ProfessionalsJane B. O'Brien
Jane B. O'Brien
Partner
Tel: +1-202-223-7327
Fax: +1-202-204-7347
emailjobrien@paulweiss.com
- Practices
- Litigation
- Antitrust
- Securities Litigation
- Practices:
- Litigation
- Antitrust
- Securities Litigation
A Partner in the Litigation Department, Jane O’Brien represents clients in a broad range of commercial matters, with a focus on complex commercial and securities litigation, regulatory defense and antitrust litigation. Jane has participated in the defense of numerous class and individual actions in federal and state courts across the country, as well as Congressional inquiries and regulatory investigations initiated by the DOJ, the SEC, state attorneys general and other administrative or regulatory agencies or bodies. Jane also serves as a hiring partner for the Washington, D.C. office.
EXPERIENCE
Jane's recent representations include:
- Citigroup in multiple regulatory and civil litigation matters across a broad array of the company’s businesses.
- Alere, a medical device and point-of care testing company, in a securities class action in federal court alleging material misstatements and omissions regarding numerous aspects of the company’s business operations and financial statements. The court dismissed all claims except those concerning the recall of a single diagnostic product, and dismissed all claims against one executive.
- News Corporation and certain subsidiaries in a putative class action involving claims of exclusive dealing and monopolization and in an antitrust action brought by a competitor.
- Brixmor Property Group Inc., a publicly traded real estate investment trust that owns more than 500 shopping centers, in a securities class action in federal court arising out of claims that senior executives had engaged in smoothing income items between reporting periods contrary to GAAP.
Jane was recognized in the 2018 edition of The Legal 500 US as a “Next Generation Lawyer” in the Securities Litigation: Defense category.
In pro bono matters, Jane has represented clients in prisoners’ rights, asylum, race discrimination and post-conviction suits and has filed amicus curiae briefs in the United States Supreme Court and United States Courts of Appeals in significant reproductive rights matters.
Jane earned her B.A. from Yale University, with honors, and her J.D. from New York University School of Law, cum laude, where she was also an associate executive editor of the New York University Law Review. Before joining Paul, Weiss, Jane clerked for the Honorable Richard J. Holwell in the United States District Court for the Southern District of New York.
Related Resources
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- Mar 21, 2019
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U.S. Supreme Court Holds That Entities Engaged in Nonjudicial Foreclosure Proceedings Are Generally Exempt from the FDCPA
Yesterday, the United States Supreme Court held that the Fair Debt Collection Practices Act (“FDCPA”) generally exempts entities that merely engage in nonjudicial foreclosure proceedings, in accordance with state law.
Antitrust Month in Review – February 2019
- Mar 11, 2019
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Antitrust Month in Review – February 2019
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Antitrust Month in Review – January 2019
- Feb 07, 2019
- Publications
Antitrust Month in Review – January 2019
In January, there was a notable scarcity of news from the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) because of the U.S. federal government’s lapse in appropriations.
Antitrust Month in Review – December 2018
- Jan 14, 2019
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Antitrust Month in Review – December 2018
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Delaware Court of Chancery Invalidates Federal Forum Selection Provisions for Claims Arising Under the Securities Act of 1933
- Jan 09, 2019
- Publications
Delaware Court of Chancery Invalidates Federal Forum Selection Provisions for Claims Arising Under the Securities Act of 1933
On December 19, 2018, the Delaware Court of Chancery (Laster, V.C) held in Sciabacucchi v. Salzberg et al, C.A. No. 2017-0931-VCL (Del. Ch. Dec. 19, 2018), that federal forum selection provisions contained in the certificates of…
Antitrust Month in Review – November 2018
- Dec 12, 2018
- Publications
Antitrust Month in Review – November 2018
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Antitrust Month in Review – October 2018
- Nov 12, 2018
- Publications
Antitrust Month in Review – October 2018
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The Financial Crisis 10 Years Later: Lessons Learned
- Sep 15, 2018
- Publications
The Financial Crisis 10 Years Later: Lessons Learned
Ten years after the collapse of Lehman Brothers, market participants and other global companies operate in a markedly changed regulatory enforcement and compliance landscape. This memorandum discusses the legal and business…
Pro Bono Client Reunited With Children After Years of Separation
- May 24, 2018
- Client News
Pro Bono Client Reunited With Children After Years of Separation
Earlier this month, Paul, Weiss helped reunite an immigrant client with her two sons after years apart.
