Practices:

• International
  • FCPA Compliance
  • International Dispute Resolution
• Litigation
  • Business Disputes / Commercial
  • Product Liability and Toxic Tort

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 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.

Notable Engagements

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 MLA 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 a 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.
• Recently obtained significant recovery for a government contractor in breach of contract dispute.

U.S. Representative 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.

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