We are an IP Litigation powerhouse for technology, life sciences and health technology in patents and trade secrets litigation with unparalleled trial success at all levels at each forum and venue. Our approach integrates our patent, trade secrets, trademark, and copyright practices to provide businesses with comprehensive intellectual property protections. Our litigation expertise and experience gives us an edge in advising our clients on the likely outcomes of litigation, including in the context of corporate acquisitions and portfolio management. Our approach, which supports “small firm” key partner attention with the “large firm” resources ensures our clients receive effective and efficient representation at every stage of the case. We are committed to helping clients structure the most comprehensive and workable safeguards for all aspects of their intellectual property.
Bench and Jury Trials at the U.S. District Courts:
We have litigated and counseled on patent and trade secrets issues across a wide range of industries, including software, hardware, electronics, chemical processes, telecommunications, consumer goods, manufacturing, sales, financial services, and pharmaceuticals.
We are also experts in 101 invalidity challenges with a near-perfect record in district court and the Federal Circuit, pursuing and obtaining attorneys’ fees, and obtaining wins in Federal Circuit appeals.
We are experts in the nuances of Hatch-Waxman Act and biosimilars patent litigation under the Biologics Price Competition and Innovation Act, and the related FDA regulatory regime in which these cases operate.
We have handled over 400 post-grant proceedings before the U.S. Patent Trial and Appeal Board, on behalf of both petitioners and patent owners.
ITC Section 337 Investigations
We represent both complainants and respondents, and have been at the forefront of recent cutting-edge decisions at the ITC. We have served as counsel in more than 60 Section 337 Investigations, and have appeared before each of the Presiding Administrative Law Judges (ALJs).
We have multiple and successful experiences before Customs in ensuring our clients’ products are not excluded from the United States.
Supreme Court and Appellate Reviews
We have top-notch appellate capabilities and can handle an IP litigation matter from start to finish. Our lawyers are skilled in the art of written and oral advocacy, as well as in simplifying technical arguments for generalist Federal Circuit judges.
We devote our practice to the craft of conceiving and presenting argument on complex, law-intensive issues, bringing to bear our many years of experience in areas of law that cut across traditional legal disciplines, such as constitutional interpretation, damages, procedure, and jurisdiction.
We represent clients in all aspects of litigation related to arbitration, including bringing and defending motions to compel arbitration, obtaining and opposing interim and protective measures in aid of arbitration, seeking and opposing recognition of arbitral awards, seeking and opposing the annulment of arbitral awards, and disputes over the taking of evidence in the US in aid of internal arbitrations and foreign litigation.
We regularly draft, advise, and teach courses on the drafting and interpretation of arbitration and forum-selection agreements in circumstances ranging from simple two-party deals to complex commercial transactions involving multiple parties, jurisdictions, and applicable laws. We recognize that each matter is unique and strive to meet our client’s objectives in the most cost-effective manner.
Sophisticated clients worldwide entrust us with their formidable disputes for a single reason–our remarkable track record. Clients seek our advice on high-stakes litigation, cross-border disputes, as well as government and internal investigations in the America, Europe and Asia.
Bankruptcy:Our comprehensive practice covers all aspects of bankruptcy-related litigation–from disputes over plan confirmation to tender liability and equitable subordination claims to issues arising out of insurance disputes and mass tort-related bankruptcies.
Antitrust and Competition:Recipient of The American Lawyer’s Antitrust Department of the Year, companies across every major industry rely on our premier practice for every aspect of their global antitrust and competition needs.
ERISA Litigation: Clients benefit from our coordinated advice in closely aligned areas, including securities, bankruptcy, and government investigations, and our ability to present arguments and evidence in the manner best suited to advance business interests and resolve conflicts with minimal disruption to their operations.
False Advertising Litigation: Companies in a broad range of fields, including pharmaceuticals, financial services, consumer products and food and beverage, turn to us for our significant experience in false advertising litigation, including disputes between competitors and consumer class actions.
Government and Internal Investigations:Government and internal investigations can be a highly sensitive, time-consuming ordeal for any company. Large and small companies and their boards, audit and special committees, officers and directors, and other individuals regularly turn to us for advice on a wide range of criminal, regulatory, congressional and other sensitive government inquiries and internal investigations.
Insurance and Reinsurance:Clients benefit from our experience as the leading firm representing the interests of both ceding companies and reinsurers in litigations and arbitrations throughout the United States, the United Kingdom and Bermuda. Major insurance groups, including Travelers, AIG, Berkshire Hathaway, Swiss Re, Lloyd’s of London and CNA have trusted us on their most significant matters.
Intellectual Property:Understanding and protecting IP is crucial to the long-term success of many businesses. Clients seek our advice in high-stakes, “make it or break it” disputes and rely on our broad array of substantive experience in both litigation and transactional matters to help them protect their interests.
