Dewey & LeBoeuf

Eamon O'Kelly

Partner

Mr. O'Kelly is the coordinator of the New York Antitrust Practice Group and a partner in the New York Office. His principal areas of practice include antitrust, complex commercial litigation, arbitration and contract disputes. He advises in the preparation and trial of complex cases, including jury trials, as well as the representation of clients in connection with Department of Justice, Federal Trade Commission and state attorney general investigations. Mr. O'Kelly has represented and counseled clients in a variety of industries, including the healthcare, pharmaceutical, specialty chemicals, food distribution, banking, insurance, telecommunications, computer, consumer electronics, mining, thoroughbred horse racing and beverage alcohol industries. He is active in the leadership of The American Bar Association Antitrust Section.

Antitrust and Trade Regulation. Mr. O'Kelly advises clients regarding the application of the antitrust laws to proposed and existing business strategies, and represents clients in antitrust litigation. For example, he was one of several Dewey & LeBoeuf trial counsel in a landmark, ten-week Sherman Act jury trial in which the court granted pharmaceutical manufacturer defendants judgment as a matter of law (In re Brand Name Prescription Drugs Antitrust Litigation). More recently, he represented the plaintiff in the trial of Robinson-Patman Act claims involving the food distribution industry. He has also represented a major pharmaceutical manufacturer in a Federal Trade Commission investigation and multidistrict antitrust litigation arising out of a so-called "reverse payment" settlement of a patent dispute. Mr. O'Kelly successfully defended a supplier of in-flight entertainment systems in a Sherman Act Section 2 case. He is currently defending the nation’s leading supplier of anesthesiology services against exclusive dealing claims under Sections 1 and 2 of the Sherman Act and claims of unlawful acquisitions under Section 7 of the Clayton Act. He also currently represents defendants in cases involving allegations of broad-ranging conspiracies to restrain competition in the insurance and potash industries.

General Commercial Litigation. Mr. O'Kelly represents clients in a variety of complex commercial litigation matters. For example, he successfully defended New York Racing Association ("NYRA") in federal and New York State courts against challenges by professional jockey agents to NYRA's rule for jockey representation. He also represented the National Football League Players Association and NFL Players Inc in a case involving commercial licensing of retired professional football players' intellectual property.

Domestic and International Arbitration. Mr. O'Kelly also represents clients in commercial arbitrations. For example, he has successfully represented a large international telecommunications company and its subsidiaries in several International Chamber of Commerce (ICC) and London Court of International Arbitration (LCIA) arbitrations seated in Paris and London. He successfully represented Deloitte Consulting LP in arbitration under the rules of the American Arbitration Association (AAA) of a dispute involving a complex computer project.

Bar Associations, Memberships and Activities

American Bar Association
Section of Antitrust Law
Member, Editorial Board, State Antitrust Practice and Statutes (4th edition)
New York State Bar Association
Member, Executive Committee, Antitrust Law Section

Publications

“Advising the Client on Distribution Questions,” New York Law Journal, with Steven Levitsky (May 11, 2009).
“Twombly: Another Swing of the Pleading Pendulum,” 9 Sedona Conference Journal, with Harvey Kurzweil and Susannah P. Torpey, (Sedona Conference. 2008).
"Lessons from the Microsoft Cases: Applying Antitrust Law to High-Technology Industries," 29 Antitrust Litigator (American Bar Association, 2000).
"Antitrust Enforcement in High Technology Industries: Keeping Cyberspace Safe for Innovators or Just Another Speed Trap on the Information Superhighway?," with Saul P. Morgenstern, 19th Annual Institute on Computer Law (Practising Law Institute, 1999).

Education

New York University School of Law, 1997, J.D., magna cum laude, Note and Article Editor, Journal of International Law & Politics, Order of the Coif,
Vanderbilt Medal
Fordham University, 1993, B.A., summa cum laude