American Capital Strategies
Lightspeed Venture Partners
New Enterprise Associates
SanDisk Corporation
Sequoia Capital
Symantec Corporation
Venrock
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Silicon Valley
Silicon Valley represents a singularity in the technology landscape. Global interconnectivity, rapid growth, and transcendent creativity converge in a single region, driving a relentless culture of risk-taking and innovation. Disruptive technologies are by nature global business concerns. At every stage of the corporate life cycle—from garage start-ups with less than a dozen engineers to publicly-listed brand names with multi-billion dollar market caps—technology companies demand legal counsel with a combination of industry experience, forward-thinking creativity, and international reach. O’Melveny’s Silicon Valley office offers the full suite of legal services to technology companies and private investment firms. We understand how a single idea can spark the evolution of entire industries, and we make it our business to help our technology clients realize their full potential in an increasingly challenging global market. From private or public financings to cross-border joint ventures to billion-dollar acquisitions to bet-the-company securities-related litigation, O’Melveny delivers sophisticated, focused, and efficient representation to companies shaping the business landscape of tomorrow.
Key Facts
- We offer clients a local touch and an international reach: entrepreneurial Valley practitioners who draw on the resources and experience of a firm with more than 1,100 lawyers in 13 offices around the globe.
- Our robust venture capital/private equity practice has been ranked in the Top 5 for four consecutive years by Private Equity Analyst in terms of the number of venture capital and private equity transactions completed in the United States—including a number one ranking in 2003.
- We feature strengths in every area of legal practice relevant to technology firms, including intellectual property, tax, employment, commercial and securities-related litigation, private financing, mergers and acquisitions, capital markets, and corporate law.
- Our lawyers are boardroom-level advisors who frequently serve as outside general counsel, advising on and anticipating issues both strategic and day-to-day.
- Our lawyers are recognized nationally and internationally by such publications as Forbes, Time, and Chambers Global. In particular, The Legal 500 (2007) noted:
- Few full-service firms are as successful as O’Melveny “in combining excellence in corporate and transactional advice with a ‘great’ intellectual property offering. Operating more often than not at the cutting edge of the market, the firm is frequently called upon by technology-sector clients—for whom intellectual property assets are paramount—seeking assistance with structuring first-of-its-kind transactions.”
- O’Melveny’s “broad-based client roster spans multiple industry sectors, but its prevalence on the West Coast, and especially in the country’s technological heartland, gives the firm particular focus in the software, hardware, and internet industries.”
- Our Silicon Valley office serves as the Firm’s gateway to our best-in-class Asia practice, where our colleagues were recently named “China Practice of the Year” by Asian Legal Business.
Related Services
- Capital Markets
We help some of the world’s best-known companies and most prominent investment banking houses access the capital markets, both in the U.S. and abroad. From billion-dollar public offerings to overseas ADS listings on U.S. exchanges to technology company IPOs here and around the world, our lawyers practice in and embrace the increasingly global capital markets. Examples of such work include our representation of SanDisk Corporation in its $1.15 billion offering of convertible senior notes, our representation of UPEK, Inc. in filing for a Nasdaq IPO, and our representation of UBS in the public offering of Smith Micro, Inc. common stock.
- Emerging Technology
Our emerging technology practice ranks among the Silicon Valley’s most robust. We make it our business to understand revolutionary new ideas and businesses first, counseling venture-backed startups and high growth companies from incorporation through IPO. In 2006, we closed more than one venture or private equity transaction per day, raising more than $2 billion for such diverse growth companies as visual search company Like.com, cleantech company Transonic Combustion, healthcare technology company CodeRyte, and Chinese online retailer dangdang.com.
- Labor and Employment
Our labor and employment practice in Silicon Valley is geared towards serving the particular needs of technology companies. In addition to counseling clients in federal and state court cases involving discrimination, sexual harassment, and breach of fiduciary duty, we specialize in defending and prosecuting claims relating to non-competition agreements, “corporate raiding,” unfair competition, and trade secret misappropriation — all issues of central importance to talent- and IP-dependent Valley companies. Further, we feature deep experience litigating cases relating to employment issues arising from mergers and acquisitions, as well as disputes among venture capital and private equity partners.
- Mergers and Acquisitions
We are one of the few “firms to see” for complex transactions that transcend traditional geographic, industry, and practice boundaries. We counsel buyers and sellers in a wide variety of mergers and acquisitions, particularly involving technology companies in cross-border undertakings. Our recent experience includes the $1.1 billion sale of Sirna Therapeutics to Merck & Co., SanDisk Corporation’s $1.55 billion acquisition of Israeli-listed msystems Ltd., and Vontu, Inc.’s $350 million acquisition by Symantec Corporation.
- Securities and Commercial Litigation
As part of the team honored as The American Lawyer’s 2004 “Litigation Department of the Year,” an award given out every two years, our litigators bring experience and creativity to defending against government prosecutions and private civil actions, as well as conducting regulatory compliance reviews and internal company investigations. We feature particular expertise relating to litigation arising out of venture capital and private equity investments. Our vigorous and successful advocacy for clients embroiled in high-stakes cases prompted Securities Law360 to rank us among the nation’s top four most hired securities litigation practices. Examples of recent matters include a significant victory for ESS Technology, Inc., in preserving a significantly reduced class period (and correspondingly reduced theoretical damages) that O’Melveny had previously obtained, and an amicus brief on behalf of TechNet and various other leading technology-related trade associations in Tellabs v. Makor, a suit that constituted the first-ever occasion for US Supreme Court review of the intent provisions of the Private Securities Litigation Reform Act of 1995.
- Transactional Intellectual Property
The Silicon Valley boasts more engineers per capita than any other region in the world, and is subject to geographically and industrially transcendent commercial interests. The result is a plethora of compelling legal issues, particularly with respect to intellectual property rights. O’Melveny’s lawyers practice at the vanguard of this dynamic field. Our leadership gives us the opportunity to tackle novel and difficult questions; our track record for innovative work includes the first-ever licensing of core technology into China by a US company, a billion dollar M&A deal involving Nobel Prize-winning therapeutics technology, and many other recent landmark transactions, including China-US joint ventures, online music royalty distribution platforms, and complex, multi-party licensing deals.
- Intellectual Property and Technology
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2765 Sand Hill Road
Menlo Park, CA 94025
United States of America
Phone +1-650-473-2600
Fax +1-650-473-2601
Local Weather
Local Time: 4:45 PM
Local Date: 1/8/2009
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