Kenneth R. O’Rourke litigates complex cases and represents clients in high-stakes US and international disputes. For over thirty years, he has represented established and emerging companies in class actions and other multi-forum civil litigation, “bet the company” cases, government investigations, and antitrust and intellectual property matters, including several spanning international boundaries.
He is a California lawyer, also based in Washington DC, and a solicitor of the Senior Courts of England and Wales. He understands client goals both as outside counsel and as in-house counsel, having served as interim Chief Legal Officer of one of the nation’s largest healthcare companies.
Highlights of Ken’s recent practice include:
- Representing leading companies investigated by government enforcers and/or sued by class action plaintiffs and civil claimants for allegedly participating in international price fixing cartels
- Defending AT&T’s merger with Time Warner through litigation and trial brought by the US Department of Justice seeking to block the merger
- Representing one of the nation’s leading healthcare insurers in defending antitrust class actions brought by healthcare providers and health insurance subscribers
- Defending US Airways’ merger with American Airlines in litigation filed by the US Department of Justice seeking to block the merger
- Representing Alaska Airlines in defending its proposed acquisition of Virgin America over allegations of a substantial lessening of competition in a federal court antitrust action filed by travel agents and air passengers seeking to block the acquisition
- Defending one of the world’s leading semiconductor manufacturers against a decade-long campaign by a Silicon Valley startup that sought to impose patent royalties worldwide on industry-standard memory chips
- Serving as a senior leader of a trial team that obtained a complete defense victory from a San Francisco jury against $12 billion antitrust claims
- Representing pharmaceutical companies in FTC investigations and defending class actions by plaintiffs alleging anti-competitive “reverse payment settlements” that delay generic drug competition
Ken’s legal leadership experience includes formerly serving as chair of the California State Bar Antitrust & Unfair Competition Law Section, formerly leading O’Melveny’s Los Angeles litigation practice, and counseling the Board and company executives of a 22,000-employee health insurer while leading its five-state legal division.
He currently chairs the Antitrust Litigation Forum and serves as a vice chair of the ABA Antitrust Section’s Program Committee.
- Lead counsel defending against numerous direct and indirect purchaser class actions alleging illegal price fixing and/or coordinated supply restraints under federal and state antitrust and unfair competition laws
- Lead counsel defending against lawsuits filed by dozens of State Attorneys General on behalf of state and local governments and state citizens (parens patriae) asserting federal and state law claims as direct and indirect purchasers of allegedly price fixed products
- Lead counsel defending against large direct action antitrust lawsuits brought by settlement class “opt outs” who purchased billions of dollars of allegedly price fixed or supply restrained products
- Counsel for semiconductor manufacturer pursuing monopolization and unfair competition claims in federal court against a semiconductor technology licensing firm charged with abusing a computer industry standard setting process, with related proceedings in the International Trade Commission, Federal Trade Commission, and the European Commission
- Counsel for a leading international accounting firm charged with RICO and unfair competition in class actions brought by putative classes of all depositors worldwide of a failed international financial institution; federal court’s dismissal of plaintiffs’ claims upheld on appeal
- Representing a leading US airline in federal court in defending its proposed acquisition of another airline in an antitrust action commenced by travel agents and air passengers seeking to block the acquisition in 2016
- Representing client Humana in defense of litigation by the US Department of Justice seeking to block the merger with Aetna in 2016
- Lead counsel for an aircraft cargo systems manufacturer in successfully pursuing patent infringement claims against an aircraft parts supplier
- Counsel for a leading computer manufacturer defending against business and technology claims brought by a start-up microprocessor developer for alleged breach of fiduciary duty, breach of contract, and misrepresentation
- Lead trial counsel representing an insurance company prevailing in a series of state and federal court proceedings and five-week arbitration involving the ownership and lease of a Los Angeles high-rise office building
- Solicitor, England and Wales
- District of Columbia
- Loyola Marymount University, J.D., 1985: St. Thomas More Law Honor Society; Editor-in-Chief, Loyola International and Comparative Law Journal
- University of California, Los Angeles, B.A., 1982
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