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Winner’s Playbook

December 21, 2018

As part of this “Expert Analysis” series, a team from O’Melveny, including partners Seth Aronson, William Pao, and Abby Rudzin, counsel Brittany Rogers and Michelle Leu, and editor Jesse Katz discuss the factors that led to the unanimous US Supreme Court ruling in China Ag v. Resh.

Originally, the matter was deemed a “routine securities case,” but over time it evolved into a “far-reaching check on serial class actions.” Leu noted that when the case appeared normal, curveballs would be thrown. “Whenever we struggled to find support for our position, Seth would always say: ‘Well, then, we’ll make new law.’ I thought it was just something you say when you’re a partner. But it ended up being so true in this case. We had to think outside the box at multiple points.”