Charles E. Borden

Counsel

Charles E. Borden is a counsel in O'Melveny's Washington, DC office and a member of the Political Law and Strategic Counseling Practices. Charles’s Political Law practice focuses on advising multinational corporations and other entities on regulatory and compliance obligations in the areas of campaign finance law; the Lobbying Disclosure Act (LDA); state and local lobbying law; the Foreign Agents Registration Act (FARA); Municipal Securities Rulemaking Board (MSRB) Rule G-37; state and local pay-to-play law; and federal, state, and local law regulating gifts, entertainment, and governmental ethics. Charles’s clients include financial institutions, health insurers, private equity funds, airlines, and lobbying firms, and he regularly assists clients in developing compliance strategies and in building comprehensive compliance programs.

Charles’s Strategic Counseling practice focuses on matters involving the intersection of law and public policy. As part of his practice, Charles counsels individuals appointed to Executive Branch positions on federal conflict-of-interest, security clearance, and financial disclosure requirements and helps such appointees formulate strategies for resolving legal and political issues connected to their nomination. Charles frequently assists clients in crafting legislative and regulatory solutions to complex problems, and advises clients on the management of legislative and public policy risk. Charles also routinely participates in election law-related litigation, and has authored numerous appellate and U.S. Supreme Court briefs on redistricting and other political law issues.

Charles also is a member of the Financial Services Practice. Charles’s practice primarily focuses on public policy issues relating to aggregate litigation. He has taken part in significant legislative initiatives at the federal and state level, including the passage of the Class Action Fairness Act of 2005, and he has filed numerous amicus briefs in state and federal courts on aggregate litigation issues. Charles also has been active in the area of international class actions. He has counseled clients on the development of aggregate litigation mechanisms in Europe and Asia, assisted clients in responding to European Commission proposals for new group litigation procedures, and advised on the defense of class actions brought in Canada and Australia.

Professional Activities

Law Clerk, Honorable Robert B. King, U.S. Court of Appeals, Fourth Circuit
Admitted to Practice, U.S. Court of Appeals, Fourth, Ninth, and Eleventh Circuits
Author, On the Road to Litigation Abuse: The Continuing Export of U.S. Class Action and Antitrust Law, presented at the U.S. Chamber Institute for Legal Reform 2006 Legal Reform Summit (Washington, D.C., October 2006) (co-author, John H. Beisner); The Class Action Fairness Act of 2005 and State Law Antitrust Actions, 20 Antitrust 1 (Fall 2005) (co-author, Ian Simmons); Expanding Private Causes of Action: Lessons from the U.S. Litigation Experience, presented at The Trans-Atlantic Challenge:  Diverging Approaches to Regulatory and Legal Reform in the United States and Europe (Brussels, Belgium, Sept. 14, 2005) (co-author, John H. Beisner); The New Meets the Old: The Class Action Fairness Act of 2005 and State Law Indirect Purchaser Antitrust Actions, THE ANTITRUST PRACTICTIONER Vol. 2 (May 2005) at 5 (co-author, Ian Simmons); Recent Development, Primary Elections, 38 Harv. J. on Legis. 263 (2001)
General Counsel, OMM Federal PAC