Charles Bachman

Partner

Chuck Bachman is a partner in O’Melveny’s New York office and a member of the Litigation Department.  Chuck is an experienced trial attorney with a particular focus on litigation arising out of the Firm’s Mergers & Acquisitions Practice.  He has extensive experience in the areas of securities, antitrust, corporate governance, and accounting disputes.  Chuck regularly represents investment banks and private equity funds on a broad range of issues arising out of their investment activities.  He also advises boards of directors on fiduciary duty and securities law issues as well as conducts internal investigations.

Illustrative Professional Experience

• Defended numerous injunction proceedings in Delaware Chancery Court and state and federal courts throughout the country arising out of breach of fiduciary duty claims in connection with mergers and acquisitions
• Defended UnitedHealth Group and its independent directors in derivative and securities fraud class actions as well as related SEC and DOJ investigations arising out of alleged options backdating
• Successfully defended Triton Coal Company at trial before the D.C. District Court in an action by the FTC to enjoin its merger with Arch Coal, Inc. under Section 7 of the Clayton Act
• Successfully represented Qwest in securities fraud injunction proceeding brought by bondholders seeking to block multi-billion-dollar exchange offer
• Successfully defended private equity fund in a trial before the Delaware Chancery Court in an action seeking to rescind or reform a merger agreement
• Defended major Canadian software provider in jury trial before the District Court for the Central District of California in a breach of contract action
• Successfully defended Japanese electronic conglomerate in a jury trial against claims of antitrust violations and unfair trade practices
• Defended outside directors in securities class action litigation brought by shareholders of public healthcare company
• Represented major heavy industrial firm in successful defense against hostile takeover attempt.  Subsequently defeated various adversary proceedings brought by unions in bankruptcy reorganization
• Represented numerous private equity portfolio companies in connection with post-closing accounting disputes
• Conducted internal investigation of accounting irregularities at publicly held pharmaceutical firm
• Litigated dozens of post-employment covenant disputes in jurisdictions throughout the United States.  These disputes include both prosecution and defense of alleged breaches of non-competition, non-solicit, and trade secrets covenants
• Argued appeals in the Second, Third, and Fourth Circuits and the Supreme Court for the State of West Virginia
• Represented major Canadian software provider in Sherman Act Section 2 case brought by independent service provider

Professional Activities

Law Clerk,  Honorable John F. Dooling, Jr., US District Court, Eastern District of New York
Admitted to Practice,  US Court of Appeals, Second, Third, Fourth, Ninth, Eleventh and District of Columbia Circuits; US Supreme Court; numerous federal district courts