Whitney Jones Roy

Whitney Jones Roy is a litigation partner in firm's Los Angeles office. Whitney was recognized by Law360 as a “Female Powerbroker,” recognized among the Top Women Attorneys in Los Angeles in 2020 by the Los Angeles Business Journal, and named one of the top 100 Women Lawyers in California by the Daily Journal in 2014.

Areas of Practice

Whitney has experience in all aspects of California and federal civil procedure through trial. She also defends her clients on appeal when necessary.  Whitney's cases have related to a broad spectrum of industries, including oil companies, energy, financial institutions, insurance, real estate, construction equipment, food and beverage, and retail.

Business Litigation: Whitney specializes in complex business litigation. Her experience includes representing companies in a variety of business disputes and against claims of fraud, breach of fiduciary duties, breach of contract, and unfair business practices.  She also has extensive experience with partnership disputes, corporate and partnership dissolutions, and successor liability. 

Environmental Litigation: Whitney also specializes in complex environmental litigation and related products liability litigation. Her expertise includes the Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), California Hazardous Substances Account Act (HSAA), the Resource Conservation and Recovery Act (RCRA), design defect, failure to warn, negligence, nuisance, and trespass.  Her environmental and tort litigation experience includes dozens of products liability actions in California state and federal district courts and multi-district litigation proceedings in the Southern District of New York.  She has also has experience with odor/nuisance class actions.

Proposition 65 Counseling & Litigation: Whitney counsels companies on compliance with California Prop 65 warning obligations and defends her clients when accused of failing to comply.

Activities

Whitney is the founder of Sheppard Mullin’s Los Angeles Women Lawyers Group. Whitney also served as the Office Managing Partner for the Los Angeles office of Sheppard Mullin from 2009 to 2017.  She is a member of Sheppard Mullin’s Recruiting Committee.

Whitney has served on the Board of Governors for the Association of Business Trial Lawyers since 2022.

Whitney served on the Board of Directors for the Los Angeles Regional Food Bank from 2013-2022 and served as the Chair of the Board of Directors from December 2019-December 2022. Whitney now serves on the Emeritus Council. During her service as Board Chair, Whitney received the Dennis Winston Leadership Award.

Experience

Representative Matters

Business Litigation

Ms. Roy obtained a complete defense verdict for State Compensation Insurance Fund in the matter Cumbre, Inc. et al. v. State Compensation Insurance Fund. The case was filed by several insurance brokers who asserted a variety of novel legal theories including unfair business practices, violation of due process, violation of the duty of fair procedure and breach of contract. Despite the plaintiffs’ demand of $49 million in damages, after a 6-week jury trial in state court, Ms. Roy succeeded in obtaining a complete defense verdict. Ms. Roy then successfully defended the judgment on appeal before the Fourth Appellate District of the State of California and in a subsequent federal court action that was reviewed by the Ninth Circuit Court of Appeals.

Ms. Roy obtained a $24.7 million fraud judgment for her clients in a 9-day private arbitration in the matter Bruinbilt v. Persistence Capital, et al. Ms. Roy’s clients were investors who had been defrauded by an elaborate ponzi scheme involving life insurance.

Ms. Roy also prevailed on summary judgment on behalf of client Wynn Oil Company in the Los Angeles Superior Court matter Miguel, et al v. Wynn Oil Company. The case involved allegations of fraud, breach of contract, intentional interference with economic advantage, unfair business practices, and misappropriation of trade secrets associated with a 10-year relationship between Wynn Oil and its Brazilian distributor. Ms. Roy successfully defended the judgment on appeal to the Second Appellate District of the State of California.

Environmental Litigation

Ms. Roy was counsel for Exxon Mobil Corporation in City of Merced v. Chevron U.S.A. Inc., et al., a 4½-month products liability jury trial in Merced County Superior Court. She obtained dismissal on directed verdict of punitive damages and millions of dollars in claimed compensatory damages, followed by a favorable jury verdict.

Ms. Roy was also counsel for Exxon Mobil Corporation and ExxonMobil Oil Corporation in the matter in Orange County Water District v. Unocal, et al. She handled all aspects of litigation while the matter was pending in a federal multi-district litigation court in the Southern District of New York and sat as first-chair for Exxon during the trial when the case was remanded to the Central District of California for trial and obtained a favorable settlement for her client.

