is a partner in O’Melveny’s Newport Beach office and a member of the Consumer Class Actions and Product Liability/Mass Torts Practices. Amy has represented clients in a variety of complex business litigation matters, including class and mass tort actions involving product liability claims, as well as unfair competition, fraud, copyright, real estate, insurance coverage, and contract disputes.
Illustrative Professional Experience
- Representing Amylin Pharmaceuticals in nationwide product liability litigation over the diabetes drug Byetta®.
- Representing major manufacturer of sun care products in class action litigation in California, Florida and New Jersey alleging improper risk and efficacy disclosure and seeking economic damages.
- Defended product liability litigation over alleged side-effects from Motrin®.
- Represented major pharmaceutical company in a successful three-week trial in federal court involving misappropriation of trade secrets by a competitor.
- Represented Merck in nationwide product liability litigation over Vioxx®.
- Drafted, with co-counsel, appellate briefing that led to reversal of a US$7.75 million verdict in pharmaceutical product liability action.
- Defended a subsidiary of a major insurance company in a US$30 million bad faith trial, which settled three weeks into trial when plaintiffs accepted a standing settlement offer.
- Defeated class certification in a personal injury and economic harm case involving prescription pain medication recalled due to an alleged manufacturing defect.
- Advised clients in various industries regarding product recalls.
- Represented numerous clients in claims alleging violations of California Prop 65.
- Defended copyright holder in an action involving a distributor’s claimed exclusive license; obtained a preliminary injunction preventing further distribution by the plaintiff of the copyrighted material.
- Obtained a dismissal, and an order after oral argument from the Ninth Circuit affirming the dismissal, of an action challenging the procedure for accepting bids on HUD homes.
- Defended a breach of contract and fraud action—seeking monetary damages and challenging termination of a loan servicing agreement—brought against a mortgage banking company, and obtained an arbitration ruling awarding nothing to the plaintiff.
- Represented a general contractor in a bond claim against a defaulting subcontractor’s surety and assisted with two-month jury trial that resulted in favorable, novel verdict in which the surety was ordered to pay damages in excess of the bond’s “penal amount.”
- Argued motions and appeals, and tried cases, in state and federal courts throughout the country.
Admitted to Practice,
U.S. District Court, Central, Southern, Northern, and Eastern Districts of California; District of Colorado; U.S. Court of Appeals, Ninth Circuit; U.S. Supreme CourtBoard Member,
Federal Bar Association, Orange County Chapter (2007-present)Member,
Orange County Bar Association, Judiciary Committee; Association of Business Trial Lawyers; American Bar Association; Litigation Section of the State Bar of California; Defense Research InstituteHonors,
Named a “Rising Star” in General Litigation in a survey conducted by Law & Politics Media Inc. and published in Los Angeles Magazine
and the Southern California edition of Super Lawyers
(2009, 2010, 2011)Speaking Engagements,
Moderator: “Protective Orders, Discovery Motions, Settlement Conferences and the Magistrate Judge Pilot Program,” Federal Bar Association; Orange County Chapter (Nov. 2007); “Bad Faith in Insurance Claims: Strategies for Prosecuting and Defending Against Claims of Insurer Misconduct,” Strafford CLE (Oct. 2008, July 2009); “Writing Skills, Tips & Tricks for Insurance Lawyers,” ExecSense (Apr. 2010)