Shannon Barrett
1625 Eye Street, NW
Washington, DC, 20006
Phone: +1-202-383-5308
Fax: +1-202-383-5414
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Kurt Berney
Two Embarcadero Center, 28th Floor
San Francisco, CA, 94111
Phone: +1-415-984-8989
Fax: +1-415-984-8701
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Brian Boyle
1625 Eye Street, NW
Washington, DC, 20006
Phone: +1-202-383-5327
Fax: +1-202-383-5414
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Bradley J. Butwin
Times Square Tower
7 Times Square
New York, NY, 10036
Phone: +1-212-408-2424
Fax: +1-212-326-2061
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C. Brophy Christensen
Two Embarcadero Center, 28th Floor
San Francisco, CA, 94111
Phone: +1-415-984-8793
Fax: +1-415-984-8701
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Marty Dunn
1625 Eye Street, NW
Washington, DC, 20006
Phone: +1-202-383-5418
Fax: +1-202-383-5414
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Robert N. Eccles
1625 Eye Street, NW
Washington, DC, 20006
Phone: +1-202-383-5363
Fax: +1-202-383-5414
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Andrew Frackman
Times Square Tower
7 Times Square
New York, NY, 10036
Phone: +1-212-326-2017
Fax: +1-212-326-2061
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Gregory F. Jacob
1625 Eye Street, NW
Washington, DC, 20006
Phone: +1-202-383-5110
Fax: +1-202-383-5414
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Elizabeth L. McKeen
610 Newport Center Drive, 17th Floor
Newport Beach, CA, 92660
Phone: +1-949-823-7150
Fax: +1-949-823-6994
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Heather L. Traeger
1625 Eye Street, NW
Washington, DC, 20006
Phone: +1-202-383-5232
Fax: +1-202-383-5414
PROFESSIONALS
- Related Practices
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Bank of America
eBay
Fannie Mae
Fidelity Investments
Goldman, Sachs & Co.
Humana
Marsh & McLennan
Morgan Stanley
UnitedHealth Group
Visa
WellPoint
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Financial Services
O’Melveny's Financial Services Practice is a global, interdisciplinary team. We support leading actors in all areas of the broader financial services industry and help them succeed in today’s fast-evolving, competitive marketplace. Our value proposition is our ability to aid financial services clients in managing the downside risks of high-stakes litigation, including class actions; governmental investigations; and regulatory compliance. At the same time, we help clients capitalize on growth opportunities in emerging markets, developing new financial products, and negotiating investments and acquisitions. Our reputation as an industry leader is built on decades of advising some of the world’s best-known financial services firms on daily operational issues and bet-the-company matters alike. We live and work on the ground with our clients, giving us insight into the inner workings of particular regions and sectors—from the high-powered, fast-paced culture of Wall Street bankers, to the hands-on creativity of venture capitalists in Silicon Valley, the rapidly shifting regulatory dynamics in Washington, DC and the European Union, and the highly networked Chinese financial community.
Practice Strengths
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Broker-Dealer Regulation and Compliance
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O’Melveny represents broker-dealers and other US and global financial institutions engaged in securities transactions within the United States, including foreign and domestic banks, insurance companies, investment advisers and private fund managers. Our clients range from financial institutions specializing in investment banking and M&A to market leading clearing firms and prime brokers. We have extensive experience counseling foreign and domestic financial institutions on issues related to their status as brokers and dealers and helping financial institutions to register with the SEC and to become members of SRO such as FINRA. We routinely assist newly registered broker-dealers and well established firms in developing written compliance policies and supervisory procedures and conduct reviews of their supervisory systems. We also assist our clients in responding to examinations, inquiries and industry sweeps, and remediate identified deficiencies.
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Consumer Finance Regulation and Litigation
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O’Melveny has extensive experience defending clients in the consumer finance sector against class actions, state attorney general actions, and FTC enforcement litigation on issues such as fair lending, unfair or deceptive trade practices, debt collection, payment system network rules, fee practices, and privacy and data security. Our clients include loan issuers and servicers, credit card issuers, affinity card sponsors, electronic payment systems, and credit bureaus. Our team has experience with statutes such as the Equal Credit Opportunity Act, the Electronic Funds Transfer Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Fair Credit Billing Act, the Truth in Lending Act, and state consumer protection and credit laws.
