With an extensive history of working big-time cases spread
across a diverse array of fields, O'Melveny & Myers boasts
expertise in a little bit of everything, with the firm's litigation
team leading the way. Long rooted in California-where it maintains
a quintet of offices-OMM has branched out in all directions and now
handles everything from entertainment law to M&A.
Growing with L.A.
The O'Melveny story starts way back in 1885 when Henry W.
O'Melveny and Jackson Graves founded a partnership in Los Angeles.
The fledgling firm gained traction through its work on land
litigation surrounding the ownership of California's Spanish
haciendas and its handling of the legalities of hydroelectric
power, which helped to transform the arid basin of Los Angeles into
a sprawling, car-centric metropolis. The firm underwent a total of
nine name changes, and after Judge Louis J. Myers was hired as a
lateral partner, became O'Melveny & Myers in 1939. During World
War II, the firm reeled in several major military contractors-some
of whom remain on the client list. Postwar investment drove the
growth of OMM's transactional practice, as Henry's son John kept
the family business thriving (the firm grew into one of the world's
largest by the time he retired in 1974).
The following half-century brought exponential growth as the
firm added offices in new cities foreign and domestic and grew from
100 to 1,000 attorneys, gathering awards and recognition galore
along the way. Much of this expansion and rise to prominence has
been credited to the late Warren Christopher-who served as firm
chairman from 1982 to 1992, following stints in the administrations
of Presidents Johnson and Carter and prior to his turn as U.S.
Secretary of State under President Clinton. OMM has a presence in
seven countries spread over three continents and has counted former
cabinet members of two U.S. presidents among its ranks.
In 1977, OMM hired William T. Coleman, Jr.-who had helped the
country move toward desegregation 23 years prior as a lead
strategist for the plaintiffs in the landmark Brown v.
Board of Education of Topeka, Kansas. In accepting the offer,
Coleman became the firm's first African-American partner, as well
as its first laterally hired partner in a half-century. A former
secretary of transportation under President Ford, Coleman recently
retired from the firm after working out of OMM's Washington, DC
office as a senior partner and counselor for more than 38
Prominent on the Beltway and in the
OMM boasts impressive political connections. The firm's former
Chairman Arthur B. Culvahouse, Jr., former White House Counsel to
President Ronald Reagan, is often called to assist with the vetting
and confirmation processes of DC hopefuls. Culvahouse has been
credited with preparing former Supreme Court justice David Souter
for his Senate confirmation hearings and former Defense Secretary
Robert Gates for his role as CIA director under President George
H.W. Bush. He also handled the VP vetting process for Senator John
McCain during his ill-fated 2008 presidential campaign. Partner
Danielle Gray, who was Former Cabinet Secretary and Senior Advisor
to the President and Associate Counsel to the President in the
Office of the White House Counsel, played a lead role in the
successful confirmation processes for Justices Sotomayor and Kagan.
Walter Dellinger-Clinton Administration acting Solicitor
General-and Tom Donilon-former National Security Advisor to the
President-are also on the firm's roster. Many of the firm's alums
have gone on to serve in illustrious government positions,
including former White Collar Defense and Corporate Investigations
partner Alejandro Mayorkas, who currently serves as the Deputy
Secretary of Homeland Security; former Appellate practice chair Sri
Srinivasan, who has served as Principal Deputy Solicitor General of
the United States and is currently a Judge of the United States
Court of Appeals for the DC Circuit; and former White Collar
Defense and Corporate Investigations partner Jeremy Maltby, who
recently served in the Office of the White House Counsel. The firm
backs up its connections with its skills in front of the bench.
Century City partner Daniel Petrocelli is known as the attorney who
successfully sued O.J. Simpson for the wrongful death of Ronald
Goldman. Petrocelli also represented Jeffrey Skilling in his
criminal prosecution arising out of the collapse of the Enron
Corporation. Los Angeles partner Carolyn Kubota is undefeated in
more than 20 trials, most recently handing a loss to the SEC in an
alleged securities fraud case. The Firm's New York-based Chair,
Bradley Butwin, is a top securities litigator.