United States v. Litvak: Second Circuit Rejects Challenge to the Materiality of Misstatements but Overturns Conviction a Second Time Due to Agency-Relationship Testimony
- May 07, 2018
- Publications
United States v. Litvak: Second Circuit Rejects Challenge to the Materiality of Misstatements but Overturns Conviction a Second Time Due to Agency-Relationship Testimony
On May 3, 2018, for the second time, the Court of Appeals for the Second Circuit overturned the conviction of former Jefferies trader Jesse Litvak for alleged misstatements to an RMBS transaction counterparty.
FTC Gets New Leadership
- May 04, 2018
- Publications
FTC Gets New Leadership
Less than a week after the U.S. Senate voted to approve a full slate of new commissioners to the Federal Trade Commission (FTC), four of those appointees were sworn in to their new positions.
Second Circuit Confirms that Statements of Opinion Need Not Be Accompanied by Disclosure of All Underlying Conflicting Information
- May 03, 2018
- Publications
Second Circuit Confirms that Statements of Opinion Need Not Be Accompanied by Disclosure of All Underlying Conflicting Information
On Tuesday, May 1, 2018, Paul, Weiss obtained a significant victory for Pretium Resources Inc. when the United States Court of Appeals for the Second Circuit affirmed dismissal of a securities fraud class action against Pretium.
Paul, Weiss Submits Amicus Brief in Texas Abortion Case
- Apr 18, 2018
- Client News
Paul, Weiss Submits Amicus Brief in Texas Abortion Case
Paul, Weiss and co-counsel submitted an amicus curiae brief on behalf of 12 international and comparative law scholars in support of the Center for Reproductive Rights’ lawsuit challenging Texas’s omnibus abortion bill, Senate Bill 8…
U.S. Supreme Court Confirms State Court Jurisdiction Over Securities Act Class Actions
- Mar 23, 2018
- Publications
U.S. Supreme Court Confirms State Court Jurisdiction Over Securities Act Class Actions
The U.S. Supreme Court recently resolved a split among state and federal courts about whether the Securities Litigation Uniform Standards Act of 1998 divested state courts of jurisdiction over class actions asserting claims under the…
Second Circuit Rules That Evidence Rebutting Presumption of Reliance Need Not Be Conclusive
- Jan 17, 2018
- Publications
Second Circuit Rules That Evidence Rebutting Presumption of Reliance Need Not Be Conclusive
In Arkansas Teacher Retirement System v. Goldman Sachs Group, Inc., No. 16-250 (2d Cir. Jan. 12, 2018), the Second Circuit vacated the certification of a securities fraud class action due to two errors by the district court in its…
Second Circuit Holds That Direct Evidence of Price Impact Is Not Always Necessary to Establish Market Efficiency Under the Fraud-on-the-Market Doctrine
- Nov 09, 2017
- Publications
Second Circuit Holds That Direct Evidence of Price Impact Is Not Always Necessary to Establish Market Efficiency Under the Fraud-on-the-Market Doctrine
Alere and Abbott Complete $5.3 Billion Merger
- Oct 03, 2017
- Client News
Alere and Abbott Complete $5.3 Billion Merger
Paul, Weiss represented Alere Inc. in its acquisition by Abbott Laboratories. Under the terms of the deal, Alere stockholders received $51 per share of common stock in a deal that valued Alere’s equity at $5.3 billion.
Alere Wins Partial Dismissal of Securities Fraud Claims
- Aug 23, 2017
- Client News
Alere Wins Partial Dismissal of Securities Fraud Claims
Paul, Weiss secured the dismissal of nearly all claims against Alere Inc. brought by a putative class of Alere shareholders.
