Partner, Washington DC
1900 K Street NW
Washington, DC 20006-1108

TEL: 202.496.7107
FAX: 202.496.7756
EMAIL: wobrien@mckennalong.com

PROFILE

William O'Brien engages in complex civil litigation in international tribunals and federal and state courts. Will has successfully litigated numerous commercial and government contract related disputes, and product liability matters. He litigates at the trial and appellate level and is experienced in class action and multi-district litigation.  He has experience in enforcement and defense against judgments from international courts.  Additionally, he has successfully defended corporate clients in a variety of government investigations.

Will is a strong advocate for legal services for the indigent community. He serves regularly on the advisory boards of area non-profit legal service clinics. He has represented indigent clients in a variety of cases, including disability and pension claims, landlord-tenant disputes, political asylum and criminal matters.

International Matters

• Representing a Fortune 500 company, established jurisdiction in the United States over a foreign entity in an international arbitration award enforcement action under the New York Convention. Faced with a novel issue involving both international arbitration law and Constitutional due process, the Third Circuit adopted a key aspect of the McKenna litigation team's argument on appeal. The Third Circuit reversed the district court and held that "the desire to have portability of arbitral awards" influences a U.S. district court's analysis of personal jurisdiction. The case involved an arbitration award valued at well over $100 million. See Telcordia Tech, Inc. v. Telkom SA Ltd, 458 F.3d 172 (3d Cir. 2006), cert. denied, __ S. Ct. __, No. 06-663, 2007 WL 506053 (U.S. Feb. 20, 2007).
   
• Represented a Fortune 500 company in an International Court of Arbitration (ICC) administered arbitration involving a dispute between international commercial services provider and foreign government.  Favorable resolution in matter involving several hundred million euros.
   
• Represented Multinational company in International Centre for Dispute Resolution (ICDR) arbitration of a claim by a foreign consultant against a U.S. multinational company.  Resolved favorably.
   
• Representing a Multinational company in U.S. federal court matter involving defamatory statements and interference with business opportunities throughout Europe and the United States.  Secured reversal and remand of the case.  See Jankovic v. International Crisis Group, 494 F.3d 1080 (D.C. Cir. 2007).
  
  
• Provided product liability risk assessment and counseling to a Canadian company operating in North America, Europe and Asia.
  
  
• Successfully represented several Canadian companies in multiple breach of contract disputes centered on public-private partnerships.
   
• Provided product liability and litigation risk assessment to Fortune 500 company entering Australian market.

U.S. Matters

• Recently obtained significant recovery for a government contractor in breach of contract dispute;
  
  
• Representing major U.S. company against multi-million dollar wrongful death claims involving anthrax;
  
  
• Represented a Fortune 100 client in an intensely litigated environmental insurance recovery case, resulting in favorable settlements with multiple insurers.
  
  
• Senior member of National Counsel team on behalf of a pharmaceutical manufacturer in the multi-forum "fen phen" litigation, managed local counsel in hundreds of matters.

Publications

• International Law Report, “In-House Counsel Remains Unprotected by Legal Privilege in EU Commission Investigations Pending Akzo Nobel Appeal,” Co-Author Allen B. Green, Ursula Schliessner and Ivan Bilaniuk, December 2007;
• International Law Report: Dispute Resolution Update, “Enforcement of International Arbitration Awards in U.S. Courts When They Have Been Set Aside by a Foreign Court,” Co-Author Allen B. Green, Professor Peter Rutledge and Shannon Konn, December 2007;
• “International Arbitration and Multi-National Litigation of Commercial Disputes,” Co-Author Allen B. Green, 2007;
• International Law Report:  Dispute Resolution Update, "Recent Court Decisions on Arbitration Law,” July 2006, Co-Author Allen B. Green; 
• "Buy American: A Primer For Canadian Defense Companies" Vanguard Magazine, November 2003;
• "Cost-Effective Management of Foreign Litigation" Metropolitan Corporate Counsel, September 2003;
• "Liability When a Manufacturer's Warnings are Ignored or Disobeyed." LJN's Product Liability Law & Strategy, July 2003;
• "Are Communications Between Attorneys and Public Relations Advisors Privileged?" LJN's Product Liability Law & Strategy, January 2002;
• "Dietary Supplement Makers, Sellers: Guard Against an Increase in Liability Suits," Leader Publications Product Liability Law & Strategy, April 2000.