Michael Tubach

Partner

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Michael Tubach focuses on civil litigation and white-collar criminal defense. He represents companies and individuals in criminal, antitrust, securities, and class action disputes and internal investigations. His trial experience includes over 35 trials and 20 appellate arguments.

Michael is recognized by numerous legal-ranking guides including Chambers Global, Chambers USA, Legal 500, PLC Which Lawyer, and Best Lawyers in America®, which quote sources who note that Michael is “an expert in white-collar litigation and antitrust and often represents clients in cases involving a combination of both areas, such as criminal cartel matters.” Michael is praised for his “deep and thorough understanding of antitrust law, which is coupled with a patient and proactive work ethic,” and his “reputation as a top-flight trial lawyer for criminal antitrust litigation and cartel work.” For more than ten years, he has been named a Northern California “Super Lawyer” and a leader in the field of White Collar Criminal Defense in a survey published in San Francisco magazine.

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Corporate & Government Experience

  • Assistant U.S. Attorney, U.S. Attorney’s Office, Washington, D.C. (1991-97)

Honors & Awards

  • Recognized by Best Lawyers® 2022 for Antitrust Law, Litigation - Antitrust in San Francisco, CA; Michael has been listed in Best Lawyers® since 2013.
  • Recognized as a leading lawyer in Antitrust: Cartel by Chambers USA (2016-2021) and Chambers Global (2016-2021), and in Antitrust in California by Chambers USA (2018-2021)
  • Recognized as a leading lawyer in Litigation: White-Collar Crime & Government Investigations in California by Chambers USA (2018-2021)
  • Recommended by Legal 500 US for Antitrust - Cartel (2016-2018, 2020-2021), Antitrust - Civil Litigation/Class Actions (2015-2018), and Litigation: White-Collar Criminal Defense (2010, 2012-2013)
  • Recommended in Competition (2016, 2018-2019); Investigations; Business Crime Defence - Corporates (2019) by Who’s Who Legal

Admissions

Bar Admissions

  • California
  • District of Columbia

Court Admissions

  • US District Court, Central, Eastern, Northern, and Southern Districts of California
  • US District Court, Eastern and Western Districts of Michigan
  • US Court of Appeals, Fifth, Sixth, and Ninth Circuits
  • US Court of Appeals, District of Columbia

Education

  • University of California at Berkeley, J.D., 1989: Order of the Coif; Executive Editor, California Law Review
  • University of California at Berkeley, B.A., 1985: with distinction

Professional Activities

Clerkships

  • Honorable Stephen F. Williams, U.S. Court of Appeals, D.C. Circuit (1989-90)

President

  • The Bar Association of San Francisco (2016)

Bristow Fellow

  • Office of the Solicitor General (1990-91)

Lecturer

  • First-Year Criminal Law, Fall 2002, University of California, Berkeley, Berkeley Law School
  • Guest Lecturer, White Collar Criminal Exposure from the Perspective of a Convicted Criminal, Stanford Law School, Spring 2004
  • Guest Lecturer, Defense and Prosecution of White Collar Crime, Berkeley Law School (multiple)
  • Frequent panel speaker on various legal issues, including at the Practicing Law Institute, the Bar Association of San Francisco, and the State Bar of California’s Antitrust Section

Recent Speaking Engagements

  • “Do I Need a Lawyer? An Individual Meets with Counsel,” 13th ABA/IBA International Cartel Workshop (February 2020)
  • “Latest Developments in No-Poach Agreements,” California Lawyers Association Antitrust & Unfair Competition Section (January 2019)
  • Speaker at Antitrust Judicial Law and Economics Institute at Berkeley (conference exclusively for federal judges) (October 2018)
  • “Will Apple’s App Store Lead to the end of Illinois Brick?,” American Bar Association (ABA) and California Antitrust, UCL & Privacy Law Section (July 2018)
  • “Rigging Bids on the Courthouse Steps: Real Estate Cartels,” American Bar Association (ABA) Section of Antitrust Law, San Francisco (July 2014)
  • “Challenges in Conducting Internal Investigations,” Antitrust Law Conference, San Francisco (February 2013)
  • “Trial Complexities in Antitrust Cases following Clayworth: Competing Views of Different Plaintiffs’ Groups and Defendants,” State Bar of California’s 21st Annual Golden State Antitrust & Unfair Competition Law Institute, San Francisco (October 2011)
  • “Dealing with Enforcement Issues and Opportunities,” PLI Antitrust Institute 2011, San Francisco (February 2011)
  • “Antitrust 2010,” PLI Antitrust Institute 2010, San Francisco (May 2010)
  • ABA Spring Meeting 2010, Washington, D.C. (April 2010)
  • “Defense Considerations in Cartel Investigations,” ABA Brown Bag Series - Litigating and Trying Complex Civil Antitrust Class Actions (January 2009)
  • “Litigating Civil Cases With Parallel Criminal Investigations,” ABA Brown Bag Series - Litigating and Trying Complex Civil Antitrust Class Actions (October 2008)
  • “Dealing with the Antitrust Enforcement Agencies: Discussion and Hypothetical,” PLI Antitrust Institute 2008, San Francisco (May 2008)

