Kelly V.O'Donnell

Partner

San Diego + 1.858.314.1138

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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

  • Experian wins summary judgment, court finds plaintiff's FCRA claims time-barredJones Day client Experian Information Solutions, Inc. secured a summary judgment victory in the United States District Court for the Eastern District of Pennsylvania as the court dismissed all of plaintiff's Fair Credit Reporting Act ("FCRA"), 15 U.S.C § 1681, et seq., claims as time-barred.
  • Medical device manufacturer receives favorable advisory opinion from HHS-OIGJones Day advised a durable medical equipment device manufacturer in obtaining a favorable advisory opinion (Advisory Opinion 22-13) from the Department of Health and Human Services, Office of Inspector General, in connection with its offering of zero-interest financing to qualified customers.
  • Hardwood manufacturer obtains dismissal with prejudice in Southern District of CaliforniaJones Day successfully defended a manufacturer of hardwood flooring in a putative class action in the U.S. District Court for the Southern District of California, involving claims that client's flooring products are defective and that its advertising violates California's consumer protection laws.
  • Medical device manufacturer obtains successful resolution of multiple government investigationsJones Day successfully represented a medical device manufacturer in obtaining a combined settlement of qui tam False Claims Act cases filed in four federal districts, which alleged violations of the federal health care Anti-Kickback Statute.
  • 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 defends Apple's patent infringement claims relating to processor power saving techniquesJones Day defended 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.
  • 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.
  • 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.
    • View All

    August 2022 Commentary

    Eighth Circuit Requires But-For Causation for False Claims Act Suits Alleging Kickbacks

    July 2022 Commentary

    HHS-OIG Approves Provision of Zero-Interest Financing to Medical Device Customers

    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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