Kyle Grossman is an accomplished litigator who defends industry-leading companies across the health care, pharmaceutical, consumer products, energy, and automotive sectors. He has helped defeat or favorably resolve public-nuisance, False Claims Act, false advertising, negligence, consumer, and contractual claims for clients in some of their most sensitive and intractable matters—including nationwide litigation brought by the US Department of Justice and state attorneys general.
Known for his brief-writing skills and case-management abilities, Kyle has led teams through all stages of litigation, from pleadings through appeal. He also has significant experience crafting complex, multistate settlement agreements with state attorneys general to resolve pending litigation and investigations.
Kyle maintains a diverse pro bono practice, representing clients in matters involving civil rights, the Freedom of Information Act, and asylum law. He is also active in the community, serving on the Executive Board of the LGBTQ+ Lawyers Association of Los Angeles.
Before joining O’Melveny, Kyle clerked for the Honorable George H. King of the U.S. District Court for the Central District of California. While in law school, Kyle served as the Executive Articles Editor of the Southern California Law Review.
- Representing a national managed care organization in litigation brought by the U.S. Department of Justice and whistleblowers over alleged False Claims Act violations in connection with Medicare claims.
- Representing a pharmaceutical company in multidistrict litigation and coordinated state actions concerning the marketing of prescription opioid medications. Kyle was a core member of the team that negotiated a multibillion-dollar nationwide settlement of thousands of opioid-related lawsuits. He also was a key member of the briefing team that helped secure a landmark appellate reversal in the Oklahoma Supreme Court, rejecting the public-nuisance theory driving the nationwide opioid litigation.
- Obtained dismissal with prejudice of a False Claims Act lawsuit against national managed care organization, including winning affirmance by Ninth Circuit on appeal.
- Obtained dismissal with prejudice of novel Affordable Care Act claims in a False Claims Act lawsuit against a national managed care organization.
- Represented a pharmaceutical company in negotiations with state attorneys general to resolve litigation and investigations involving consumer products.
- Representing county government in First Amendment and employment litigation.
- Achieved a favorable settlement for a device manufacturer in a contract dispute arising from the sale of medical-grade face masks.
- Represented an automobile manufacturer against engine-defect allegations in a case that was voluntarily dismissed with prejudice in advance of trial.
- Achieved a favorable settlement for a manufacturer of electric buses in a contract dispute with a city government.
- Advised an electric-scooter company on modifying its user agreement to defend against product-liability and contract claims.
Admissions
Bar Admissions
- California
Court Admissions
- US Court of Appeals, Seventh Circuit
- US Court of Appeals, Ninth Circuit
- US Court of Appeals, Eleventh Circuit
- US District Court, Central District of California
- US District Court, Northern District of California
- US District Court, Eastern District of California
Education
- University of Southern California, J.D.: Order of the Coif; Executive Articles Editor, Southern California Law Review; Roger Sherman Prize in Intellectual Property; Peter Knecht Memorial Award (Los Angeles Copyright Society); OUTLaw President
- Pomona College, B.A., History: cum laude; Phi Beta Kappa
Professional Activities
Clerkships
- Hon. George H. King, US District Court, Central District of California
Community
- Executive Board, LGBTQ+ Lawyers Association of Los Angeles