Recent Publications

  • “When Silence Is Not Golden: Real World Implications of Non-Parties “Taking the Fifth” in Civil Proceedings,” (co-authors Anna Pletcher and Trisha Parikh), American Bar Association Antitrust Magazine Volume 35, No. 2 (Spring 2021)
  • “Keeping the Cat in the Bag: Reviewing Foreign-Located Documents in United States Criminal Antitrust Investigations,” published for the ABA Spring Meeting 2010
  • “eBay Wins Summary Judgment In Section Two Class Action,” O’Melveny Client Alert (2010)
  • Counsel for executive in criminal action alleging antitrust violations in the broiler chicken industry
  • Counsel for Leoni Wiring Systems, Inc., a manufacturer of automotive wire harnesses, in Department of Justice investigation and numerous related civil class actions
  • Counsel for a leading technology company in an antitrust class action relating to alleged agreements among seven companies not to cold-call each other’s employees
  • Counsel for Espar Inc. in a Department of Justice criminal investigation and related civil class actions regarding parking heaters in commercial vehicles
  • Counsel for Eberspaecher in class actions relating to alleged price-fixing in automotive exhaust systems
  • Counsel for ROHM Co. Ltd. in class action litigation arising out of criminal investigations regarding capacitors and resistors
  • Counsel for MAHLE Behr in class actions relating to alleged price-fixing in automotive air conditioning systems
  • Counsel for Hill’s Pet Nutrition (a Colgate-Palmolive subsidiary) in class actions alleging price-fixing among manufacturers of pet foods
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In the News

Global Competition Review: Judge Questions Purpose and Policy Behind Third Broiler Chicken Trial

April 21, 2022

Law360: Chicken Execs Again Seek Acquittal After Second Mistrial

April 5, 2022

Global Competition Review: DOJ Trims Down Broiler Chicken Case

April 1, 2022

Law360: Despite 2 Mistrials, DOJ Won’t Say Chicken Case Is Done

March 31, 2022

Global Competition Review: Judge Declares Second Mistrial in Broiler Chicken Case

March 30, 2022

Law360: Poultry Execs Get 2nd Mistrial In Feds’ Price-Fixing Case

March 30, 2022

Law360: Poultry Execs Move For Acquittal Amid Price Fixing Retrial

March 23, 2022

Law360: DOJ Gears Up For Chicken Price-Fixing Retrial

February 18, 2022

Bloomberg Law: Chicken Price-Fixing Case Ends in Mistrial After Seven Weeks

December 16, 2021

Daily Journal: O’Melveny Partner Anna Pletcher named to Daily Journal’s 2021 “Top Antitrust Lawyers” List

November 17, 2021

O’Melveny’s White Collar Defense & Corporate Investigations Practice Highly Ranked in Chambers USA 2021

June 10, 2021

Daily Journal: Michael Tubach Named to Daily Journal’s List of “Top Antitrust Lawyers 2020”

June 24, 2020

Alerts and Publications

DOJ Breathes New Life into Section 2 Criminal Enforcement

March 8, 2022

FTC Announces New 2022 HSR Reporting Thresholds and Renews Call to Congress for Additional Funding

January 25, 2022

Prompted by Sweeping Executive Order on Competition, New Leadership at US Antitrust Agencies to Launch Review of Merger Guidelines; Similar Initiatives in Europe and China May Signal Greater Convergence in Enforcement Across Jurisdictions

July 26, 2021

Unanimous Supreme Court Affirms Injunction Barring NCAA Rules that Limit Education-Related Compensation to Student Athletes

June 30, 2021

Supreme Court Holds That FTC Cannot Sue for Monetary Relief: AMG Capital Management v. FTC

April 26, 2021

ABA ANTITRUST Magazine: When Silence Is Not Golden - Real World Implications of Non-Parties “Taking the Fifth” in Civil Proceedings

April 22, 2021

European Commission Extends Reach Over Non-Reportable Transactions

April 6, 2021

Senator Klobuchar Unveils Broad New Proposed Antitrust Legislation

February 8, 2021

FTC Adjusts New 2021 HSR Reporting Thresholds Downward

February 3, 2021

EU Commission Publishes Text of EU-China Comprehensive Agreement on Investment

January 27, 2021

The Department of Justice Antitrust Division Brings First-Ever Criminal No-Poach Case

January 22, 2021

Germany Strengthens Antitrust Enforcement Powers to Rein in Big Tech

January 19, 2021

China Expands National Security Review of Foreign Investments

January 12, 2021

European Commission Plan to Reform Europe’s Digital Space - Part 2 - Draft Digital Services Act

December 23, 2020

European Commission Plan to Reform Europe’s Digital Space - Part 1 - Draft Digital Markets Act

December 21, 2020

The Department of Justice Antitrust Division Brings First-Ever Criminal Labor Market Collusion Case

December 17, 2020

New Guidelines Clarify When Antitrust Division Will Consider Using Arbitration

December 1, 2020

The UK National Security and Investment Bill: Strengthening scrutiny of investment in the UK and introducing the UK’s first mandatory notification regime

November 20, 2020

China Publishes “Unreliable Entities” Rules Targeting Foreign Enterprises

September 22, 2020

DOJ Issues Letter Encouraging IEEE to Change Policy on Standard Essential Patents

September 18, 2020

Hong Kong Competition Tribunal Approves First Cartel Settlement

August 13, 2020

Congress Reauthorizes ACPERA and Repeals Sunset Provision

July 17, 2020

DOJ’s Prosecution of Generic Drug Companies Continues as it Announces Price-Fixing Charges Against Glenmark Pharmaceuticals, Inc.

July 2, 2020

The UK’s Competition and Markets Authority Targets Big Tech

July 2, 2020

DOJ and FTC Issue New Vertical Merger Guidelines

July 1, 2020

Germany’s Federal Cartel Office Calls for the EU Court of Justice’s Guidance on Important Patent Licensing Issues

June 25, 2020

Germany’s Supreme Court Sides with National Antitrust Enforcer in Facebook Abuse of Dominance Case

June 23, 2020

May Price Gouging Update

June 4, 2020

Press Releases