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O’Melveny’s O’Rourke Quoted in Daily Journal on Opt-Out Litigation

November 14, 2014 O’Melveny & Myers partner Kenneth O’Rourke is quoted in the November 14, 2014, Daily Journal article, “Opting Out Is Yielding Mixed Results for Corporations, Attorneys Say.” The piece discusses a key decision faced by companies that are potential plaintiffs in antitrust class actions: whether to remain in the class, or to opt out and pursue an individual strategy. According to the article, recent verdicts from the few opt-out cases that have gone to trial have highlighted the pros and cons of sticking with an individual strategy. According to O’Rourke, opt-out litigation in the US might be past its peak, having recently garnered mixed results. "Some corporate opt-out plaintiffs have endured five or more years of litigation, several depositions of its purchasing department and other employees, extensive document discovery, expert costs, and management distraction," O'Rourke said in the article. "Did the companies get a payday for their efforts? For most the answer is clearly yes…[b]ut did they obtain the home run some may have been seeking; perhaps not."

O’Rourke is a member of O’Melveny’s Antitrust and Competition Practice and resides in the Firm’s Los Angeles office.