International Arbitration:Multinational corporations across the globe rely on our International Arbitration Practice for high-stakes matters when their business reputation or commercial relationships are at risk. We have a track record of success in taking cases through trial and final awards in major international arbitration venues such as Paris, London, Geneva, The Hague, Singapore, New York and Washington, D.C.
International Regulatory and Compliance: With increased activism and cross- border cooperation between enforcement and regulatory agencies, we represent the interests of clients operating in multiple jurisdictions and have advised on issues in China, India, Eastern Europe, the Middle East, Latin America and Africa. The clients we represent are involved in numerous sectors, including financial services and asset management, telecommunications, energy, mining, manufacturing, technology and healthcare.
Law Firm Practice: For several decades, the nation’s top law firms and attorneys have turned to us for their most sensitive matters—when there is risk of reputational damage as a result of claims against the firm or the financial risks are significant. Clients rely on us to obtain favorable results and know us as the “lawyers’ lawyers.”
Mergers and Acquisitions Litigation: Clients seek our market-leading advice in all aspects of M&A litigation—where we excel at defending challenges to the largest and most complex mergers and acquisitions. They appreciate our extensive experience defeating efforts to enjoin transactions prior to closing; resolving claims through reasonable settlements pre-closing; and litigating claims for damages post-closing.
Privacy and Cybersecurity:Our multidisciplinary Privacy and Cybersecurity team advises global companies facing heightened regulatory, contractual and consumer obligations surrounding the management of data.
Product Liability and Mass Tort:Since the 1970s, clients have relied on our advice as a leader in the development of product liability and mass tort law in the United States. We have taken countless product liability and mass tort cases to jury trial in state and federal courts over the years, amassing invaluable courtroom experience.
Securities:For decades, clients have relied on our securities litigators in the most complex, high-profile, high-stakes securities matters of the day. The country’s most respected Fortune 500 corporations and financial institutions turn to us to help defend against headline-making allegations.
Whistleblower and False Claims Act:Companies and their boards have relied on us to respond to allegations by whistleblowers and to help them devise and implement corporate whistleblower policies. Clients seek our counsel on whistleblower matters in a broad range of sectors—including defense, healthcare, technology and financial services.
With a deep bench of veteran litigators, Richards Kibbe & Orbe is one of the nation’s premier practices for clients facing unusually challenging, highstakes legal disputes. For the last 30 years, we have been at the forefront of emerging legal issues and investment activities, helping our clients achieve their most important goals. As previously reported to Benchmark Litigation, “Richards Kibbe should have been on your list a long time ago. They have excellent people, and litigation is a specialty.”
The sophistication, intelligence and intensity that made RK&O a global leader in complex financial transactions and compliance issues have also driven our success in representing institutional clients and individuals confronting government investigations, securities law violations and business disputes. With a long record of achieving positive outcomes for clients, the financial and business community trusts RK&O to navigate the most difficult legal issues while maintaining a commitment to absolute discretion.
RK&O represents some of the world’s largest investment banks, financial institutions, public corporations and hedge funds – including seven of the top 10 global investment banks, six of the 10 largest private equity funds, and 30 of the top 100 hedge funds by assets under management. In addition to representing financial institutions and corporate leaders in complex business transactions and disputes, RK&O works on behalf of institutions, executives and corporate board members facing government investigations, white collar litigation and other high-stakes legal issues.
Before joining RK&O, our partners gained experience leading financial institutions and public companies or working at the Securities and Exchange Commission, Department of Justice and other government agencies. As a result, our attorneys have been involved in every aspect of corporate law, civil litigation and government investigations, making them uniquely qualified to navigate the most difficult issues facing the financial industry and business leaders.
The proof of our success lies not only in the institutions and individuals we represent, but in the fact that many clients turn to RK&O time and time again when facing complex legal situations. No other mid-sized firm has RK&O’s experience, reputation and caliber of clients. Our attorneys are recognized as being among the most qualified legal practitioners in the financial services sector, both in the US and around the globe.
It’s more than what you do: it’s how you do it. At O’Melveny, we measure our success by our ability to help our clients and communities succeed. And as lawyers who prioritize service, we aim to make the experience of working with us as satisfying as the outcomes we achieve. Across sectors and borders, in boardrooms and courtrooms, our team brings dedication, depth, and creativity to every endeavor.
O’Melveny’s reputation as a litigation powerhouse is built on a long record of delivering successful—and often groundbreaking—results in high-impact cases. Exemplifying what Benchmark Litigation calls O’Melveny’s “commanding presence on the world stage,” our lawyers litigate cases in all 50 states, every federal circuit, the US Supreme Court, and major venues across Asia and Europe. And we achieve favorable outcomes at every stage of litigation: positive trial verdicts, case-dispositive legal rulings, landmark appellate victories, and liability-erasing settlements.