Public Health Organizations Submit Amicus Brief in Support of Planned Parenthood’s Challenge to Indiana Abortion Law
- Aug 14, 2017
- Client News
Public Health Organizations Submit Amicus Brief in Support of Planned Parenthood’s Challenge to Indiana Abortion Law
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CFPB Adopts a Ban on Arbitration Clauses that Prevent Class Action Litigation
- Jul 19, 2017
- Publications
CFPB Adopts a Ban on Arbitration Clauses that Prevent Class Action Litigation
In a sweeping new rule published today in the Federal Register, the CFPB barred providers of consumer financial products and services from entering into or enforcing contracts that include arbitration clauses precluding class action…
Second Circuit Holds That Ascertainability Requirement Of Class Certification Does Not Include “Administrative Feasibility” And That Extraterritoriality Issues Can Preclude Predominance
- Jul 10, 2017
- Publications
Second Circuit Holds That Ascertainability Requirement Of Class Certification Does Not Include “Administrative Feasibility” And That Extraterritoriality Issues Can Preclude Predominance
In a July 7 decision with significant implications for the global OTC market, the Second Circuit addressed the standards for certifying classes in securities fraud cases. In In re Petrobras Securities Litigation, the Second Circuit…
U.S. Supreme Court Holds That Five-Year Statute of Limitations Applies to Claims for Disgorgement Brought by the SEC
- Jun 06, 2017
- Publications
U.S. Supreme Court Holds That Five-Year Statute of Limitations Applies to Claims for Disgorgement Brought by the SEC
On June 5, the Supreme Court unanimously held that SEC claims for disgorgement are governed by a five-year statute of limitations. The Court rejected the SEC’s position that the claims are not subject to time limits. The decision…
Alere and Abbott Amend Terms of Merger Agreement
- Apr 14, 2017
- Client News
Alere and Abbott Amend Terms of Merger Agreement
As widely reported in the financial press, Paul, Weiss client Alere, Inc. settled its hard-fought merger battle with Abbott Labs.
Supreme Court to Examine Key Question of Securities Fraud Liability Based Solely on Omissions
- Mar 30, 2017
- Publications
Supreme Court to Examine Key Question of Securities Fraud Liability Based Solely on Omissions
Earlier this week, the Supreme Court agreed to hear an important securities case addressing the scope of federal securities law claims based solely on omissions of material information. Petitioners in the case, Leidos, Inc. v. Indiana …
Client Alert: Tenth Circuit Affirms Dismissal of Antitrust Tying and Bundling Claims
- Mar 20, 2017
- Publications
Client Alert: Tenth Circuit Affirms Dismissal of Antitrust Tying and Bundling Claims
The U.S. Court of Appeals for the Tenth Circuit recently affirmed the dismissal of claims by a medical products distributor that two competitors violated antitrust laws by using tying and bundling contracts. The Court’s opinion in…
Client Alert: Supreme Court Nominee Has Taken Skeptical View of Private Securities Fraud Litigation, Agency Deference
- Feb 02, 2017
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Client Alert: Supreme Court Nominee Has Taken Skeptical View of Private Securities Fraud Litigation, Agency Deference
On January 31, President Donald J. Trump nominated Tenth Circuit Judge Neil Gorsuch for the Supreme Court seat vacated by the death of Justice Antonin Scalia nearly a year ago. Though his judicial record in private securities…
Client Alert: Second Circuit Holds That Parties to Standard Lock-Up Agreements in IPOs Do Not Form a “Group” for Section 13(d) and Section 16(b) Purposes
- Nov 08, 2016
- Publications
Client Alert: Second Circuit Holds That Parties to Standard Lock-Up Agreements in IPOs Do Not Form a “Group” for Section 13(d) and Section 16(b) Purposes
A Second Circuit decision on November 3 in Lowinger v. Morgan Stanley rejected a theory that would have impeded the normal process by which trading of newly issued IPO shares is stabilized. In its November 3 ruling, the court…
Litigation Partners Co-Author Article on the D.C. Circuit’s Decision on CFPB’s Constitutionality
- Oct 31, 2016
- Publications
Litigation Partners Co-Author Article on the D.C. Circuit’s Decision on CFPB’s Constitutionality
Firm chair Brad Karp and litigation partners Roberto Gonzalez, Susanna Buergel, Jane O'Brien and Elizabeth Sacksteder co-authored an article entitled, "D.C. Circuit Finds Single-Director Structure of the CFPB Unconstitutional."
