Trials

Obtained a favorable jury verdict defeating claims that that Align, maker of Invisalign, monopolized the market for clear aligners. Competitor ClearCorrect alleged that Align had engaged in anticompetitive conduct for years to block it and the rest of the aligner companies from competing in the market.

Won a five-day bench trial in an ERISA case, defeating claims by a class of 250,000 current and former Lowe’s employees that AON Hewitt breached its fiduciary duty to participants in Lowe’s 401(k) plans.

In an important win for Amgen, we prevailed at trial in patent litigation over the multiple myeloma cancer drug Kyprolis®, ensuring that it would remain free from generic competition for years to come.

Represented California Resources Corporation (CRC) in a bench trial over constitutional issues related to Monterey County Measure Z, which would have prohibited wastewater and energy companies from operating their businesses in a manner previously authorized by the State of California. O’Melveny successfully showed that Measure Z violated CRC’s due process rights and was an unconstitutional taking of property. 

Convinced a federal jury to reject entirely FICO’s $21 billion copyright-infringement claim and prevailed in subsequent breach-of-contract damages trial, with jury awarding less than 10% of damages sought.

Obtained a complete victory for medical device maker C. R. Bard in a three-week jury trial, demonstrating that the company did not violate antitrust laws by selling its cardiovascular catheters together with a special tool for ensuring proper insertion.

Won a bet-the-company trial for real estate consultancy Townsend Group and two of its partners, convincing a Texas jury that the plaintiff—a pension system—bore primary responsibility for buying hundreds of millions of dollars of real estate just before the 2008 financial crisis.

Stepping in just before trial, won a jury verdict for the tech giant, defeating patent infringement claims against Google’s popular smart-home Nest Hub devices. 

Secured a sweeping trademark trial win against an unrelated consumer electronics manufacturer, Hyundai Technologies, selling low-quality products bearing the Hyundai mark.

Secured a win for what was previously US Airways in a closely watched re-trial of a landmark monopolization and rule-of-reason two-sided market case brought against travel-booking company Sabre Corp.

• 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 $465 million for nuisance abatement.

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.

In collaboration with the Public Interest Law Center of Philadelphia and the Education Law Center of Pennsylvania, convinced judge that the state constitution requires the equitable distribution of education resources for all children, and that the state was not meeting this standard.

Convinced a state court judge to reject after a two-week bench trial a billionaire’s $140 million insurance claim for alleged damage to five high-value artworks following an attic fire at his East Hampton estate.