Stephen M. Hankins

Partner, Executive Committee Member

Stephen M. Hankins is a trial attorney concentrating in patent litigation. He also has represented employers in a wide range of labor and employment matters.

Intellectual Property

Mr. Hankins is experienced in federal and state trial and appellate courts in matters ranging from emergency injunctive relief to multi-month, complex jury trials.

Mr. Hankins has represented corporate parties in patent litigation involving:

• Electronics
• Software
• Healthcare computer systems
• Imaging systems
• Telecommunications systems

He has led defense efforts in these cases in federal courts in California and Texas. His clients include emerging industries as well established Fortune 100 companies. Recently, he has litigated issues including:

• Scope of waiver for privilege of opinion counsel
• Scope of Festo ruling
• Inequitable conduct claims
• Federal and state antitrust issues
• 11th Amendment immunities
• Joint development rights and obligations
• Related trade secret issues

Mr. Hankins is experienced in all phases of patent litigation from initial evaluation of rights and potential liabilities through complex cross-licensing settlements or judgment and appeal.

In addition to traditional patent litigation, Mr. Hankins represents corporate clients in federal copyright and trademark suits. He also is frequently asked to bring or oppose requests for emergency injunctive relief in departing employee situations where trade secrets are at risk.

Mr. Hankins has been asked to represent clients in counseling and defense of whistleblower claims by employees, trying a recent case to defense verdict in Los Angeles County Superior Court.

Labor and Employment

Mr. Hankins' labor and employment practice includes defending claims that are pending in a variety of state and federal agencies and courts as well as in binding arbitration and other ADR forums.  He recently represented an employer in a six-week jury trial in which the Los Angeles jury returned a defense verdict on whistleblower claims brought by a former employee.

Mr. Hankins' recent engagements in this area include:

• Representing a multi-national Internet content provider in claims brought by a former employee of wrongful termination and violation of California's whistleblower laws
• Representing unionized manufacturer in assortment of matters ranging from counseling on current employment relationships and workplace violence prevention strategies to concerns raised during disciplinary proceedings
• Representation of Fortune 100 company in whistleblower action pending in Los Angeles County Superior Court through trial and resulting in a defense verdict
• Representation of technology and manufacturing companies in EEOC and DFEH proceedings for claims of pregnancy, race, and sex discrimination
• Represented various companies in defending and bringing claims related to employee departures and trade secret protection
• Counseled employers on workplace violence prevention and successfully defended company in action involving employees' murder-suicide with related security company indemnity claims
• Successful binding arbitration of variety of claims including discrimination claims compelled through collective bargaining agreement as well as through traditional employment agreement arbitration provisions
• Represented employees and employers in federal and state wage claims
  

Litigation

Mr. Hankins has been a trial attorney since graduating from law school. His experience in general commercial litigation includes the following engagements in which he has served as first chair/primary counsel:

• Representing multi-national consumer and commercial glass manufacturers in product liability actions involving a variety of product lines
• Representing a national credit card company in cases involving claims of fraud and unfair representation
• Defending large companies in an array of industries in class actions claiming unfair business practices, breach of various state consumer laws, breach of contract and related business tort claims
• Defending construction claims, and prosecuting related cross-claims, for a developer of large residential developments
• Defending traditional premises cases
  

Publications

He has published articles on non-competition clause and developments in patent law.

Speeches and Presentations

Mr. Hankins is a regular presenter at the Network of Trial Law Firms and the Bar Association of San Francisco on intellectual property and departing employee/trade secret issues.

Pro Bono Activities

Mr. Hankins has worked pro bono on civil rights matters for the American Civil Liberties Union (ACLU), the Lawyers' Committee for Civil Rights of the San Francisco Bay Area, and the Earth Island Institute.

Previous Experience

Before joining Schiff Hardin, Mr. Hankins was a partner at Morgenstein & Jubelirer LLP, where he was Managing Partner from 2000 to 2004. He was an attorney with Heller Ehrman in San Francisco from 1991 to 1994.

Awards and Honors

AV Peer Review Rated, Martindale-Hubbell

Education

Professional Memberships

Intellectual Property Owners Association

Federal Bar Association
Section of Intellectual Property and Communications Law

State Bar of California
Section of Intellectual Property Law

The San Francisco Bay Area Intellectual Property American Inn of Court

Barristers Club of the Bar Association of San Francisco
Securities and Antitrust Committee
          Past Chair

Civic and Charitable Memberships

Vassar College
Board of Trustees (1995 - 2007)

San Francisco YMCA
Board of Managers (1999 - present)
          Chair (2005 - 2007)

San Francisco Friends School
Board of Trustees
          Founding Trustee, Secretary (2001 - 2007)