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O'Melveny & Myers LLP

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Michael Tubach

Work +1 (415) 984-8876
O'Melveny & Myers LLP

Work Department

Antitrust and Competition.


Michael Tubach is managing partner of O’Melveny’s San Francisco office and a member of the White Collar Defense and Corporate Investigations and the Antitrust and Competition Practices. Michael focuses on civil litigation and white-collar criminal defense. He represents companies and individuals in criminal, antitrust, securities, and class action disputes and internal investigations. His trial experience includes over 35 trials and 20 appellate arguments. In addition, Michael has served as Chair of O’Melveny’s firmwide Pro Bono Committee.


Law Clerk, Honorable Stephen F. Williams, U.S. Court of Appeals, D.C. Circuit, 1989‑90 Bristow Fellow, Office of the Solicitor General, 1990-91 Assistant U.S. Attorney, U.S. Attorney's Office, Washington, D.C., 1991‑97 Lecturer, First-Year Criminal Law, Fall 2002, University of California, Berkeley, Boalt Hall School of Law; Guest Lecturer, White Collar Criminal Exposure from the Perspective of a Convicted Criminal, Stanford Law School, Spring 2004; Guest Lecturer, Defense and Prosecution of White Collar Crime (Insider Trading), Boalt Hall School of Law, Fall 2003, Fall 2004; Frequent panel speaker on various legal issues, including at the Practicing Law Institute, the Bar Association of San Francisco, and the California State Bar’s Antitrust Section.


Member, Judiciary Committee, Bar Association of San Francisco.


University of California at Berkeley, J.D., 1989: Order of the Coif; Executive Editor, California Law Review University of California at Berkeley, B.A., 1985: with distinction.

United States: Antitrust


Within: Cartel

O’Melveny & Myers LLP is representing Bumble Bee Foods in a DOJ investigation and related class actions connected with its alleged participation in a price-fixing cartel in the packaged seafood space. In a separate matter, the firm advised Samsung on the Korean Fair Trade Commission’s investigation into Qualcomm’s licensing of mobile phone patents, and successfully opposed Qualcomm’s court application for highly sensitive information to be turned over to the KFTC in response to that investigation. Ian Simmons and Richard Parker jointly head the team, which includes Michael Tubach in San Francisco and Ted Hassi.

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Civil litigation/class actions

Within: Civil litigation/class actions

O’Melveny & Myers LLP’s ‘top-drawer’ team includes the ‘thoughtful and preparedMichael Tubach in San Francisco, who leverages his substantial experience of representing clients in cartel investigations to assist with associated class actions. Ben Bradshaw has antitrust litigation experience spanning industries such as aviation, healthcare and financial services. Practice co-chair Ian Simmons is working with Bradshaw to represent Asiana Airlines in an opt-out action brought by Schenker AG, which claims that there was a conspiracy among Asiana and multiple other airlines to inflate surcharges and base rates for air cargo shipping rates. Century City’s Bo Pearl is also recommended. The firm’s merger litigation work is another pillar of the practice; group co-chair Richard Parker, Ted Hassi, Michael Antalics and Katrina Robson acted as litigation counsel to Halliburton in its proposed $28bn acquisition of Baker Hughes, a deal that was eventually abandoned due to the strength of regulatory concerns in the US and EU. Named lawyers are based in Washington DC except where otherwise specified.

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Legal Developments worldwide

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  • Government puts cartel criminalisation back on the table

    The Minister of Commerce and Consumer Affairs, Kris Faafoi, has today tabled the Commerce (Criminalisation of Cartels) Amendment Bill (the Bill ) in the House.
  • Luxembourg introduces draft legislation to create beneficial ownership registers

    Luxembourg’s government has published draft legislation to incorporate into national law the requirements under articles 30 and 31 of the European Union’s Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, better known as the 4th Anti-Money Laundering Directive. Placed before the Chamber of Deputies on December 6, 2017, draft law no. 7217 would establish a central register of beneficial owners of Luxembourg legal entities such as companies and partnerships under the authority of the minister of justice, while draft law no. 7216 would create a similar register of beneficial owners of fiduciary contracts, that is express trusts, under the authority of the Administration de l’Enregistrement et des Domaines, Luxembourg’s indirect tax authority.
  • The new EU regulation on general data protection 2016/679 (“GDPR”)

  • Spouses and tax demands

    6 Mar 2018 at 04:00 / NEWSPAPER SECTION:
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    Putlocker. BitTorrent. PirateBay. Napster. Mediafire.
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    A recent High Court decision marks an important step in the development of the approach to the “Penalty Doctrine” in New Zealand – that is, the principle that contractual provisions which allow parties to punish one another disproportionately are unenforceable. Justice Whata’s judgment in Honey Bees v 127 Hobson Street 1 carefully traverses the recent evolution of the doctrine and provides helpful clarification of its application to contracts in New Zealand.
  • Raspberries and IT: New Sector Inquiries by the Serbian Competition Commission

    The Serbian Competition Commission (the " Commission ") recently finished sector inquiries concerning quite distinct industries – raspberries and the public procurement for software and hardware. The aim behind the inquiries was to perform extensive market research and analysis in order to acquire a clearer picture of the possible antitrust issues and risks in two sectors widely perceived as strategic for the development of the Serbian economy.
  • How open is New Zealand to Open Banking

    This week New Zealand hosts the Digital Nations 2030 to discuss what is required to become a truly digital nation by 2030. Open Banking is a critical first step, but where is it on the Government’s agenda?​
  • The Public Administration Electronic Market: the future of public procurement

    The Public Administration Electronic Market is a digital marketplace, created in 2002 and managed by Consip S.p.A., the Italian central purchasing body, on behalf of the Ministry of the Economy and Finance. Through the Ministry, registered authorities can purchase goods and services offered by suppliers that have been vetted and authorised to post their catalogues on the system for values below the European threshold.
  • Even More Sector Inquiries: Sportswear And Oil Retail Under Scrutiny By The Serbian Commission

    The Serbian Competition Commission (the " Commission ") continues its diligent examination of the Serbian competitive landscape in specific industries, this time with inquiries in two more industries – sportswear (including footwear and sporting equipment) and oil (petroleum products). Once again, the aim behind the market test was to identify potential issues on the relevant markets and provide broader insight into the functioning of the relevant markets.