Kelly V.O'Donnell

Partner

San Diego + 1.858.314.1138

Kelly O'Donnell represents companies in litigation matters, arbitrations, and government investigations throughout the United States. His wide-ranging practice includes antitrust and unfair competition, commercial disputes, patent litigation and licensing disputes, trade secret misappropriation, credit reporting, as well as federal criminal statutes such as the False Claims Act, Anti-Kickback Statute, and Foreign Corrupt Practices Act. He has managed the defense of nationwide class actions and other coordinated proceedings, and he has experience trying cases to verdict and securing victories on appeal. In his government investigation practice, Kelly manages complex, multijurisdictional investigations, and he helps companies develop and maintain effective corporate compliance programs. He is a member of the Executive Board of the San Diego chapter of the Association of Business Trial Lawyers.

Kelly has written and edited publications on topics, including the Foreign Corrupt Practices Act, expert testimony and scientific evidence, and the effective use of early depositions and dispositive motion practice. He was awarded the State Bar of California Wiley W. Manuel award for his successful pro bono representation at trial and on appeal of an individual seeking asylum in the United States. He was included in The Daily Transcript's "40 Under 40" list of young professionals who have made an impact on their industry and community, and Super Lawyers has repeatedly named him among the "Rising Stars" in California.

Experience

  • PGT Innovations acquires NewSouth Window SolutionsJones Day advised PGT Innovations, Inc., a national leader in premium windows and doors, including impact-resistant products, in connection with its $92 million cash acquisition of NewSouth Window Solutions, subject to adjustments.
  • Qualcomm achieves global settlement with AppleJones Day represented Qualcomm Incorporated against Apple Inc. and four contract manufacturers of Apple devices in a lawsuit involving claims for breach of contract and violations of federal antitrust laws and the California Unfair Competition Law.
  • Qualcomm defeats series of appellate writs by Apple in trade secret litigationJones Day represented Qualcomm Incorporated and Qualcomm Technologies, Inc. at the California Court of Appeal's Fourth District in opposing a series of three petitions for writ of mandate or prohibition brought by Apple Inc.
  • Qualcomm pursues patent infringement claims against Apple relating to non-standard-essential patents for mobile electronic devicesJones Day represented Qualcomm Incorporated against Apple Inc. in a patent infringement lawsuit regarding non-standard-essential patents for mobile electronic devices.
  • Qualcomm pursues trade secret and contract claims asserting Apple's misuse of Qualcomm's trade secret software and source codeJones Day represented Qualcomm Incorporated and Qualcomm Technologies, Inc. in a lawsuit asserting trade secret misappropriation and breach of contract claims against Apple Inc.
  • Qualcomm sues Apple for patent infringement on inventions for power saving techniques for mobile devicesJones Day represented Qualcomm Incorporated against Apple Inc. in a patent infringement lawsuit relating to power saving techniques for mobile devices.
  • Qualcomm sues Apple for patent infringement over pioneering smartphone technologyJones Day represented Qualcomm Incorporated against Apple Inc. in a patent infringement lawsuit relating to breakthrough smartphone technologies.
  • Qualcomm defends against Apple's patent infringement claims relating to processor power saving techniquesJones Day is defending Qualcomm Incorporated against Apple, Inc.'s allegations that Qualcomm's Snapdragon processors – CPU/GPU/Baseband Modem System on Chip – infringe a number of Apple's patents directed to power saving techniques for use in processors.
  • Sherwin-Williams defends lead paint actions brought by California cities and countiesJones Day is defending The Sherwin-Williams Company against claims brought by ten of California's largest cities and counties.
  • Experian secures appellate victory against putative class actionJones Day won an appellate victory in the Ninth Circuit Court of Appeals, which affirmed summary judgment for Experian Information Solutions, Inc. in a putative class action alleging violations of the Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq.
  • Experian obtains summary judgment in purported class action alleging violation of Fair Credit Reporting Act based on reporting of payday loansJones Day client Experian Information Solutions, Inc. (“Experian”) obtained a complete victory on summary judgment against a plaintiff purporting to represent a nationwide putative class alleging violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681e(b), based on Experian’s reporting of payday loans that Plaintiff contended were unlawful.
  • Entravision Communications acquires HeadwayJones Day advised Entravision Communications Corporation in its acquisition of Headway, a leading provider of mobile, programmatic, data, and performance digital marketing solutions primarily in Argentina, Mexico, and the rest of Latin America, the United States, Spain, and Israel.
  • ResMed successfully resolves antitrust litigation brought by competitorJones Day represented ResMed Corp. in connection with antitrust litigation brought by 3B Medical, Inc. alleging monopolization and exclusive dealing.
  • Experian wins partial summary judgmentJones Day won partial summary judgment for Experian Information Solutions, Inc. in an action alleging violations of the Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq., and the California Consumer Credit Reporting Agencies Act, Cal. Civ. Code Section 1785.1 et seq.
  • Experian wins appeal in Fair Credit Reporting actionJones Day client Experian Information Solutions, Inc. achieved complete victory in a Ninth Circuit appeal by an individual who had brought an action alleging violations of the Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq., the California Consumer Credit Reporting Agencies Act, Cal. Civil Code Section 1785.1 et seq., and other laws.
  • FoodState defends putative class action lawsuit over allegations related to advertising and food labelingJones Day is defending vitamin supplement maker FoodState, Inc. in a putative class action lawsuit brought by plaintiffs alleging that FoodState's advertising and product labels are misleading.
  • Jones Day San Diego reaches settlement of civil rights claimsPursuant to the Southern District of California’s Plan for the Representation of Pro Se Litigants in Civil Cases, Jones Day San Diego was selected for pro bono representation of Raynard Vallery, the plaintiff in a civil rights action under 42 U.S.C. § 1983.
  • Healthways represented in federal antitrust litigationJones Day represented Healthways, Inc. in federal antitrust litigation involving fitness and wellness benefits.
  • SmartDrive's request for three inter partes reexaminations and one ex parte reexamination granted by USPTO in connection with patents directed to vehicle event recording devicesIn connection with its representation of defendant SmartDrive Systems, Inc. in defending patent infringement and trade secret misappropriation claims relating to in-vehicle video event recorder technologies, Jones Day filed three inter partes reexamination requests under newly enacted standards under the Leahy-Smith America Invents Act, all of which were subsequently granted by the USPTO. 
  • Government contractor advised in investigations resulting in no charges or complaintJones Day represented a government contractor with respect to criminal and civil investigations by the United States Department of Justice, NASA, FBI, Air Force Office of Special Investigations, and the Defense Contract Management Agency (DCMA).
  • Additional Publications

    • January 2018
      The Foreign Corrupt Practices Act in a Global Construction Industry: Corruption Risks and Best Practices, The Construction Lawyer
    • Summer 2016
      Strategic Uses of Early Depositions and Motion Practice, San Diego Ass'n. Bus. Trial Laws. Rep., Summer 2016.
    • 2013
      Expert Evidence in the Ninth Circuit, Scientific Evidence Review – Admissibility and Use Of Expert Evidence In The Courtroom, Monograph No. 9
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