O’Melveny litigators finish the year strong, with big cases kicking off 2018

O’Melveny’s litigation department finished the year on a tear, with one victory after another for clients in various sectors: pharmaceutical, media and entertainment, consumer products, and aviation, among others. Our strong finish not only brought us our most gratifying accomplishment—helping our clients achieve their goals—it also helped solidify our place in The American Lawyer’s 2018 “Litigation Department of Year” contest, which selected us among the “star” firms for the ninth straight time—one of only two firms to have earned such consistent recognition. Year-end highlights include:

  • Delivering for Johnson & Johnson when a jury, after hearing more than two weeks of testimony, took less than two hours to render a defense verdict in the first bellwether trial in a California Coordinated Proceeding involving the antipsychotic medication Risperdal. 
  • Concluding 16 years of litigation, we successfully settled, without any financial contribution, the last remaining claim against the Massachusetts Port Authority stemming from the 9/11 attacks. 
  • Obtaining dismissal with prejudice in a case accusing Niantic’s wildly successful Pokémon Go application of infringing a patent related to navigation and mapping technology.  
  • Defeating antitrust claims seeking more than US$1 billion in actual damages—US$3 billion in treble damages—in multidistrict litigation alleging client Samsung and other optical disk drive manufacturers had formed a conspiracy to fix prices.  
  • Achieving the latest in a series of critical, precedential rulings for Sirius XM on an issue critical to the music industry: whether owners of pre-1972 recordings have a right to demand licenses or royalties for performance of their recordings or for reproductions made to facilitate radio broadcasts. 
  • Notching a pair of wins for Hill’s Pet Nutrition, a Colgate-Palmolive subsidiary, in consumer fraud class actions involving prescription pet food.  
  • Reaffirming our position as a leading firm for aviation matters, secured victories for American Airlines, Atlas Air, Alaska Airlines, and Piedmont Airlines.  
  • Obtaining certiorari in the US Supreme Court for China Agritech Inc. on a major class action issue.   

Staying true to our values, we also achieved several significant pro bono victories, including a summary judgment win for reproductive rights, permanently enjoining a Kentucky law that requires medical professionals to perform an ultrasound before an abortion and describe the images; and in a historic victory for hundreds of thousands of Pennsylvania schoolchildren, persuading the Pennsylvania Supreme Court to overturn 40 years of precedent and remand for a trial on the issue of whether state officials are adequately and equitably funding public education.

Looking ahead, other ongoing, high-profile matters—defending AT&T in its battle with the Justice Department over its mega-merger with Time Warner, serving as lead counsel for the Government of Puerto Rico through its fiscal agency in the largest in-court restructuring in US history, and representing Fox in a suit against Netflix over a “brazen campaign” to poach executives—will surely continue making headlines in 2018.

Related Industries

Aviation, Consumer & Retail Products, Entertainment & Media, Life Sciences

Related Practices

Antitrust & Competition, Consumer Class Actions, Insurance Coverage Litigation, Intellectual Property & Technology, Product Liability & Mass Torts, Trial Litigation