Luke O'Brien

Luke has litigated a broad range of complex commercial matters in state and federal court, including securities and antitrust class actions, stockholder derivative actions, contract disputes, and a contested bankruptcy. Luke also has experience representing individuals and companies in investigations by the U.S. Department of Justice, the Securities and Exchange Commission, and other state and federal agencies. He has represented leading companies, boards of directors, and senior executives in the finance, healthcare, media, and technology industries.

Luke served as a judicial law clerk for United States District Judge I. Leo Glasser in the Eastern District of New York. Before attending law school, he worked in the Legal Policy Section of the Antitrust Division of the U.S. Department of Justice in Washington, D.C.

  • Successfully represented a leading media and technology company in a high-stakes international broadcast licensing dispute. Following a nine-day bench trial in the Southern District of New York, the court rejected all claims against the company and awarded the company $17.4 million on its breach-of-contract counterclaims, plus attorneys’ fees and costs.
  • Successfully defended a virtual healthcare provider and its executives and directors in a putative securities fraud action and a parallel derivative action in which shareholders—following a #MeToo scandal that resulted in the resignation of a senior executive—alleged that the company had materially misstated its policies governing workplace conduct. Secured dismissals of all claims in both actions.
  • Successfully represented leading technology company in connection with an SEC investigation relating to accounting and financial reporting issues. The investigation was terminated without any enforcement action against the company.
  • Represented a virtual healthcare provider in a putative securities class action in New York state court in which plaintiff alleged that the company had made material misstatements about potential membership growth in a registration statement and prospectus issued in connection with a merger.
  • Represented seventeen financial institutions, including the lead underwriter, in a securities class action and related opt-out actions filed in the District of New Jersey against a pharmaceutical company for which the financial institutions were initial purchasers of $15 billion of senior notes issued in Rule 144A private placements as well as underwriters of a $1.45 billion secondary offering of common stock. This matter addressed an issue of first impression in the Third Circuit; the court dismissed all claims related to the Rule 144A offerings.
  • Represented a leading U.S. financial institution in an investigation being conducted by the U.S. House Committee on Financial Services.
  • Represented a leading financial institution in connection with a criminal investigation by a U.S. Attorney’s Office relating to cross-border transactions and anti-money laundering controls.
  • Represented a global financial institution in class actions concerning the setting of Interbank Offered Rates (IBORS) in multiple currencies.
  • Represented a gas appliance manufacturer in a supply contract dispute.

Luke has a long commitment to pro bono work.  Among other pro bono representations, Luke has represented a victim of domestic violence in a divorce and custody action; plaintiffs challenging the constitutionality of the Trump Administration’s travel ban; the National Women’s Law Center as amicus curiae before the U.S. Supreme Court in a case regarding contraception coverage regulations under the Affordable Care Act; and the New York State Bar Association as amicus curiae before the New York Court of Appeals in a case regarding adoption by same-sex couples.