Michael Tubach

Partner

Michael Tubach is managing partner of O’Melveny’s San Francisco office and a member of the White Collar Defense and Corporate Investigations and the Antitrust and Competition Practices. Michael focuses on civil litigation and white-collar criminal defense. He represents companies and individuals in criminal, antitrust, securities, and class action disputes and internal investigations. His trial experience includes over 35 trials and 20 appellate arguments.

 

Michael is recommended by various legal ranking guides, including Legal 500, PLC Which Lawyer, and Chambers USA, which quotes sources in its 2012 edition who note that Michael is a lawyer who “understands our business and our industry, who knows what we need and is able to deliver swift responses.” Earlier editions of Chambers USA note Michael’s “deep and thorough understanding of antitrust law, which is coupled with a patient and proactive work ethic,” and his “reputation as a top-flight trial lawyer for criminal antitrust litigation and cartel work.” For the last six years, he has been named a Northern California “Super Lawyer” and a leader in the field of White Collar Criminal Defense in a survey conducted by Law & Politics Media Inc. and published in San Francisco magazine.

In addition, Michael has served as Chair of O’Melveny’s firmwide Pro Bono Committee. 
 

Illustrative Professional Experience

• Counsel for SK hynix Inc. in industry-wide criminal antitrust investigations and numerous related civil actions into the Dynamic Random Access Memory (DRAM), Static Random Access Memory (SRAM), and Flash markets
• Counsel for eBay in purported class action by sellers alleging monopolization and attempted monopolization related to the online auction and online payment business
• Counsel for Hertz Corporation in antitrust class actions relating to the California Travel & Tourism Commission (CTTC)
• Counsel for DeGussa Corp. (now Evonik) in criminal antitrust investigations and related civil actions
• Counsel for individuals in multiple criminal antitrust investigations 
• Counsel for Chemtura Corporation (formerly Crompton) in various federal and state civil actions alleging price fixing across an array of chemical products
• Counsel for Honeywell International, Inc. in antitrust class action alleging monopolization in certain alleged thermostat markets
• Counsel for Capital One Financial Corporation in purported class action alleging conspiracy to fix over-limit and late payment fees
• Counsel for Special Committee of Board of Directors of Mercury Interactive relating to dating of stock options
• Counsel for Ford Motor Company in multiple consumer class actions, including Chamberlan v. Ford Motor Company, brought on behalf of 90,000 California owners of Ford vehicles alleging certain defects
• Counsel for several former CEOs of public companies in various criminal actions, SEC enforcement actions, securities class actions, and derivative actions
• Counsel for Golf Trust of America in fraud and breach of contract arbitration, resulting in $6.7 million award in favor of client
• Counsel for former Young Presidents Organization member in criminal and SEC enforcement action, resulting in dismissal of insider trading charges
• Counsel for United Airlines in internal investigation and civil action arising out of an employee’s theft of spare parts, resulting in recovery of $3.4 million to client
• Counsel in multiple internal investigations representing companies and individuals

Professional Activities

Law Clerk, Honorable Stephen F. Williams, U.S. Court of Appeals, D.C. Circuit, 1989‑90
Officer, Bar Association of San Francisco
Bristow Fellow, Office of the Solicitor General, 1990-91
Assistant U.S. Attorney, U.S. Attorney's Office, Washington, D.C., 1991‑97
Member, Judiciary Committee, Bar Association of San Francisco
Lecturer, First-Year Criminal Law, Fall 2002, University of California, Berkeley, Boalt Hall School of Law; Guest Lecturer, White Collar Criminal Exposure from the Perspective of a Convicted Criminal, Stanford Law School, Spring 2004; Guest Lecturer, Defense and Prosecution of White Collar Crime (Insider Trading), Boalt Hall School of Law, Fall 2003, Fall 2004; Frequent panel speaker on various legal issues, including at the Practicing Law Institute, the Bar Association of San Francisco, and the California State Bar’s Antitrust Section
Recent Speaking Engagements, "Challenges in Conducting Internal Investigations," Antitrust Law Conference, San Francisco, CA (February 2013); "Trial Complexities in Antitrust Cases following Clayworth: Competing Views of Different Plaintiffs’ Groups and Defendants," California State Bar Association’s 21st Annual Golden State Antitrust & Unfair Competition Law Institute, San Francisco, CA (October 2011); “Dealing with Enforcement Issues and Opportunities,” PLI Antitrust Institute 2011, San Francisco, CA (February 2011); “Antitrust 2010,” PLI Antitrust Institute 2010, San Francisco, CA (May 2010); American Bar Association (ABA) Spring Meeting 2010, Washington, DC (April 2010); “Defense Considerations in Cartel Investigations,” ABA Brown Bag Series - Litigating and Trying Complex Civil Antitrust Class Actions (January 2009); “Litigating Civil Cases With Parallel Criminal Investigations,” ABA Brown Bag Series - Litigating and Trying Complex Civil Antitrust Class Actions (October 2008); “Dealing with the Antitrust Enforcement Agencies: Discussion and Hypothetical,” PLI Antitrust Institute 2008, San Francisco, CA (May 2008)
Recent Publications, “Keeping the Cat in the Bag: Reviewing Foreign-Located Documents in United States Criminal Antitrust Investigations,” Published for the ABA Spring Meeting 2010 (2010); “eBay Wins Summary Judgment In Section Two Class Action,” O’Melveny client alert (2010)