Daniel M. Petrocelli

LOS ANGELES - Daniel M. Petrocelli is chair of O'Melveny & Myers LLP's trial practice and a vice chair of the firm. The veteran litigator--he's been at O'Melveny since 2000--is often at the center of major legal events.

"It's a great time to be a practicing lawyer," he said. "It's a time of fascinating cases and new and different legal challenges spanning the entertainment, media and tech industries."

In late August, Petrocelli was in a familiar position: near the close of one blockbuster trial and about to start another. He'd just delivered closing argument in a case that could shape the future of the publishing industry, defending Penguin Random House LLC in a U.S. Department of Justice antitrust suit challenging Penguin's proposed $2.2 billion acquisition of Simon & Schuster Inc. The named defendant is Penguin's parent. U.S. v. Bertelsmann SE & Co., 1:21-cv-02886 (D. Columbia, filed Nov. 2, 2021).

The federal bench trial in Washington, D.C. was about to begin post-testimony briefing before U.S. District Judge Florence Y. Pan. In his closing argument, Petrocelli pushed back hard against the government's claim that the proposed deal would undercut authors' earnings.

Referring to a star government witness, Petrocelli said, "I enjoyed listening to Stephen King, but no one is disputing his earnings. There are writers in this market who are billionaires. I mean, Stephen King could buy Simon & Schuster."

Petrocelli wouldn't predict the outcome, but he said, "We should prevail because we have a very strong case."

He had some cause for optimism. Petrocelli won in 2018 in the trial court and on appeal when the government tried to block AT&T Inc.'s proposed $85.4 billion acquisition of Time Warner Inc.

In another matter, Petrocelli is serving as lead trial counsel to rap star Travis Scott, the target of more than 500 lawsuits arising from the November 2021 Astroworld Festival founded by Scott in Houston at which a fatal crowd crush led to the deaths of 10 attendees.

The cases are being coordinated in a multi-district litigation proceeding in Texas.

"I always wanted to be able to maintain a general litigation trial practice, and I'm proud to have accomplished that goal in a world of uber-specialization," Petrocelli said. "The different industries and issues you confront are all stimulating in their own right."