Ken O’Rourke

Ken O’Rourke litigates complex cases, focusing on antitrust and intellectual property disputes. For over thirty years, he has represented established and emerging companies in class actions and other multi-forum civil litigation, government investigations, and antitrust and intellectual property matters, including several spanning international boundaries. He is a California lawyer and a solicitor of the Senior Courts of England and Wales. He understands litigation and investigations both as outside counsel and as in-house counsel, having served as interim Chief Legal Officer of one of the nation’s largest healthcare companies.
Highlights of Ken’s recent practice include:
Representing leading companies investigated by government enforcers and/or sued by class action plaintiffs and civil claimants for allegedly participating in international price fixing cartels Defending AT&T’s merger with Time Warner through litigation and trial brought by the US Department of Justice seeking to block the merger
Representing one of the nation’s leading healthcare insurers in defending antitrust class actions brought by healthcare providers and health insurance subscribers
Defending US Airways’ merger with American Airlines in litigation filed by the US Department of Justice seeking to block the merger
Representing Alaska Airlines in defending its proposed acquisition of Virgin America over allegations of a substantial lessening of competition and anticompetitive effects in a federal court antitrust action filed by travel agents and air passengers seeking to block the acquisition Defending one of the world’s leading semiconductor manufacturers against a decade-long campaign that sought to impose patent royalties worldwide on its industry-standard memory chips Serving as a senior leader of a trial team that obtained a complete defense victory from a San Francisco jury against $12 billion antitrust claims
Representing pharmaceutical companies in FTC investigations and defending class actions by plaintiffs alleging anti-competitive “reverse payment settlements” that delay generic drug competition