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Sep. 15, 2021

Daniel M. Petrocelli

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O’Melveny & Myers LLP

Petrocelli, who chairs O’Melveny’s trial practice, has long been known as one of the nation’s busiest and most in-demand litigators. During the pandemic, of course, he rarely could go to court, so he spent much of his time counseling and advising clients.

That’s about to change.

“I have no fewer than 10 trials set over the next year or so,” he said. “There’s quite a bit of pent-up demand.”

First up: a trademark case in August for regular client Skechers USA Inc. in the U.S. District Court in Manhattan. Soon after that, Petrocelli will go into “a trial in Dallas, followed by a trial in the state court of New York, followed by a trial in Los Angeles, and so on and so on,” he said. “It’s just packed end to end.”

Over his long career, Petrocelli has tried many headline-grabbing cases. His next trial of that sort is set for January, when he will defend Sempra Energy and the Southern California Gas Co. in the first bellwether trial over the 2015 Aliso Canyon natural gas leak. As often happens, he was brought in late to the case as it heads to trial. Consolidated Southern California Gas Leak Cases, JCCP4861(L.A. Super. Ct., filed Feb. 8, 2016)

Petrocelli has often represented businesses and individuals from the entertainment and related industries. In one such case that could go to trial next year, he is defending Google in antitrust litigation alleging the Google Play Store is anticompetitive. In re Google Play Developer Antitrust Litigation, 3:20-cv-05792 (N.D. Calif., filed Aug. 17, 2020).

He won an important victory in April for client DirecTV by convincing a court to send long-running antitrust litigation over the packaging of National Football League games to arbitration. National Football League’s “Sunday Ticket” Antitrust Litigation, 2:15-ml-02668 (C.D. Calif., filed Dec. 10, 2015).

In an important music industry antitrust case, he represents a startup performance-rights organization in litigation that describes ASCAP and BMI as monopolists, he said. “It’s an important case, and we’re looking forward to getting our day in court soon.” Global Music Rights LLC v. Radio Music License Committee Inc., 2:16-cv-09051 (C.D. Calif., filed Dec. 16, 2016).

As for the year ahead, “stay tuned,” Petrocelli said. “Courtrooms are opening up, trials are taking place, and it’s shaping up to be a whirlwind couple of years.”

— Don DeBenedictis

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