Ms. Roy obtained a number of other significant victories in a series of cases regarding MTBE groundwater contamination and products liability claims pending in a federal multi-district litigation and in California courts:

• Summary judgment on all claims in City of Fresno v. Exxon Mobil Corporation, et al.
• Summary judgment on all claims in City of Merced Redevelopment Agency v. Exxon Mobil Corporation, et al.

Ms. Roy obtained summary judgment on all claims in Orange County Water District v. SABIC Innovative Plastics, et al. The case involved a claim for tens of millions of dollars in purported future damages associated with alleged groundwater contamination in Orange County asserted against approximately 40 property owners and manufacturers.

Ms. Roy obtained summary judgment in D&H v. Exxon Mobil Corporation. She argued and successfully defended the judgment on appeal before the Second Appellate District.

Honors

Dennis Winston Memorial Leadership Award recipient, Los Angeles Regional Food Bank, 2022

Recognized for Environmental Litigation, Best Lawyers, 2021-2023

LA500 Top Women Lawyers in Los Angeles, Los Angeles Business Journal, 2020

Recommended Lawyer - Environment Litigation, Legal 500, 2019-2022

Top Women Lawyers, Daily Journal, 2014

Nominee for the 2013 Los Angeles Business Journal “Women Making A Difference” Award

Ms. Roy was selected as the 1999 Champion of the University of Southern California's Hale Moot Court Honors Program and received the honor of Outstanding Oralist at Brooklyn Law School's Jerome Prince Evidence Moot Court Competition in 2000.

Articles

Corporate and Securities Law Blog

• "Frustration of Purpose – Do I Have a Defense?," March 17, 2020
• "The Impact of Coronavirus on Supply Chain" March 4, 2020

Real Estate, Land Use, and Environmental Law Blog

• "Get Your Prop 65 House in Order for the New Year," January 9, 2023
• "California’s Newly Adopted “Safe Harbor” Warning Label for Acrylamide In Foods Turns Up the Heat In Ongoing First Amendment Challenge to Proposition 65," December 13, 2022

• "Up In Smoke – CA Court of Appeal Dismisses Prop 65 Case Against Water Pipe Manufacturer Narrowly Construing The Term “Expose”," November 8, 2022
• "New Proposed Regulation Provides More Guidance and Some Relief on Prop 65 Warning Requirements for Heat Processed Foods and Acrylamide," September 8, 2020

• "Proposition 65: California Clarifies Responsibilities To Warn Amongst Manufacturers, Distributors and Retailers," January 29, 2020 
• "Under the Radar Changes to Proposition 65 – OEHHA Issues New “Guidance” For Web Purchases (Is it an Illegal 'Underground Regulation'?)," March 8, 2018
• "WARNING: Prop 65 Has Changed – If Your Product Is Sold In California Or You Do Business In California, Pay Attention," January 16, 2018 
• "Prop 65 Victory For Defendants – Defendants Are Entitled To Have Their Cases Heard In the County Where the Claim Arose," January 8, 2018 
• "Los Angeles Superior Court Issues Important Defense Verdict In Unique Proposition 65 Trial Against Brass-Polish Manufacturer," June 27, 2016
• "President Obama Signs Major Overhaul of TSCA Changing the Way The EPA Regulates Toxic Substances In Commerce," June 22, 2016

Media Mentions

Speaking Engagements

• Moderator, “Gaining Trust in the C-Suite and with the Board,”  Project GC Los Angeles, November 14, 2019
• Moderator, “Managing Cyber Risk: Teaming with Your Outside Counsel,”  Porject 20/35 Women’s In-House Counsel Leadership Institute, September 25, 2018
• Moderator, "Is Your Product Legal in California? California’s Green Chemistry Laws," 16th Annual Environmental Law Fall Symposium LACBA, November 3, 2017
• Speaker, "Woman Leaders: Lessons Learned on the Journey," Central Valley Women's Forum, March 30, 2016
• Speaker, "Women in Leadership: How to Position Yourself for a Leadership Role and What to do Once You Get There," hosted by Women Lawyers Association of Los Angeles, April 24, 2014
• Panelist, "Inspiring Stories - Paths to Leadership," hosted by the Women of Grant Thornton, June 26, 2013
• Panelist, "Women making partner: The balancing act," USC Gould School of Law, April 3, 2013

Memberships

Member, Los Angeles County Bar Association

Member, American Bar Association

Member, Women's Law Association of Los Angeles

Member, California Women Lawyers

Member, National Association of Women Lawyers

Member, Association of Business Trial Lawyers

Alumnus, Leadership California - Class of 2005

Digital Media