Shand S. Stephens

Shand S. Stephens

Partner
About

Shand Stephens has extensive experience handling and supervising complex litigation on a global scale.

In private practice and as chief trial counsel for an NYSE-listed international financial services corporation, Shand has tried, arbitrated and mediated major cases across the United States and supervised the strategy and handling of significant cases around the world, including litigation and arbitrations in Australia, the United Kingdom, Bermuda, the Netherlands, Chile, Brazil, Canada, Zambia and Switzerland. He has tried, arbitrated, and mediated a broad spectrum of matters, including insurance, reinsurance, securities, unfair competition, employment, fraud, brokers' errors and omissions, lawyers' errors and omissions, bad faith, contracts and lender's liability. Shand has briefed and argued appeals before the Second, Eighth, Ninth and Eleventh Circuit Courts of Appeal, New York Appellate Courts, New Jersey Appellate Courts, several California courts of appeal and the California Supreme Court.

In addition to his litigation practice, Shand has served as the outside general counsel to a large regional bank and to two charitable organizations. He has routinely participated in the review of regulatory filings, preparation of 10Qs and 10Ks and formulation of employment policies and internal audit investigations, as well as Sarbanes-Oxley compliance.

Bar admissionsCaliforniaDistrict of ColumbiaNew York

EXPERIENCE

Representative Significant Matters
  • In the past fifteen years, Shand has tried over 20 cases to verdict in five different states (Mississippi, California, Delaware, New Jersey and New York) for four of DLA Piper's top clients. These include two wage and hour class actions, the successful defense of the US$2.75 billion breach of contract arbitration brought by Larry Silverstein against the Port Authority of New York and New Jersey over Silverstein's claim that the Port Authority had breached the World Trade Center redevelopment contract, and the first Anti-Terrorism Act case against a financial institution, alleging material support for Hamas in 24 terror attacks (won on appeal) and successful verdicts against clients represented by Cravath, Swain & Moore and Wachtel, Lipton, Rosen & Katz
  • Represented plaintiff in corporate raiding case. Obtained three TRO's in 2 states and preliminary injunction after two day trial in 2011
  • Represented Port Authority of New York and New Jersey in US$2.75 billion breach of contract claim by Silverstein Properties over redevelopment of the World Trade Center. Successfully tried to arbitration panel in 2010
  • Represented defendant in alleged billion dollar offshore fraud and breach of fiduciary duty action. Successfully tried to a jury in 2009
  • Represented defendant in US$30 million overtime wage and hour class action successfully tried to a jury in 2005
  • Represented defendant in overtime class action; successfully tried to the court in 2008
  • Represented defendant in Mississippi action alleging bad faith. Successfully tried to a jury in 2005
  • Represented plaintiff in action against engineering firm alleging professional negligence and breach of contract
  • Represented defendant in disability discrimination action. Successfully tried to a jury in 2005
  • Represented British Petroleum in three wage and overtime class actions, including 24,000 class member in three different states
  • Represented defendant Aon Corporation in wage and hour class action in California
  • Represented Hudson News Corp. in two wage and hour class actions in New York
  • Represented defendant in 400 consumer fraud cases pending in Alabama
  • Represented defendant in over 100 lawsuits with 4,000 claimants alleging consumer fraud in the state of Mississippi
  • Represented defendant in US$2 billion class action RICO and fraud multi-district litigation over reinsurance captive arrangements
  • Represented defendant airline in Title VII civil rights class action
  • Represented defendant consumer business in class action in Alabama alleging fraud
  • Represented insurance underwriting defendant class action litigation alleging interest rate overcharging
  • Represented claims adjusting business in class action alleging violations of California Business & Professions Code Section 17200
  • Represented defendant mining company in class action alleging civil rights violations
  • Represented defendant consumer business in action alleging unfair competition, fraud and violations of California Business & Professions Code Section 17200
  • Represented defendant in multiple state and federal court proceedings in US$2 billion reinsurance underwriting and fraud case
  • Represented plaintiff in US$145 million reinsurance litigation
  • Represented defendant in US$60 million consumer fraud cases in the Netherlands and Switzerland
  • Represented insurance broker defendant in US$120 million factory burn down E&O case
  • Represented defendant in 300 fraud cases arising out of a US$200 million Ponzi scheme
  • Represented insurance broker defendant in US$50 million E&O case concerning crop failures due to flooding of Mississippi River
  • Represented corporate plaintiff in US$27 million NASD (now FINRA) securities fraud arbitration involving bribery and unauthorized trading in derivatives and structured notes
  • Represented corporate plaintiff in US$20 million E&O case against major accounting firm
  • Represented defendant in US$26 million reinsurance arbitration arising out of bank fraud
  • Managed defense and settlement of 1,000 legal malpractice cases arising out of financial failure of surplus lines carriers underwriting bar association E&O program
  • Represented defendant bank in lender liability case brought by numerous borrowers
  • Represented outside directors of one of the largest banks in the United States in regulatory investigation
  • Represented defendant bank in Title VII sex discrimination litigation
  • Represented underwriting agency in E&O case arising out of theft of paintings by Claude Monet and Pablo Picasso
  • Represented defendant in multi-million dollar unfair business practices case alleging failure to disclose fees
  • Represented defendant in US$300 million Ponzi scheme involving failure of equipment leasing pools
  • Represented plaintiff federal agency in US$100 million legal E&O action against former bank general counsel
  • Represented defendant in US$150 million fraud arising out of Ponzi scheme
  • Represented defendant school district and board of directors in Title VII sex discrimination case
  • Represented defendant employer in sex harassment case before California Supreme Court in what one commentator called the most important employment opinion "in a generation"
  • Represented appellant in attorneys fees case before California Supreme Court setting new precedent concerning house counsel fees recovery
  • Obtained only order of its kind from federal district court prohibiting imposition of punitive damages against underwriting defendant based on 14th Amendment
  • Represented defendant insurance company in nationwide "vanishing premium" litigation class action
  • Briefed and argued appeals in Eighth, Ninth and Eleventh Courts of Appeal. Appeared in cases in 40 states, 20 federal district courts, the California Supreme Court, California Courts of Appeal, and the Ninth, First and Eighth Circuit Courts of Appeal
Education
  • J.D., University of California, Hastings College of Law 1975
    Thurston Society
    Order of the Coif
  • B.A., Yale University 1971

Awards

  • The Legal 500 United States
    2021 - Recommended, Insurance: Advice to Insurers
    2018, 2020 - Recommended, Insurance: Advice to Insurers

Shand was selected by California Lawyer as one of its Lawyers of the Year in 1998 and was voted a Northern California Super Lawyer in 2005 by Law & Politics magazine, as well as one of the Best Lawyers in the Bay Area by Bay Area Lawyer magazine. He is listed in Who's Who in America (60th edition, 2006).

Civic and Charitable

  • Director, Russian Arts Foundation, Inc.
  • Director, Vice President and General Counsel, Kids and Cars, Inc.
  • Meadow Club

Connect

Phone

+1 212 335 4594
(Work, New York)
+1 415 615 6028
(Work, San Francisco)