General Litigation Winner: O'Melveny & Myers
O'Melveny & Myers once again proved its mettle as a litigation machine in 2018, as the firm scored clean wins for top-billing clients in cases…
May 30, 2019 at 11:59 PM
4 minute read
O'Melveny & Myers once again proved its mettle as a litigation machine in 2018, as the firm scored clean wins for top-billing clients in cases that could shape the business industry.
One of those victories came through the firm's representation of AT&T Inc. and Time Warner, who became mired in a major legal battle with the federal government in November 2017, when the Justice Department brought a historic challenge to their $85 billion merger. It was the first time the government had sought to block a vertical merger in decades, and many had questioned whether President Donald Trump's well-documented dislike for CNN, Time Warner's signature news brand, had motivated the lawsuit.
But the two companies brought on O'Melveny partner Daniel Petrocelli to lead the pack of lawyers and firms defending the deal in a grueling six-week trial in Washington. "I learned a long time ago to put blinders on, and to stay focused," Petrocelli said, describing the legal issues in the case as "straightforward." That was a lesson that proved crucial to O'Melveny's big win. U.S. District Judge Richard Leon cleared the merger in June 2018, and the D.C. Circuit later affirmed the ruling, blessing a deal that's reshaped the media industry.
But O'Melveny notched another big win last year, this time for client Samsung Electronics, as it fought allegations in years of intense multidistrict litigation that it was involved in a conspiracy to fix prices for optical disk drives. Partner Ian Simmons, who co-chairs the firm's antitrust and competition practice, led the team that represented the electronics conglomerate and said his team of partners and associates "outworked and out-thought" the opposition to achieve dismissal in the case. "The theory is they colluded to have x be the result. Let's see if X actually happened," Simmons said of the firm's central argument in the case. "That's what we did. We showed the judge, we didn't just tell him."
Even while other disk-making companies involved in the case had previously settled for tens of millions of dollars and agreed to guilty pleas with the Justice Department, U.S. District Judge Richard Seeborg of the Northern District of California, agreed to dismiss the claims against Samsung Electronics. In the end, O'Melveny helped Samsung fend off antitrust claims seeking $1 billion in actual damages and $3 billion in treble damages.
Simmons said the case highlighted the importance of facts, good lawyering, and a fair-minded judge. In August 2018, Samsung and Toshiba, another defendant in the case, agreed to pay $25 million to end the allegations against them, and compensate the class of indirect purchasers suing them and cover their legal costs and fees.
Firm Facts:
Name of Firm | O'Melveny & Myers |
Founded | 1885 |
Total number of attorneys | 705 |
Litigators as percentage of firm | 68% |
Litigators as percentage in D.C. | 95% |
Litigation partners firmwide | 126 |
Litigation associates firmwide | 316 |
D.C. litigation partners | 24 |
D.C. litigation associates | 49 |
Keys to Success: "Avoid distractions and any external influences in your case, and keep your eye on the prize, look straight ahead and stay focused for your client." — Daniel Petrocelli
"Clients can often be stigmatized; great lawyers are able to overcome bad optics." — Ian Simmons
Ellis Kim, based in Washington, D.C., covers the federal judiciary, D.C. courts and national litigation trends. Follow her weekly newsletter, Trump Watch. Contact her at [email protected], or on Twitter: @elliskkim.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllHolland & Knight, Akin, Crowell, Barnes and Day Pitney Add to DC Practices
3 minute readFrom ‘Deep Sadness’ to Little Concern, Gaetz’s Nomination Draws Sharp Reaction From Lawyers
7 minute readChicago Midsize Firm Will Combine With Miami Boutique To Form Antitrust Powerhouse
3 minute readTrending Stories
- 1Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 2Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 3Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 4Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
- 5'It Refreshes Me': King & Spalding Privacy Leader Doubles as Equestrian Champ
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250