Charles Lifland

Partner

Thank you for your interest. Before you communicate with one of our attorneys, please note: Any comments our attorneys share with you are general information and not legal advice. No attorney-client relationship will exist between you or your business and O’Melveny or any of its attorneys unless conflicts have been cleared, our management has given its approval, and an engagement letter has been signed. Meanwhile, you agree: we have no duty to advise you or provide you with legal assistance; you will not divulge any confidences or send any confidential or sensitive information to our attorneys (we are not in a position to keep it confidential and might be required to convey it to our clients); and, you may not use this contact to attempt to disqualify O’Melveny from representing other clients adverse to you or your business. By clicking "accept" you acknowledge receipt and agree to all of the terms of this paragraph and our Disclaimer.

pdf

Charlie Lifland focuses on class action and appellate work in the fields of mass torts, antitrust and unfair business practices, securities and consumer fraud, and punitive damages. Over more than 30 years of practice, he has litigated complex business cases and handled high-profile appeals in courts across the country. Leading energy, technology, pharmaceutical, and medical device companies—including ExxonMobil Corporation, Johnson & Johnson, and Merck & Co.—have turned to Charlie for their most important litigation matters.

Charlie also has defended clients in criminal antitrust and securities investigations, and regularly counsels clients on compliance with federal and state antitrust and unfair competition laws. He was part of an O’Melveny team that scored a defense victory in a six month antitrust trial the San Francisco Daily Journal hailed as one of the Top Defense Verdicts of 2011. Charlie was the 2003-2004 Chair of the Los Angeles County Bar Association’s Antitrust and Unfair Business Practices Section.

VIEW MORE

Admissions

Bar Admissions

  • California

Court Admissions

  • US Court of Appeals, Fourth and Ninth Circuits
  • US Supreme Court
  • US District Court, Southern, and Central Districts of California

Education

  • Harvard University, J.D., 1982: magna cum laude
  • Yale University, B.A., 1979: magna cum laude, with Distinction in Economics

Professional Activities

Clerkships

  • Honorable Mariana R. Pfaelzer, US District Court, Central District of California (1982-83)

Adjunct Professor

  • UCLA School of Law, Ninth Circuit Appellate Practice Clinic (2008-14)

Board of Overseers

  • RAND Institute for Civil Justice

Board of Directors

  • Western Justice Center Foundation

Member

  • American Bar Association and California State Bar, Antitrust and Litigation Sections; Los Angeles County Bar Association, Antitrust and Unfair Business Practices Section; Defense Research Institute, Drug and Medical Device Committee
  • Defense of mass tort litigation arising from the Exxon Valdez oil spill.  Charlie secured certification of a mandatory class for unitary resolution of all punitive damages claims, and was one of the company’s lead appellate counsel in In re Exxon Valdez (9th Cir. 2001) (vacating US$5 billion punitive award), and Exxon Shipping Co. v. Baker (US 2008) (reducing final punitive award from US$2.5 billion to US$500 million).  He was also lead appellate counsel for ExxonMobil in Alabama Dept. of Conservation and Natural Resources v. Exxon Corp. (Ala. 2002) (vacating US$3.4 billion punitive award), and Exxon Mobil Corp. v. Alabama Dept. of Conservation and Natural Resources (Ala. 2007) (reversing US$3.5 billion punitive award after retrial).
  • Defense of State Attorney General Medicaid and consumer fraud enforcement actions. Charlie was lead appellate counsel for Johnson & Johnson and its affiliate Ortho-McNeil-Janssen, maker of the antipsychotic drug Risperdal, in Ortho-McNeil-Janssen Pharmaceuticals v. Arkansas (Ark. 2014) (reversing US$1.4 billion civil penalty and attorney fee award under Arkansas Medicaid fraud and deceptive practices statutes) and Caldwell ex rel. Louisiana v. Janssen Pharmaceutica (La. 2014) (reversing US$330 million civil penalty and attorney fee award under Louisiana Medicaid fraud statute).
  • Defense of mass tort litigation arising from allegedly defective prescription drugs and medical devices. Charlie was one of the lead national defense counsel for Merck in mass tort litigation over Vioxx®, and was lead appellate counsel in Merck & Co. v. Ernst (Tex. App. 2009) (reversing US$253 million jury verdict from first Vioxx trial), In re Vioxx Class Cases (Cal. App. 2009) (affirming refusal to certify consumer and third-party payor economic loss class action), and McDarby v. Merck & Co. (N.J. App. 2008) (reversing US$9 million punitive award and multimillion dollar attorney fee awards). He was also lead appellate counsel in Bailey v. Janssen Pharmaceutica (Miss. 2004) (reversing US$100 million jury verdict for 10 prescription drug plaintiffs), Armond v. Janssen Pharmaceutica (Miss. 2004) (invalidating mass joinder of pharmaceutical personal injury claims), and Kerr v. Inamed Corp. (9th Cir. 2002) (affirming dismissal of medical device class action brought by overseas plaintiffs), and has served as lead counsel on legal and appellate issues in similar cases in California and elsewhere. As part of this work, he has defeated nationwide class certification of medical monitoring and consumer refund claims and led successful challenges to unscientific expert testimony. Charlie has also advised both pharmaceutical and medical device manufacturers on federal preemption and punitive damages issues.
  • Defense of major commercial banks in multiple antitrust and unfair competition class actions alleging unlawful conspiracies and other illicit business practices in the setting of bank prime rates. Charlie obtained summary judgment for the banks on all claims.  He also successfully challenged a US$14 million damage award in a class action alleging excessive credit card late charges and overlimit fees, obtaining a US$10 million appellate reduction and the right to credit US$3 million of the remainder against class members’ bad debts. In another case, Charlie obtained reversal of a US$70 million lender liability verdict.
  • Defense of airlines, public utilities, technology companies, and other clients in actions alleging unlawful conspiracies, unreasonable restraints of trade, monopolization, trade secret theft, false advertising, and other unlawful, fraudulent, or unfair business practices, including class actions brought under California Business & Professions Code §§ 17200 and 17500, the California Consumer Legal Remedies Act, and similar unfair competition and consumer protection laws in other states.
VIEW MORE