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O’Melveny Lawyers Author ABA Antitrust Article on Lessons Learned from Cartel CasesMarch 19, 2014
O’Melveny & Myers partners Kenneth Nissly, Susan van Keulen, and counsel Susan Roeder co-authored an article, titled “Defeating a Cartel Case: A Perspective from Counsel Table,” in the Spring 2014 issue of American Bar Association’s Antitrust. The article discusses several lessons in handling legally and technically complicated antitrust cases, specifically drawing from the authors’ experiences in successfully defending SK hynix in the Rambus antitrust suit. “Civil cartel cases are often preceded or accompanied by criminal proceedings arising from similar allegations,” the authors write, noting the “complications caused by parallel criminal proceedings.” According to the article, it is important that both the criminal and civil defense teams share risk assessments and coordinate strategies, even if a civil case has not been filed yet. The authors also emphasize the value of jury research, explaining that “the goal of jury research is not to ‘win’ mock trials but to learn.”
Nissly, van Keulen, and Roeder are members of O’Melveny’s Intellectual Property and Technology Practice, and reside in the Firm’s Silicon Valley office.