A few of our recent achievements and engagements:
• Advanced Micro Devices. Secured dismissal of two related class actions arising from an alleged security vulnerability that affects nearly all computer microprocessors.
• AT&T–Time Warner. Successfully defended the companies’ landmark US$85.4 billion merger against the US Department of Justice in the “antitrust trial of the century.”
• Chevron Corp. Defeated an ERISA class action filed on behalf of current and former participants in Chevron’s 401(k) plan—one of several suits O’Melveny has defended targeting the management of employee retirement plans.
• China Agritech, Inc. Scored an important win for class-action defendants when the US Supreme Court unanimously ruled that statutes of limitations cannot be extended to permit follow-on class actions.
• Century Indemnity Co. Persuaded the New York Court of Appeals to adopt a methodology for allocating insurance coverage favoring insurers, a far-reaching victory that limits what costs are recoverable—and who bears responsibility for them—when insurance is “unavailable” in the market.
• Colgate-Palmolive Co. Representing Colgate subsidiary Hill’s Pet Nutrition in more than 21 putative class actions arising from Hill’s voluntary recall of certain pet foods that, due to a supplier error, contained potentially elevated levels of vitamin D—an otherwise essential nutrient.
• Government of Puerto Rico. Guiding the Commonwealth of Puerto Rico through the restructuring of more than US$70 billion in public-sector debt and US$50 billion of pension obligations—the most closely watched and largest restructuring in recent years.
• Harvard University. Achieved a summary judgment victory in a widely covered Title IX case involving allegations of campus sexual assault.
• Johnson & Johnson. Won a complete defense verdict in the first bellwether trial in a California Coordinated Proceeding involving the antipsychotic medication Risperdal and complete dismissal of an opioid lawsuit in Connecticut—one of some 2,000 such cases O’Melveny is defending for J&J in landmark litigation across the country.
• Pacific Gas & Electric. California Governor Gavin Newsom hired O’Melveny to work with his team to develop a comprehensive legal, legislative and regulatory approach to the issues facing California’s electric utilities and to provide strategic advice in connection with the PG&E bankruptcy.
• Samsung. Defeated antitrust claims seeking treble damages of more than US$3 billion in multidistrict litigation alleging the company conspired to fix prices of optical disk drives, a key component for reading and writing data on CDs, DVDs, and Blu-ray Discs.
• University of Southern California. Represented the board of trustees in an internal investigation and corporate governance matters related to the university’s knowledge of and response to alleged misconduct by a physician at the student health center.
• United Airlines. Secured two major summary judgment wins for United confirming that California labor-and-employment law does not apply to individuals who work primarily outside the State’s borders.
• Warner Bros. Successfully defended the renowned studio in well-publicized copyright disputes over The Conjuring franchise, including a US$900 million claim by an author who alleged six movies from the franchise infringed his book.
Our capabilities don’t stop there. As we detail on www.omm.com, O’Melveny has the depth and reach to cover specialties as diverse as Automated Vehicles, Fintech, Life Sciences and Water. We also handle:
Antitrust: Keen observers of the regulatory and political environment, whether extricating clients from legal challenges early and efficiently or achieving groundbreaking results in high-exposure cases.
Appellate: A renowned team of US Supreme Court specialists, having briefed the Justices and argued scores of cases over the past two decades.
Consumer Class Actions and Product Liability: Unparalleled experience working with a wide range of businesses facing class actions and other aggregated litigation to advance their goals and protect their interests.
Data Security and Privacy: Proven leaders in the public sector, including former senior officials from DHS, DOJ, US Attorney’s Offices, and the White House, ready to help clients respond to rapidly evolving risks and requirements.
Entertainment, Sports and Media: Recognized as key players in some of largest victories in the industry, spanning film, television, sports, music, production, and distribution.
Financial Services: Essential industry knowledge and experience to help clients navigate the challenges posed in a climate of intense regulatory scrutiny and increasing litigation.
Insurance: Seasoned advocates in the most challenging coverage and reinsurance cases, including mass tort and environmental actions.
Intellectual Property and Technology: Bringing an in-depth understanding of industry niches and specialized technical and scientific backgrounds to help companies enforce and defend their IP rights.
Labor and Employment: Equipped to confront the most critical issues employers encounter, including high-stakes wage-and-hour class actions, discrimination and wrongful discharge claims, and union disputes.
Securities Litigation: A trusted source of innovative solutions for clients navigating securities-related actions, with a decades-long track record of pretrial and trial victories.
White Collar Defense and Corporate Investigations: Drawing on a wealth of experience inside key federal and state enforcement agencies to conduct internal investigations and craft effective defense strategies for clients facing government scrutiny.