Kenneth R. O'Rourke

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

Ken O’Rourke litigates complex cases, focusing on antitrust and intellectual property disputes. For over thirty years, he has represented established and emerging companies in class actions and other multi-forum civil litigation, government investigations, and antitrust and intellectual property matters spanning international boundaries. He is a California lawyer and a solicitor of the Senior Courts of England and Wales. He understands litigation and investigations both as outside counsel and as in-house counsel, having served as interim Chief Legal Officer of one of the nation's largest healthcare companies.

Highlights of Ken’s recent practice include:

  • Representing leading companies that are investigated by government enforcers and/or sued by class action plaintiffs and civil claimants for allegedly participating in international price fixing cartels;
  • Representing one of the nation’s leading healthcare insurers in defending antitrust class actions brought by healthcare providers and by health insurance subscribers;
  • Litigating the US Department of Justice’s lawsuit seeking to block client US Airways’ merger with American Airlines in 2013;
  • Defending one of the world’s leading semiconductor manufacturers against a decade-long campaign that sought to impose patent royalties worldwide on industry-standard memory chips;
  • Serving as senior leader of a trial team that obtained a complete defense victory from a San Francisco jury against $12 billion antitrust claims tried in 2011; and
  • Representing pharmaceutical companies in FTC investigations and defending class actions by plaintiffs alleging anti-competitive “reverse payment settlements.”
VIEW MORE

Honors & Awards

  • Chambers USA, Antitrust
  • Southern California Super Lawyers, Antitrust
  • Who’s Who Legal - The International Who’s Who of Competition Lawyers, Antitrust

Admissions

Bar Admissions

  • California
  • Solicitor, Senior Courts of England and Wales

Court Admissions

  • US Supreme Court
  • US Court of Appeals, Ninth and Federal Circuits
  • US District Court, Central, Northern, Southern, and Eastern Districts of California
  • England and Wales

Education

  • Loyola Law School, Los Angeles, J.D., 1985:  St. Thomas More Law Honor Society; Editor-in-Chief, Loyola International and Comparative Law Journal
  • University of California, Los Angeles, B.A., 1982

Professional Activities

Member

  • Chair, The Antitrust Litigation Forum (www.AntitrustLitigationForum.com)
  • Chair, Executive Committee of the California State Bar Antitrust & Unfair Competition Law Section (2013-14), Vice Chair (2012-13)
  • Co-Chair (Former) Trade Secrets Subcommittee of the American Bar Association (ABA) Litigation Section’s Intellectual Property Committee
  • ABA Antitrust & Intellectual Property Law Sections
  • Los Angeles County Bar Association
  • Irish American Bar Association
  • Irish Legal 100

Co-Author

International Cartel Litigation

  • “Preserving Legal Privileges in the U.S., California, and the EU,” Antitrust Report (December 2012)
  • “Reflections on Cartel Enforcement,” ABA Antitrust Magazine - 25th Anniversary Edition (December 2012) 
  • “Updating Upjohn and Akzo: Practical Suggestions for Preserving Privileges in the U.S., California and Europe,” 2012 ABA International Cartel Workshop (January 2012) 
  • “The Impact of Wal-Mart v. Dukes on Antitrust Class Action Defense,” ABA Antitrust Business Torts & Civil RICO Committee (August 2011) 
  • “The FTAIA In State Court - A Defense Perspective,” Competition Law 360 (February 24, 2010) 
  • “Indirect Purchaser Standing in Federal Courts: Take 2,” Competition Law 360 (October 12, 2009) 
  • “Preserving Legal Privileges in the U.S., California and the EU,” Antitrust Report, by Matthew Bender and Lexis/Nexis (forthcoming 2013)

Intellectual Property Rights Intersecting Antitrust Law

  • The Continuing Relevance of Patent Validity in Reverse-Payment Litigation,” Concurrences (Spring 2014)
  • “Intellectual Property and Antitrust: Getting the Deal Through,” Global Competition Review, USA Chapter (2012, 2013, 2014) 
  • “Promoting Competition and Standards: The D.C. Divide,” ABA Antitrust Section's Fall Forum (October 2010) 
  • “California Intellectual Property Law Developments,” California Litigation Review (October 2009, October 2010) 
  • Ashcroft v. Iqbal: The Sleeper 2009 Supreme Court Decision For Patent Litigators?,” Intellectual Property & Technology Law Journal, Vol. 21, No. 12 (December 2009) 