Client Alert: D.C. Circuit Rules the Single-Director Structure of the CFPB Is Unconstitutional
- Oct 13, 2016
- Publications
Client Alert: D.C. Circuit Rules the Single-Director Structure of the CFPB Is Unconstitutional
On October 11, 2016, the D.C. Circuit Court of Appeals held in PHH Corp. v. CFPB that the structure of the Consumer Financial Protection Bureau ("CFPB") as an independent agency headed by a single Director violated Article II of the…
In Vivendi Appeal, Second Circuit Rejects Challenge to “Price Maintenance” Theory of Price Impact
- Sep 30, 2016
- Publications
In Vivendi Appeal, Second Circuit Rejects Challenge to “Price Maintenance” Theory of Price Impact
On September 27, 2016, in related appeals arising from a long-pending securities fraud class action against Vivendi, the Second Circuit ruled on several important issues, including the proof necessary to both sustain and defeat…
Client Alert: Second Circuit Expands the IndyMac Rule
- Jul 22, 2016
- Publications
Client Alert: Second Circuit Expands the IndyMac Rule
In two recent federal securities fraud actions stemming from the 2008 financial crisis, the Second Circuit has affirmed that statutes of repose
Client Alert: Second Circuit Rules That Constitutional Challenge to Appointment of SEC Administrative Law Judges Must Be Adjudicated During Review of SEC’s Final Order, and Not in a Separate District Court Lawsuit
- Jun 03, 2016
- Publications
Client Alert: Second Circuit Rules That Constitutional Challenge to Appointment of SEC Administrative Law Judges Must Be Adjudicated During Review of SEC’s Final Order, and Not in a Separate District Court Lawsuit
Tilton v. SEC, No. 15-2103 (2d Cir. June 1, 2016), arose from an action in federal district court brought by Lynn Tilton and her investment firms ("Tilton"), who were respondents in an ongoing administrative proceeding before the …
Client Alert: Second Circuit Strikes Down Imposition of $1.27 Billion FIRREA Penalty, Holds That Government Failed to Prove Countrywide Acted with Fraudulent Intent
- May 31, 2016
- Publications
Client Alert: Second Circuit Strikes Down Imposition of $1.27 Billion FIRREA Penalty, Holds That Government Failed to Prove Countrywide Acted with Fraudulent Intent
On May 23, 2016, the United States Court of Appeals for the Second Circuit reversed a jury's finding of liability and the district court's imposition of a $1.27 billion civil penalty on Countrywide and related defendants…
Client Alert: Eleventh Circuit Applies Five-Year Statute of Limitations to Claims for Disgorgement and Declaratory Relief, Creating a Circuit Split
- May 31, 2016
- Publications
Client Alert: Eleventh Circuit Applies Five-Year Statute of Limitations to Claims for Disgorgement and Declaratory Relief, Creating a Circuit Split
In SEC v. Graham, No. 14-13562 (11th Cir. May 26, 2016), the Eleventh Circuit held that the five-year statute of limitations applicable to SEC enforcement proceedings under 28 U.S.C. § 2462 applies to disgorgement and declaratory…
Client Alert: United States Recommends That the Supreme Court Deny Review in Midland Funding v. Madden
- May 26, 2016
- Publications
Client Alert: United States Recommends That the Supreme Court Deny Review in Midland Funding v. Madden
In its decision last year in Madden v. Midland Funding, LLC, the Second Circuit held that, after a national bank sells its loans to a third party, the National Bank Act no longer preempts state usury laws that would otherwise…
Client Alert: The Sixth Circuit, in Agreement with the Second Circuit, Holds That American Pipe Tolling Does Not Apply to Statutes of Repose
- May 25, 2016
- Publications
Client Alert: The Sixth Circuit, in Agreement with the Second Circuit, Holds That American Pipe Tolling Does Not Apply to Statutes of Repose
On Friday, in Stein v. Regions Morgan Keegan Select High Income Fund, Inc., Nos. 15-5903, 15-905, 2016 WL 2909333 (6th Cir. May 19, 2016), the Sixth Circuit ruled that the tolling doctrine established by American Pipe & …
