Abby F. Rudzin
Partner
Abby F. Rudzin is a partner in O’Melveny’s New York office and a member of the Securities Litigation Practice. Abby has worked on a broad spectrum of cases, including securities fraud actions, civil and criminal antitrust actions, common-law fraud and breach of fiduciary duty actions, and various other complex corporate matters. Abby has appeared in trial and appellate courts around the country on behalf of Fortune 500 and foreign companies and their officers and directors.
Illustrative Professional Experience
- Defended a major health insurance company and its independent directors in derivative and securities fraud class actions as well as related SEC and DOJ investigations involving allegations of stock options backdating.
- Represented the special committee of a public media company’s board of directors in a comprehensive internal investigation and resulting litigation in Delaware, Illinois, and Canada. The investigation and ensuing civil litigation resulted in ousting former senior management, the company obtaining nearly two hundred million dollars in recoveries, and criminal convictions of the company’s former senior management.
- Obtained dismissal for a private equity firm of a federal antitrust class action alleging that the firm and other leading private equity firms conspired to allocate the market for large leveraged buyout transactions by improperly forming "bidding clubs" for the acquisitions.
- Co-tried the defense of theft-of-corporate-opportunity and breach-of-fiduciary duty claims involving the iconic Swiss Army trademark. Negotiated a settlement mid-trial in which client paid no damges.
- Defended registered representative in FINRA enforcement action alleging securities fraud and NYSE Rule violations arising from market timing.
- Defending the directors of a financial services firm in a putative bondholder class action pending in the District of Delaware involving the company’s debt exchange offers.
- Defended the former CEO of a Canadian holding company and Chairman of the Board of its public American subsidiary in numerous criminal and civil actions alleging securities fraud.
- Co-tried a fraud case on behalf of a Dutch international agricultural conglomerate. The federal jury awarded millions of dollars to client.
- Defended a well-known consumer products company in numerous federal and state class and civil enforcement actions alleging price-fixing conspiracy.
- Defended a natural gas producer in connection with a hostile tender offer in various federal and state actions brought by potential acquirer and by shareholders.
- Defended a Japanese petrochemical company and its U.S. subsidiary in various criminal and civil actions alleging international price-fixing cartel.
Professional Activities
Law Clerk, Honorable Frank H. Easterbrook, US Court of Appeals, Seventh Circuit (1996-97); Honorable Elaine P. Bucklo, US District Court, Northern District of Illinois (1995-96)
Admitted to Practice, US Court of Appeals, Second and Seventh Circuits; US District Courts, Southern District of New York, District of Colorado
Author, “Loss Causation and Damages Defense Strategies,"
Inside the Minds: Managing Securities Fraud Claims, Aspatore Books (2009)
Co-Author, “Loose Lips Sink Ships: The Importance of Director Confidentiality Programs,”
Corporate Counsel Magazine (September 1, 2009); “Future of Advancement and Indemnification Rights,”
Securities Law360 (July 10, 2009); “When Plaintiffs Overreach: Attacking Flawed Evidence of Loss Causation and Damages in Securities Class Actions (Parts One and Two),”
Andrews Securities Litigation and Regulation Reporter (June 2, 2009, and June 16, 2009)