Practices:

William T. O'Brien

Partner - Washington, DC

wobrien@mckennalong.com
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1900 K Street NW

Washington, DC 20006-1108

TEL: 202.496.7107
FAX: 202.496.7756

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Experience

William O'Brien engages in complex civil litigation in international tribunals and federal and state courts. O'Brien 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. He also works actively on matters involving U.S. Export Laws and Regulations and suspected violations of export control laws and the Foreign Corrupt Practices Act ("FCPA").

O'Brien is a strong advocate for legal services for the indigent community. He serves on the boards of area non-profit legal service clinics and represents indigent clients in disability and pension claims, landlord-tenant disputes, political asylum and criminal matters.

In recognition for his pro bono work, O’Brien received the American Cancer Society’s "Judicial Advocacy Award for Excellence."

Notable Engagements

International Matters

On behalf of a Fortune 500 company, established jurisdiction in the United States over a foreign entity to enforce an international arbitration award 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 MLA litigation team's argument on appeal holding that "the desire to have portability of arbitral awards" influences a U.S. court's analysis of personal jurisdiction. The case involved an arbitration award worth more than $100 million. See Telcordia Tech, Inc. v. Telkom SA Ltd, 458 F.3d 172 (3d Cir. 2006), cert. denied, 549 U.S. 1206 (2007).
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).
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.
Brought International Centre for Dispute Resolution (ICDR) arbitration of a claim by a foreign consultant against a U.S. multinational company to favorable conclusion.
Provided product liability risk assessment and crisis management counseling to a European 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 defense contractor entering Australian market.
Represented Fortune 100 defense contractor in connection with alleged export control violations stemming from operations in the Middle East and Europe.
Representing Fortune 100 global security company in matter before the Cairo Regional Centre for International Arbitration in Egypt.
Obtained dismissal of suit against a U.S. contractor in federal court brought by a foreign government involving allegations of fraud, FCPA violations, environmental damage, and product liability.

U.S. Representative Matters

Successful recovery of damages for U.S. government contractor in matter before the Civilian Board of Contract Appeals.
Represented 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 more than 7,000 cases throughout the U.S.
Obtained reversal and remand for trial in breach of fiduciary duty matter. Hughes v. Pacific Telesis, 62 Fed. Appx. 771 (9^th Cir. 2003).

Education

J.D., The Catholic University of America Columbus School of Law, 1994
B.S., Boston University, cum laude, 1987

Admitted

District of Columbia
Maryland
U.S. District Court for the District of Columbia
U.S. Supreme Court
U.S. Court of International Trade
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the DC Circuit
U.S. Court of Appeals for the Eleventh Circuit

Publications:

"The Risks of Arbitrating with Foreign Governments," The National Law Journal, (May 31, 2010); Co-Author Allen B. Green and Ivan Bilaniuk.
"In-House Counsel Remains Unprotected by Legal Privilege in EU Commission Investigations Pending Akzo Nobel Appeal," International Law Report, (December 2007); Co-Author Allen B. Green, Ursula Schliessner and Ivan Bilaniuk.
"Enforcement of International Arbitration Awards in U.S. Courts When They Have Been Set Aside by a Foreign Court," International Law Report: Dispute Resolution Update, (December 2007); Co-Author Allen B. Green, Professor Peter Rutledge and Shannon Konn.
"International Arbitration and Multi-National Litigation of Commercial Disputes," (2007); Co-Author Allen B. Green.
"Recent Court Decisions on Arbitration Law," International Law Report: Dispute Resolution Update, (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.

Civic Activities:

Member, American Cancer Society Cancer Action Network's Judicial Advocacy Initiative

Professional Activities:

American Bar Association (International/Litigation Sections)
Bar Association of the District of Columbia (Litigation Section)
British-American Business Association (Member, Board of Directors)
U.S. Council on International Business (Int’l Arbitration Committee)