Litigation Partners Contribute Article on CFPB Arbitration Proposal to Harvard Law School Forum on Corporate Governance and Financial Regulation
- May 24, 2016
- Publications
Litigation Partners Contribute Article on CFPB Arbitration Proposal to Harvard Law School Forum on Corporate Governance and Financial Regulation
Firm chair Brad Karp and litigation partners Roberto Gonzalez, Elizabeth Sacksteder, Jay Cohen and Jane O'Brien co-authored a client memorandum that was featured on the Harvard Law School Forum on Corporate Governance and…
Client Alert: Federal Court Blocks Staples-Office Depot Merger, Finding Sale of Office Supplies to Large Business Customers to Be a Distinct Relevant Market
- May 20, 2016
- Publications
Client Alert: Federal Court Blocks Staples-Office Depot Merger, Finding Sale of Office Supplies to Large Business Customers to Be a Distinct Relevant Market
On May 10, 2016, the United States District Court for the District of Columbia ruled that the Federal Trade Commission successfully established a prima facie case that the proposed merger of Staples and Office Depot was "likely…
Client Alert: CFPB Proposes a Ban on Arbitration Clauses That Prevent Class Action Litigation
- May 09, 2016
- Publications
Client Alert: CFPB Proposes a Ban on Arbitration Clauses That Prevent Class Action Litigation
On May 5, 2016, the Consumer Financial Protection Bureau (CFPB) released a 377-page notice of proposed rulemaking that would prohibit, going forward, banks and a variety of other companies from including in contracts arbitration…
Client Alert: Third Circuit Court of Appeals Affirms Dismissal of Claim that “Loyalty Discounts” Violate Antitrust Laws
- May 06, 2016
- Publications
Client Alert: Third Circuit Court of Appeals Affirms Dismissal of Claim that “Loyalty Discounts” Violate Antitrust Laws
The United States Court of Appeals for the Third Circuit issued a significant opinion in an antitrust case this week, in which it upheld a summary judgment ruling that a pharmaceutical manufacturer's "loyalty discount" contracts…
Client Alert: Executive Order Calls on Agencies to Address Industry Concentration: The Implications for Common Ownership Interests
- May 03, 2016
- Publications
Client Alert: Executive Order Calls on Agencies to Address Industry Concentration: The Implications for Common Ownership Interests
On April 15, 2016, President Obama issued an Executive Order entitled "Steps to Increase Competition and Better Inform Consumers and Workers to Support Continued Growth of the American Economy."
Client Alert: Eighth Circuit Interprets Halliburton II, Holding That Defendants Successfully Rebutted Fraud-on-the-Market Presumption of Reliance by Showing that the Alleged Misstatements Did Not Cause a Stock-Price Increase
- Apr 13, 2016
- Publications
Client Alert: Eighth Circuit Interprets Halliburton II, Holding That Defendants Successfully Rebutted Fraud-on-the-Market Presumption of Reliance by Showing that the Alleged Misstatements Did Not Cause a Stock-Price Increase
On April 12, 2016, in IBEW Local 98 Pension Fund v. Best Buy Co., Inc., the Eighth Circuit interpreted and applied the Supreme Court's decision in Halliburton Co. v. Erica P. John Fund, Inc. ("Halliburton II"), which …
Client Memo: District Court Dismisses Tying and Bundling Claims, Holding that Medical-Surgical Distributor Failed to Show Market Power or Injury to Competition
- Apr 12, 2016
- Publications
Client Memo: District Court Dismisses Tying and Bundling Claims, Holding that Medical-Surgical Distributor Failed to Show Market Power or Injury to Competition
The federal district court for the District of Kansas recently dismissed claims by a medical products distributor that two of its competitors violated the antitrust laws by using tying and bundling contracts to exclude it.
