Sourabh Mishra focuses his practice on complex commercial litigation, intellectual property litigation, white collar criminal defense, and investigations. As a partner at Hueston Hennigan, Mr. Mishra represents individuals and companies in complex commercial litigation matters across a wide array of industries, including medical devices, information analytics, food and beverage, telecommunications, biopharmaceuticals, and technology hardware and equipment. His notable clients have included Amazon, Shopify, Monster Energy, Bausch Health, Amgen, Peloton, the city of Santa Monica, CoreLogic and T-Mobile. He also regularly represents individuals and corporations in connection with complex and sensitive internal investigations and governmental inquiries.
Mr. Mishra has served as a key member of multiple high-profile trial teams, including one that recently secured a record-setting $293 million verdict for Monster Energy Company against rival beverage company Vital Pharmaceuticals in a false advertising, tortious interference, and trade secret case. After a month-long trial, the jury found Vital Pharmaceuticals and its CEO falsely advertised the “super creatine” ingredient of its billion-dollar Bang energy drink. The verdict is believed to be the largest-ever Lanham Act award. As lead trial counsel, he also secured a complete defense verdict of no infringement and invalidity on behalf of ClearOne in a case involving a design patent for beamforming microphone arrays against Shure Incorporated in the District of Delaware.
Additionally, Mr. Mishra secured what Reuters described as “among the largest-ever U.S. trademark awards” for Monster against Vital Pharmaceuticals in 2021. Following a two-week arbitration hearing, the arbitrator held that Vital Pharmaceutical’s Bang Energy does not contain advertised muscle-building creatine and infringed on the “Bang” trademark. In the significant ruling, the arbitrator awarded Monster and Orange Bang $175 million in damages, nearly $10 million in attorneys’ fees and costs, and a 5 percent royalty on all future sales of Bang Energy (with over $1.5 billion in annual sales). Mr. Mishra has also prevailed in two other arbitrations, one as claimant and one as respondent.
Mr. Mishra is handling multiple ongoing high-profile cases, including representing Kelly Toys, creator of “Squishmallows,” the 2023 top-selling toy in the U.S., in a trade dress and copyright infringement lawsuit against Build-A-Bear Workshop for its copycat Skoosherz product.
Mr. Mishra serves on the board of directors for Public Law Center. Among other accolades, he’s been recognized by the Los Angeles Business Journal as one of its Leaders of Influence: Minority Attorneys.
Updated July 2024
