O'Melveny & Myers LLP Scores Litigation Hat Trick

May 15, 2008 For Immediate Release
Alexi Estrella
O'Melveny & Myers LLP

Erika Tucker
O'Melveny & Myers LLP

Lawyers from O’Melveny & Myers LLP accomplished a rare hat trick this week with victories on behalf of clients in three contentious court cases carrying major national significance. "Waiting for just one jury verdict or appellate decision in a major case can be a trying experience, as all lawyers know. But to have three of them pending at the same time, and then to get back-to-back-to-back wins in rapid succession is like being on a Wayne Gretsky team," said Robert Siegel, chairman of O'Melveny's Adversarial Department. "Representing the winning side in the three biggest cases of the week is an impressive accomplishment that demonstrates the strength of our litigation practice. The success shows that our clients are justified in recognizing O'Melveny as the go-to Firm when they face high-stakes litigation, whether we are working on a for pay or pro bono basis."

In the first case, decided May 14, a team of lawyers from O’Melveny and Baker Botts LLP secured a reversal for client Merck & Co., in the first VIOXX plaintiffs’ verdict to be tested in the appellate courts. The lawyers convinced a Texas appellate court to overturn the 2006 verdict by a state court jury in the VIOXX product liability case Garza v. Merck and to enter a take-nothing judgment in favor of Merck.

The next day, O’Melveny successfully defended NDS Group in the closely watched EchoStar Corp v. NDS Group PLC, which ended on May 15, after just one day of jury deliberations, with a surprisingly low damages award of US$1,000 for the plaintiffs, who were seeking well over US$1 billion.

The third win, also on May 15, came when the California Supreme Court issued the historic ruling in In re Marriage Cases that lifted the ban on same-sex marriage in the state. O’Melveny lawyers, working on a pro bono basis, authored the amicus brief advocating the application of strict scrutiny in the case, which the court followed.

For details on the three matters, please view the Fact Sheet. O’Melveny’s Global Communications staff is prepared to arrange interviews with the lawyers who secured the victories.

About O’Melveny & Myers LLP

With more than 1,000 lawyers in 13 offices worldwide, O’Melveny & Myers LLP helps industry leaders across a broad array of sectors manage the complex challenges of succeeding in the global economy. We are a values-driven law firm, guided by the principles of excellence, leadership, and citizenship. Our commitment to these values is reflected in our dedication to improving access to justice through pro bono work and championing initiatives that increase the diversity of the legal profession. For more information, please visit www.omm.com.