O’Melveny Worldwide

Desirae Krislie C. Tongco

Counsel

Desirae Tongco is an experienced litigator and trial attorney who represents clients in a wide range of complex business litigation, including mass torts and antitrust merger litigation. She advises pharmaceutical companies on their most complex product liability cases, and has also represented media conglomerates and health insurance companies. Desirae has worked in state and federal courts through all phases of litigation, including pleadings, discovery, trial, and post-trial briefing. Desirae was a critical member of the O’Melveny trial team that achieved full victory for an international pharmaceutical and medical device company and its subsidiaries against allegations brought by California localities concerning the client’s opioid products. She leverages her steep experience in state Attorneys General litigations as part of her defense of a major entertainment platform in several state Attorneys General actions alleging violations of complex state consumer protection statutes.

Desirae also devotes time to pro bono matters involving veterans’ benefits, naturalization, and juvenile justice. Recent pro bono work involved filing an amicus brief in Brown v. Precythe on behalf of the Juvenile Law Center, Children and Family Justice Center, and the Fred T. Korematsu for Law and Equality in the United States Courts of Appeals for the Eight Circuit; and representing families separated by the Family Separation Policy in actions arising out of the Federal Tort Claims Act. In addition, Desirae co-chairs the New York office’s Attorneys of Color Employee Network Group and Community Involvement Committee. 

Desirae is also active in the New York community as a lead volunteer with the New York Junior League and a member of the Federal Bar Council American Inn of Court.

Prior to joining O’Melveny, Desirae served as an intern for former Vice President Kamala Harris during her tenure in the San Francisco District Attorney’s Office and the California Attorney General’s Office.

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  • Defending a leading entertainment platform in several state Attorneys General actions alleging violations of state consumer protection statutes.
  • Defending prominent insurance carrier in coverage disputes and adverse bankruptcy proceedings involving mass abuse-related torts against the insured.
  • Trial lawyer in what The New York Times called “one of the most complicated and gargantuan legal battles in American History,” defending an international pharmaceutical company and subsidiary in a two-month, multi-billion dollar trial against the State of Oklahoma in Oklahoma, achieving full defense victory on appeal.
  • Key member of a winning O’Melveny trial team that successfully defended an international pharmaceutical company and subsidiary against allegations brought by California localities in a months-long opioid trial, achieving a full defense verdict. Courtroom View Network named the win #1 on its “Top 10 Most Impressive Defense Verdicts of 2021,” with AmLaw reporting, “[d]efense wins just don’t get much bigger.”
  • Part of the O’Melveny AT&T-Time Warner merger trial team that prevailed against the United States Department of Justice in what the press dubbed “the antitrust trial of the century.”
  • Key member of the O’Melveny team that defended an international pharmaceutical company and subsidiary against 1,000+ opioid lawsuits brought against them by states, counties, and municipalities across the United States.
  • Represented a leading international pharmaceutical company in an investigation by the United States Department of Justice into the company’s charitable giving.
  • Represented a major health insurance company in an investigation regarding billing and reimbursement practices and procedures.

Admissions

Bar Admissions

  • New York

Court Admissions

  • US District Court, Southern District of New York

Education

  • Howard University School of Law, J.D.., cum laude; Senior Articles Editor, Howard Law Journal
  • American University, M.S.: Justice, Law and Society
  • Mills College, B.A.: Political, Legal, and Economic Analysis; minor in American History

Professional Activities

Internships

  • Kamala Harris, San Francisco District Attorney’s Office and California Attorney General’s Office

Author

  • “Saying No to ‘Cutting Corners’: The Military Courts’ Correctness in Rejecting the Use of Evidence of Sexual Assault Against a Minor to Search for Child Pornography,” 60 How. L.J. 593 (2017)

Member

  • Member, Federal Bar Council American Inn of Court