in the news
O’Melveny’s Nissly, Scharf Named to the Daily Journal's 2012 Top 100 ListSeptember 12, 2012
The Daily Journal has named O'Melveny & Myers LLP partners Kenneth Nissly and Stephen Scharf to its 2012 list of the Top 100 lawyers in California. After receiving more than 1,000 nominations from members of the legal community and Daily Journal reporters, the publication recognized 100 elite lawyers who have made “an impact on the legal industry, our state, the nation, and the world” in a special supplement to its September 12, 2012, issue.
A partner in O’Melveny’s Silicon Valley office and member of the Firm’s Intellectual Property and Technology Practice within the Litigation Department, Nissly serves as lead counsel for SK hynix Inc. in all matters relating to the high-profile Rambus litigation, which began in 2004. Last year, Nissly and team were able to persuade a jury that SK hynix and co-defendant Micron Technology did not conspire to prevent the Rambus RDRAM memory technology from becoming the standard worldwide. “It’s clear now that the verdict was the start of a string of litigation setbacks for Rambus,” he told the publication. “The courts are starting to understand and recognize that Rambus' behavior in enforcing its patents shouldn’t be approved.”
Nissly also expressed his view that the length of the Rambus litigation raises troubling questions about the US patent system. “The longevity of the case and the scope of the litigation is extraordinary,” he said. “When people step back and look at what Rambus did and is doing, it contributes to the concern—in both a legal and public policy perspective—is the patent system really working in a way that is economically beneficial?”
Scharf, a partner in O’Melveny’s Century City office and member of the Firm’s Entertainment, Sports and Media Practice, has been at the forefront of China’s entertainment boom. He regularly advises Chinese and other international companies on the financing of major co-production projects, maneuvering within a complex set of legal structures and government restrictions. “It's an extraordinary learning opportunity,” Scharf said of his cross-border work in the article. “It's exciting to bring technology into a whole new area of the world and make it fit with the local customs and legal practices.”
Scharf also noted that China’s box office is the fastest growing in the world, and financing has followed. “Banks are lending money and private equity funds are growing enormously in that area,” he said. “One of the things we're working on is structuring ways to permit non-Chinese investment within the constraints of existing government regulations.”