biography

Stephen Lau

Of Counsel
slau@mgslaw.com
Tel: (916) 551-2597

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Government

Broker-Dealer

Federal Litigation

Intellectual Property

Commercial Litigation

Stephen Lau has extensive experience litigating high-profile cases for both public entity and business clients.  “When clients engage our services, what they ultimately seek from us is peace of mind.  People embroiled in litigation suddenly find their reputation, assets, and livelihood all hanging in the balance.  We give our clients the comfort of knowing that their lawyers have mastered every factual and legal detail of their case, and have marshaled those details into the best advocacy possible.”

Stephen’s litigation practice is interesting and diverse.  During the Schwarzenegger administration, Stephen defended the Governor in a series of cases brought to challenge the constitutionality of Jessica's Law.  Stephen has also represented the Governor, the State of California, and various state agencies in constitutional litigation.  In addition, Stephen frequently represents national brokerage houses in litigation and arbitration.  He has tried numerous cases before FINRA arbitration panels and won decisions for Merrill Lynch, Charles Schwab, Stifel Nicolaus and/or their brokers.  Stephen’s practice also includes copyright, trademark, and right-of-publicity litigation.

In 2011, Stephen was recognized as a “Rising Star” by the Northern California edition of Super Lawyers®.

Stephen is proud to be part of Sacramento’s vibrant legal community.  He was the President of the Sacramento Chapter of the Federal Bar Association in 2010 and, in that capacity, served on the Judicial Advisory Committee for the Eastern District of California.  In 2010, the Chief Judge of the Eastern District of California appointed Stephen to a three-year term as a Lawyer Representative to the Ninth Circuit Judicial Conference.  Currently, Stephen is active in the Eastern District Historical Society and the Eastern District Conference Planning Committee.

Prior to joining the firm, Stephen served as a law clerk for the Honorable William B. Shubb, the then-Chief Judge of the Eastern District of California.  In law school, Stephen was the Senior Articles Editor for the UC Davis Law Review and a member of the Trial Practice Honors Board.  When he is not practicing law, Stephen can usually be found working on his jump shot or doing the Mikan drill.

U.C. Davis School of Law (King Hall) (2002 J.D.), Witkin Award for Legal Writing; U.C. Berkeley (1997 B.A.)

• California Correctional Peace Officers' Association  v. Schwarzenegger, 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.
• 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.
• 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.
• Proposition 83 Cases, representing Governor Arnold Schwarzenegger and the California Department of Corrections and Rehabilitation in numerous state and federal court actions challenging the constitutionality of Proposition 83 (also known as the Sexual Predator Punishment and Control Act: Jessica’s Law), which prohibits registered sex offenders from living near schools or parks where children regularly gather.
• Rey v. Madera Unified School District et al., successfully obtained (and currently defending on appeal) summary judgment in favor of county committee on school district organization sued under the California Voting Rights Act.
• Merrill Lynch cases, defending the world’s largest brokerage firm in litigation and arbitration arising from the stock market declines in 2002 and 2008.  Obtained complete awards for defense on pre-hearing motions to dismiss and/or after full evidentiary hearings.
• Perris Union High School District v. Education Audit Appeals Panel, defending state agency in mandamus action challenging the application of independent study regulations to online charter school.
• Vallejo City Unified School District v. Education Audit Appeals Panel, defended the Panel in a writ proceeding brought to challenge penalties assessed by the Panel against a school district.
  
• A.G. Edwards v. Nielsen (2010), obtained, and successfully defended on appeal, FINRA arbitration award exonerating Stifel Nicolaus branch manager from raiding and trade secret misappropriation claims and awarding him $282,000 in attorney’s fees.
• A.G. Edwards v. Slayden (2007), successfully defended Stifel Nicolaus financial advisors from former employer’s claims of unfair competition and trade secret misappropriation in FINRA arbitration.
• A.G. Edwards v. Nelson (2011), successfully obtained dismissal of all claims against Stifel Nicolaus branch manager by former employer.
• A.G. Edwards v. Lee (2011), successfully obtained dismissal of all claims against Stifel Nicolaus Managing Director by former employer.
• Brand v. Carl Karcher Enterprises, defended lessee in dispute with property owner after fast food restaurant was destroyed by fire.
• Fru-Con Construction Corporation v. SMUD, 2007 U.S. Dist. LEXIS 64017 (E.D. Cal 2007), obtained a dismissal of SMUD's counterclaims against Fru-Con Holding Company on the grounds that the company is not an alter ego of its subsidiary.
• 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.
• Ranck Oil Company, Inc. v. Concordia Resources, Inc., represented a natural gas production company in action arising from joint operation of wells.
• Sean Moorman v. Spencer Gifts, representing professional photographer in case arising from the unauthorized use of his copyrighted photograph of Willie Nelson.
• Proven Methods Seminars v. American Grants and Affordable Housing Institute, defended start-up company in action alleging copyright and trademark infringement as well as trade secret misappropriation.
• Jim Marshall and Johnny Cash v. Urban Outfitters, represented rock and roll photographer Jim Marshall and singer Johnny Cash in copyright infringement and right of publicity action brought against national retailer for unauthorized use of famous photograph taken during concert at San Quentin Prison.

Education

• UC Davis (2002 J.D.)
  
• UC Berkeley (1997 B.A.)