OMM's corporate groups are booming as well. For example, in 2014
alone, O'Melveny's M&A team advised clients on more than 400
transactions with an aggregate deal value of approximately US$100
billion-placing the firm among the top five most active firms in
numerous domestic and international categories in Mergermarket's
year-end league tables. The firm represented long-time studio
client Warner Bros on numerous strategic transactions-including its
US$273 million cross-border acquisition of the international
businesses of Netherlands-based television producer Eyeworks and
its investment in wildly popular digital content company Machinima.
It also advised on high-profile private equity transactions, from
billion-dollar fundraisings for Colony Capital, Helios, and Freeman
Spogli to multiple investments for Avenue Capital, Coller Capital,
GIC, Goldman Sachs, Macquarie, and MHR.
IN THE NEWS
O'Melveny defeated class certification on a multibillion-dollar
price-fixing claim against Samsung and other defendants. In October
2014, the Northern District of California denied class
certification as to both direct purchasers and indirect purchasers
in an antitrust MDL in which major manufacturers of Optical Disk
Drives (ODD) and products containing ODDs were alleged over a
six-year period to have conspired to fix prices and to have engaged
in bid rigging. The Ninth Circuit denied the plaintiffs' petition
for permission to appeal in January 2015.
All About IPOs
O'Melveny served as underwriters' counsel in Lending Club's US$1
billion-plus initial public offering-the second largest IPO by a
U.S. technology company in 2014 and one of the 10 biggest tech
offerings ever. The IPO is also the first public offering for an
alternative lender, and stands at the intersection between the
traditional financial services sector and the emerging peer-to-peer
technology sector. Lending Club is the world's largest online
marketplace connecting borrowers and investors, and its marketplace
has facilitated over US$6 billion in loan originations.
O'Melveny secured a complete dismissal of a federal class action
against the owners, producers, broadcaster, and sponsors of the
long-running hit television show "American Idol." The suit was
brought by 10 former contestants who alleged they were disqualified
from the show due to discrimination toward African-American males.
The Southern District of New York granted O'Melveny's motion to
dismiss the case in its entirety, agreeing with O'Melveny that nine
of the 10 plaintiffs' claims were untimely and that the remaining
plaintiff failed to sufficiently allege a claim under 42 U.S.C.
A Patent Force to Reckon With
O'Melveny prevailed in an appeal before the United States Court of
Appeals for the Federal Circuit brought by Hitachi Consumer
Electronics Co Ltd. in a complex patent infringement lawsuit
against O'Melveny's client, Top Victory Electronics Co. Ltd. of
Taipei, Taiwan. The underlying technology relates to broadcasting,
receiving, adjusting and recording digital television signals. Top
Victory prevailed at trial in April 2013 before a jury in the
Eastern District of Texas, defeating all of Hitachi's claims and
invalidating two of Hitachi's asserted patents. The appellate panel
affirmed the trial court judgment in September 2014.
Electricity in Bloom
O'Melveny represented Bloom Energy in its equity financing by
Exelon Corporation, the largest U.S. producer of nuclear power, of
a portfolio of base load fuel cell electricity generators with 21
megawatts of capacity to be located at 75 commercial facilities in
the states of California, Connecticut, New Jersey, and New York.
This transaction represents a first-of-its-kind, long-term
strategic partnership by Bloom Energy with Exelon to install Bloom
Energy Servers to meet surging demand for distributed generation by
buyers, such as AT&T.
We Have A Deal
O'Melveny represented Dealertrack Technologies, Inc. in its US$1
billion cash and stock acquisition of Dealer.com, a leading
provider of comprehensive digital marketing solutions and services
for the automotive retail industry. Dealertrack and its web-based
software solutions and services enhance efficiency and
profitability for all major segments of the automotive retail
industry, including dealers, lenders, OEMs, third-party retailers,
agents, and aftermarket providers.