Agricultural Antitrust Litigation

  • “The Capper-Volstead Act Exemption and Supply Restraints in Agricultural Antitrust Actions,” Competition: The Journal of the Antitrust and Unfair Competition Law Section of the State Bar of California, Vol. 19, No. 2, pp. 69 et seq. (Fall 2010) 

Guest Lecturer

  • “International Cartel Enforcement: Recent Trends & Practical Effects,” Loyola Law School, International Antitrust Course (March 2010, March 2011) 

Speaker

Cartels, Price Fixing and International Antitrust Litigation

  • Discussion Co-Leader, “Antitrust Litigation Trials,” 2012 Antitrust Litigation Forum (Napa Valley, December 2012) 
  • Moderator, “‘Big Stakes’ Antitrust Trials,” 22nd Annual Golden State Antitrust and Unfair Competition Law Institute (San Francisco, October 2012) 
  • Moderator, “Defense 9, Plaintiff 3: Winning Over the Jurors in the $12 Billion Rambus Antitrust Trial,” Association of Business Trial Lawyers (ABTL) (Orange County, CA, April 2012) 
  • Panel Leader and Panelist, “Internal Investigations,” 2012 ABA International Cartel Workshop (Vancouver, B.C., February 2012) 
  • Moderator and Panelist, “Winning Strategies in U.S. Jury Trials,” In-House Counsel Forum (Seoul, Korea, January 2012) 
  • Panelist, “Current Trends in State and Federal Antitrust Civil Enforcement,” ABA Antitrust Section's Fall Forum (Washington DC, November 2010) 
  • Panelist, “The Potential Impact of Dukes v. Walmart on Class Certification in Antitrust and UCL Cases in the Ninth Circuit,” California State Bar Antitrust & Unfair Competition Section Brown Bag Seminar (Los Angeles, July 2010) 
  • Speaker, “Antitrust Laws & Lessons from Standard Setting Organizations,” International Seminar on Anti-Monopoly Issues in the Industry of New and High Technology, China’s Ministry of Industry & Information Technology (MIIT) (Beijing, PRC, June 2010) 
  • Panelist, “When Parallel Paths Collide: The Intersection of Criminal Antitrust Enforcement and Civil Litigation - Trends, Tactics and Tensions,” Los Angeles County Bar Association, Antitrust Section (Los Angeles, April 2010) 
  • Panelist, “Dealing with the Rising Tide of Criminal Enforcement,” Antitrust 2010: New Administrations, New Cases & New Economic Realities in Global Markets, Cornerstone Research Conference (Los Angeles, March 2010) 
  • Discussion Leader, “Cross-Border Certification of Antitrust Class Actions in the U.S. and Canada,” Canada - U.S. Cross-Border Litigation Forum, Cambridge International Forums (Toronto, Canada, March 2010) 
  • Panelist, “International Antitrust Litigation: Civil & Criminal Developments,” 19th Annual Golden State Antitrust & Unfair Competition Law Institute, California State Bar, Antitrust & Unfair Competition Law Section (San Francisco, October 2009) 

Agricultural Antitrust Litigation

  • Panelist, “The Capper-Volstead Exemptions in an Era of Supply Management and Vertical Integration,” American Bar Association Antitrust State Enforcement, Agriculture & Food, Exemptions & Immunities Committees (September 2012) 
  • Discussion Co-Leader, “The Capper-Volstead Act Exemption and Supply Restraints in Agricultural Antitrust Actions,” New York State Bar Antitrust Section Executive Committee (New York, February 2011)

