Jeff Nestler

Counsel

Jeffrey Nestler is a counsel in O’Melveny’s Washington, DC office and a member of the White Collar Defense and Corporate Investigations Practice. Jeff regularly represents corporations and individuals in criminal investigations and complex civil matters.

Illustrative Professional Experience

Corporate clients:

• In re FedEx Ground Package Systems, Inc. Employment Practices Litigation (MDL Case No. 1700, N.D. Ind.): Representing FedEx Ground in more than fifty pending putative class-action lawsuits in forty-two states seeking to reclassify as “employees” thousands of independent contractors engaged in package pick up and delivery services. Obtained summary judgment in favor of independent contractor status in all class-certified cases.
• Represented an international airline in an industry-wide Department of Justice criminal antitrust investigation, as well as two follow-on multi-district litigations involving passengers and air cargo.
• Conducted a comprehensive FCPA compliance review for an international real estate company.

Individual clients:

• Representing an Assistant United States Attorney being investigated for contempt of court and obstruction of justice in connection with the Justice Department’s prosecution of Senator Ted Stevens.
• Representing a senior executive of an international construction company in an FCPA investigation by the SEC and the Department of Justice.
• Represented a professional basketball player charged with firearms offenses.
• Represented a senior executive of a textile company in a federal criminal investigation and a related civil case involving his company’s alleged theft of trade secrets.
• Represented an individual in connection with a Department of Defense procurement fraud investigation.

Jeff also has an active pro bono practice, having handled:

• An appeal to the Maryland Court of Special Appeals, for an individual convicted of assault.
• Criminal proceedings before the D.C. Superior Court, for an individual charged with assault.
• Criminal proceedings before the Montgomery County, Maryland, Circuit Court, for an individual charged with burglary and conspiracy.
• An appeal before a Social Security Administration administrative law judge, for an AIDS-afflicted claimant who was denied benefits.

Professional Activities

Law Clerk, Honorable Eduardo C. Robreno, U.S. District Court, Eastern District of Pennsylvania
Member, Edward Bennett Williams American Inn of Court
Author, “The Underprivileged Profession: The Case for Supreme Court Recognition of the Journalist’s Privilege,” 154 U.Pa.L.Rev. 201 (2005)
Winner, American Constitution Society’s National Student Writing Competition