Litigation & Investigations
Today’s headlines tell the story of a world transformed—by technological revolution, worldwide geopolitical and environmental threats, uncharted economic territory, and an evolving legal and social landscape.
In the face of accelerating change, O’Melveny’s litigation and investigations practice has the experience to decipher the present and anticipate the future. We are strategic advisers, trusted investigators, veteran negotiators, and trial-ready litigators—a suite of services to help clients navigate complex legal and regulatory environments, minimize risk, and protect their interests.
The American Lawyer lauds our litigation teams, noting we have “excelled in cases ‘ripped from the headlines’” and have been “front and center in massive, high-profile matters.” As a perennial honoree in the publication’s Litigation Department of the Year competition, we regularly earn recognition for our strategic approach to novel and complicated legal challenges and our versatility in and out of the courtroom.
We also receive acclaim for our ability to handle sensitive and complex defenses to government inquiries and allegations of employee misconduct. Our investigations teams represent corporations, board committees, and individual officers and directors in congressional, SEC, DOJ, attorney general, self-regulatory, and internal investigations.
When confronted with litigation, we help our clients prevail at every stage: on the pleadings, at trial, in settlements, and on appeal. Most years, our victories span all US jurisdictions, including courts in nearly every state, every federal circuit, multiple arbitral forums, government agencies in Europe and Asia, and the US Supreme Court.
While clients value our willingness to go to the mat for them, we never lose sight of their business interests. Some of our biggest litigation successes have meant helping a client avoid litigation altogether.
In an ever-evolving landscape, O’Melveny’s teams help clients navigate challenges and uncertainties while safeguarding their interests with strategic precision and unwavering dedication.
Client Successes
O’Melveny served as lead counsel for Brazos Electric Power Cooperative, securing confirmation of its $2.1 billion chapter 11 plan following catastrophic Winter Storm Uri in Texas. O’Melveny helped Brazos secure $350 million in DIP financing, successfully contested ERCOT's $2.1 billion proof of claim, and achieved numerous settlements through mediation. The positive outcome has far-reaching implications on the interplay between state laws and their authority over electric cooperatives.
Secured significant victories for our client in the Boy Scouts of America’s chapter 11 plan, driving the restructuring of the plan and the injunctions and releases, and presenting evidence instrumental in obtaining judicial approval.
Appearing before the judicial panel on multidistrict litigation as lead counsel for the entire insurance industry, we successfully argued against consolidating business-interruption cases stemming from the pandemic.
After battling the DOJ to a deadlock in two trials, an O’Melveny antitrust and white collar team prevailed in a third trial for the former Pilgrim’s Pride CEO, winning his acquittal on charges of conspiring to fix prices in the broiler chicken industry. We also won dismissal of a related securities class action that accused our client of misleading investors.
- Negotiated a global resolution of claims from 48 states and more than 3,000 municipalities accusing pharmaceutical manufacturers of causing the opioid-abuse crisis.
- With US$50 billion on the line, we convinced a California judge that four local governments could not expand public-nuisance laws to address alleged opioid-related harms.
- Convinced the Oklahoma Supreme Court to reverse a trial court’s ruling that called for our client to pay US$465 million for nuisance abatement.
Completed a high-profile investigation on behalf of the audit committee of Mattel’s Board of Directors into allegations by an anonymous whistleblower of an accounting error and questions about the independence of the company’s outside auditor.
Facing a wave of claims over jets allegedly stranded in Russia following that country’s invasion of Ukraine, a prominent multinational insurer turned to O’Melveny to defend it in the largest aviation insurance dispute since 9/11. International aircraft leasing companies are seeking insurance coverage for billions of dollars’ worth of aircraft leased to Russian airlines. The matters are scheduled for trial.
Won summary judgment in a putative antitrust class action that sought US$90 billion in damages for an alleged illegal conspiracy to drive up gas prices.
Conducted a neutral review of a sensitive, high-profile matter related to allegations of workplace misconduct at the team’s practice facility. Following the independent investigation, the team announced the termination of the general manager and took remedial measures.
Served as lead trial counsel to Sempra Energy and subsidiary Southern California Gas Company in defending personal-injury and business claims brought by 36,000 individual plaintiffs and various real estate developers after the October 2015 leak at a gas-storage facility in Los Angeles. We negotiated both a US$1.8 billion agreement to globally resolve the individual plaintiffs’ claims and a series of smaller settlements with real estate developers.
Secured acquittal on all counts for billionaire private equity executive Thomas J. Barrack, Jr., after a highly publicized, two-month federal criminal jury trial. Barrack had been charged with acting as an illegal foreign agent, making multiple felony false statements, and obstructing justice.