Client Alert: Second Circuit Affirms Dismissal of Sherman Act Claims Based on Failure to Allege a Plausible Geographic Market Definition
- Mar 22, 2016
- Publications
Client Alert: Second Circuit Affirms Dismissal of Sherman Act Claims Based on Failure to Allege a Plausible Geographic Market Definition
In Concord Associates, L.P., et al. v. Entertainment Properties Trust, et al., No. 13-3933-cv (2d Cir. 2016), the United States Court of Appeals for the Second Circuit affirmed the dismissal of a complaint asserting claims under …
Second Circuit Affirms Dismissal of Derivative Action Against Citigroup’s Board
- Oct 02, 2015
- Client News
Second Circuit Affirms Dismissal of Derivative Action Against Citigroup’s Board
The Second Circuit affirmed an order dismissing a shareholder derivative action brought against Citigroup Inc.'s Board of Directors.
Pro Bono Client Obtains Victory in Contested Domestic Violence Trial
- Jun 09, 2015
- Client News
Pro Bono Client Obtains Victory in Contested Domestic Violence Trial
After a contested hearing, the D.C. Superior Court entered a Civil Protection Order (CPO) for our client against her husband (respondent), awarding her all requested relief.
Pro Bono Client Obtains Vacatur of Summary Judgment Order
- Mar 26, 2015
- Client News
Pro Bono Client Obtains Vacatur of Summary Judgment Order
Paul, Weiss achieved a victory for our pro bono client when the Second Circuit vacated an order of the United States District Court for the Western District of New York, Larimer and Telesca, granting summary judgment in favor of…
Paul, Weiss Obtains Civil Rights Settlement for Pro Bono Client
- Sep 25, 2014
- Client News
Paul, Weiss Obtains Civil Rights Settlement for Pro Bono Client
Paul, Weiss obtained a favorable settlement for a client who suffered serious injuries due to corrections officers' misconduct while he was an inmate at Rikers Island. Because of the settlement, the client will be able to afford…
Supreme Court Declines to Overrule or Modify Basic, But Allows Rebuttal of "Price Impact"
- Jun 24, 2014
- Publications
Supreme Court Declines to Overrule or Modify Basic, But Allows Rebuttal of "Price Impact"
The Halliburton Case: Will The Supreme Court Overturn Basic?
- Apr 21, 2014
- Videos
The Halliburton Case: Will The Supreme Court Overturn Basic?
In this video interview, litigation partners Charles Davidow and Jane O'Brien discuss possible outcomes as the U.S. Supreme Court considers Halliburton Co. v. Erica P. John Fund, Inc., including whether the Court might overrule…
Awards & Recognition
Paul, Weiss Partners Receive Law360 Distinguished Writing Award
- Feb 26, 2019
- Awards
Paul, Weiss Partners Receive Law360 Distinguished Writing Award
Firm chairman Brad Karp, corporate partner Mark Bergman and litigation partners Susanna Buergel, Roberto Gonzalez, Jane O’Brien and Elizabeth Sacksteder have been selected to receive the Law360 Distinguished Writing Award at the 2019…
Benchmark Litigation Names Paul, Weiss “Antitrust Firm of the Year”
- Jan 29, 2015
- Awards
Benchmark Litigation Names Paul, Weiss “Antitrust Firm of the Year”
Paul, Weiss has been named Benchmark Litigation's "Antitrust Firm of the Year" for 2015. Litigation partners Aidan Synnott, Jacqueline Rubin and William Michael received the award for the firm on January 29 at the Essex…