisco, working in its securities class action litigation section. 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 the top civil litigators in Sacramento. 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 the Executive Committee of the Schwartz/Levi American Inn of Court at King Hall, University of California Davis School of Law.

 

Representative Matters
  • 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.
  • Hollywood Park Land Company, LLC v. Golden State Transportation Financing Corp., defending constitutionality of tribal gaming compacts and over $900 million in associated bonds in a reverse validation action. Obtained judgment on the pleadings after trial court found action to be time-barred.  Also obtained published decision by the Third Appellate District dismissing the plaintiffs' appeal.
  • California Correctional Peace Officers' Association et al. v. Schwarzenegger, successfully defended Governor Schwarzenegger from claims that the Governor's official State website improperly contained ballot-advocacy materials. Court granted Governor's motion for judgment on the pleadings.
  • 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.   
  • Miller v. City of Sacramento, 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.”  Judgment granted in favor of City upholding ordinance in all respects.
  • 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.
  • 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.  Action was settled.
  • Yeager v. AT&T, defending cellular company in trademark infringement and right of publicity action brought by General Chuck Yeager as a result of use of General Yeager’s name in company press release.
  • 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. Action was settled.
  • 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.  Action was settled.
  • Brand v. Carl Karcher Enterprises, defended lessee in dispute with property owner after fast food restaurant was destroyed by fire.  Action settled during trial. 
  • HMA Franchise Systems Inc. v. Stoker, represented franchisor in dispute with franchisee arising from discontinuation of franchise agreement.
  • 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. 
  • Millwork Specialties International v. The Stanley Works, represented plaintiff in action alleging breach of non-disclosure agreement.
  • Grossman v. West Publishing Co., represented joint author in action against publishing company for breach of contract and accounting. 


 

Education

  • Santa Clara University (1986 J.D.)
  • Claremont Men’s College (1983 B.A.)

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