Complex Civil Litigation

  • Panelist, “Resolving Antitrust Disputes: Arbitration, Mediation, and Settlement,” CLE International Antitrust Law Conference (San Francisco, February 2013)
  • Panelist/Moderator, “Settling, Mediating and Arbitrating Complex Cases,” Los Angeles County Bar Ass'n (Los Angeles, May 2012) 
  • Panel Leader, “Cultural Complexities in Cross Border Cases,” California State Bar Convention (Long Beach, September 2011) 
  • Panelist, “Ethics and Confidential Communications: Akzo Nobel and its Global Ramifications,” ABA International Section's Spring Meeting (Washington DC, April 2011) 
  • Panelist, “Settlement Issues in Complex Antitrust & Unfair Competition Class Actions,” 20th Annual Golden State Antitrust & Unfair Competition Law Institute, California State Bar (San Francisco, October 2010)

Antitrust / Class Actions 

Price fixing

  • Lead counsel defending against numerous direct and indirect purchaser class actions alleging illegal price fixing and/or coordinated supply restraints under federal and state antitrust and unfair competition laws 
  • Lead counsel defending against lawsuits filed by dozens of State Attorneys General on behalf of state and local governments and state citizens (parens patriae) asserting federal and state law claims as direct and indirect purchasers of allegedly price fixed products 
  • Lead counsel defending against large direct action antitrust lawsuits brought by settlement class “opt outs” who purchased billions of dollars of allegedly price fixed or supply restrained products 
  • Trial team member for SK Hynix in defending against a US$12 billion antitrust claim brought by Rambus Inc.; November 2011 jury verdict for defense on all claims. Victory recognized by the Daily Journal as a Top Defense Verdict of 2011. 
  • Briefed, argued for defense group and twice won dismissal of indirect purchasers’ California Cartwright Act and 13 other state law antitrust claims on the basis of lack of antitrust standing. In re Dynamic Random Access Memory Antitrust Litigation, 516 F. Supp. 2d 1072 (N.D. Cal. 2007) (DRAM I); 536 F. Supp. 2d 1129 (N.D. Cal. 2008) (DRAM II)

Monopolization / Unfair Competition

  • Trial counsel for California electronics firm in federal court jury trials asserting Walker Process / patent misuse and attempted monopolization claims against a dominant international electronics component manufacturer 
  • Counsel for semiconductor manufacturer pursuing monopolization and unfair competition claims in federal court against a semiconductor technology licensing firm charged with abusing a computer industry standard setting process, with related proceedings in the International Trade Commission, Federal Trade Commission, and the European Commission 
  • Counsel for a technology company accused in a series of class actions of violating California state unfair competition laws in connection with the company’s traffic light photo enforcement services provided to multiple cities; trial court judgment in favor of our client affirmed by the California Supreme Court 
  • Counsel for an international Big 6 accounting firm charged with RICO and unfair competition in class actions brought by putative classes of all depositors worldwide of a failed international financial institution; federal court’s dismissal of plaintiffs’ claims upheld on appeal 

Intellectual Property

  • Lead trial counsel in federal court jury trial in which O’Melveny’s client, the inventor of a computer-controlled artificial respirator, obtained a multimillion-dollar trial court award against a medical device manufacturer for patent infringement and willful patent infringement 
  • Lead counsel representing a leading consumer electronics firm in disputes over DVD copyright protection technology, the Digital Millennium Copyright Act and Internet law. Also represented the company as lead counsel in multiple business disputes in state and federal courts and in connection with foreign adversarial proceedings 
  • Lead counsel for an aircraft cargo systems manufacturer in successfully pursuing patent infringement claims against an aircraft parts supplier 
  • Trial counsel in trade secret and contract case for a developer of interactive television programming guides and computer software, in which O’Melveny’s client obtained a multimillion-dollar arbitration award 
  • Counsel for a leading computer manufacturer defending against business and technology claims brought by a start-up microprocessor developer for alleged breach of fiduciary duty, breach of contract, and misrepresentation 
  • Counsel in various cases for a large computer/technology OEM defending against patent infringement claims relating to encryption technology for personal computers and to disk drive technologies 
  • Trial counsel for a leading manufacturer of MOSFETs and other semiconductors in a federal court bench trial in connection with a complex patent licensing action

Other

  • Lead trial counsel representing an insurance company prevailing in a series of state and federal court proceedings and five-week arbitration involving the ownership and lease of a Los Angeles high-rise office building 
  • Lead trial counsel in multiple jury and bench trials serving as Deputy City Prosecutor prosecuting criminal defendants