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ERISA Litigation
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Members of O’Melveny’s preeminent ERISA Litigation team have litigated and tried a number of cases that established basic precedent on ERISA fiduciary duties. In this complicated area of law, we also provide clients with keen insight into what events trigger litigation, how courts interpret fiduciary obligations, and what best practices to employ to minimize liability risk. We also have significant trial experience; in recent years we have represented companies such as Prudential and Fidelity in lengthy trials before US District Courts.
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Health Care Payor Regulation and Litigation
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We have extensive experience representing health care payors such as insurance companies and HMOs in complex litigation and regulatory challenges. Our experience includes defending class actions, challenges by the U.S. Department of Justice, state attorneys general and other federal and state regulatory agencies, and other complex commercial matters. Our role in these matters has ranged from acting as lead counsel in individual cases, to developing and coordinating overall defense strategy in multi-front litigation, to acting as trial counsel in individual cases. We use our experience not only in the courtroom but also to help our clients assess and manage litigation risks.
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Insurance Products and Sales Practices
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O’Melveny represents leading insurance companies in litigation involving specialty insurance products and insurance sales practices, including vanishing premiums, steering, and rate discrimination. O’Melveny also has experience defending insurance companies in coverage claims involving asbestos, environmental pollution, and medical products liability.
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Investment Adviser Regulation and Compliance
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O’Melveny counsels clients on a broad range of regulatory and operational issues facing registered and unregistered investment advisers. Our clients include retail investment advisers, as well as advisers to private funds including private equity funds and hedge funds, investment advisers that are also registered as broker-dealers, advisers that specialize in valuation services and fairness opinions, advisers exempt from registration, and affiliates of advisers engaged in cross-marketing activities. We assist advisers with SEC registration requirements; developing and improving written compliance policies, codes of ethics and supervisory procedures; conducting reviews of supervisory systems; compliance with fiduciary duties and the identification and mitigation of conflicts of interest; responding to examinations, inquiries and industry sweeps; and the remediation of identified deficiencies.
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Mortgage Industry Regulation and Litigation
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O’Melveny has one of the most sophisticated and experienced mortgage litigation practices in the United States. Our lawyers represent bank and non-bank lenders, servicers, and investors, and have extensive experience in a variety of matters, including class actions and state attorney general actions. O’Melveny lawyers are veterans of controversies involving the subprime mortgage industry, and have been involved in those issues for over a decade. This experience has enabled us to play a leading role in connection with the problems facing the financial services industry as a result of the recent financial crisis.
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Mutual Fund Regulation and Litigation
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O’Melveny represents some of the world’s largest mutual fund companies in transactions, regulatory proceedings, SEC enforcement actions, and civil litigation. One focus of O’Melveny’s mutual fund practice is the defense of funds and their investment advisers in shareholder litigation asserting a variety of claims under the Securities Act of 1933, Securities Exchange Act of 1934, and the Investment Company Act of 1940. For example, O’Melveny secured dismissals with prejudice of two class actions alleging securities fraud for failure to disclose a “shelf-space” program used to compensate certain brokers for selling the funds at issue.
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Securities Enforcement and Litigation
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O’Melveny frequently defends financial services firms, public and private companies, accounting firms, and individuals who are facing multiple and often overlapping investigations from the Securities and Exchange Commission (SEC), self-regulatory organizations (including FINRA and its predecessors, NASD and NYSE), state securities regulators, and federal and state criminal prosecutors. Our lawyers include former senior members of the SEC’s Division of Enforcement, the Office of Compliance, Inspections, and Examinations, a former Wall Street trader, and former federal prosecutors with specific and longstanding experience in criminal enforcement of the securities laws. Should litigation arise, O’Melveny combines its expertise, deep trial experience and unparalleled resources to expertly handle these cases.
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Robertson Stephens, Inc.
Morgan Stanley
Trans Union Corporation - In re Trans Union Corp. Privacy Litigation
Visa, Inc.
Morgan Stanley
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