Tom McConville, partner in Orrick’s Los Angeles and Orange County offices, is a nationally recognized trial attorney and focuses his practice on complex business litigation, white collar defense, and internal investigations. Tom has more than 25 years of combined federal prosecutorial and private sector experience. Tom serves as the Managing Partner of the Orange County Office. Tom is a member of the White Collar, Investigations, Securities Litigation & Compliance Group.

In 2012, Tom was honored by California Lawyer Magazine as one of its California Lawyers of the Year for his trial work in the successful representation of MGA in its dispute with Mattel over the Bratz doll line. Tom has also been recognized by Chambers USA for his legal expertise in white collar matters and government investigations.

In addition to his work as a trial lawyer, Tom has conducted internal investigations all over the globe, including for clients with operations in China, Brazil, Mexico, and Chile, and advises them on compliance and disclosure issues related to the Foreign Corrupt Practices Act, the False Claims Act, and trade secret theft. Tom has extensive experience in matters where government agencies, such as the Department of Justice, Securities and Exchange Commission, the Department of Defense and the Federal Trade Commission have turned their focus on his clients. He represents both private and public companies, officers, directors and partners. 

Prior to joining Orrick, Tom served 10 years as an assistant United States attorney focusing on fraud and public corruption prosecutions. During his tenure, he secured convictions and conducted grand jury investigations into elected and other high-ranking officials, defense contracting fraud, computer crimes, trademark infringement, trade secret theft, health care fraud, the False Claims Act and violations of the Foreign Corrupt Practices Act. Also during his tenure, Tom served for three years as the deputy chief of the Southern Division of the Central District of California. He also served on national DOJ working groups focusing on procurement fraud and False Claims Act investigations into health care fraud, and he also lectured to law enforcement agencies on investigative techniques.

In addition, Tom has appellate experience, having briefed and argued numerous cases before the U.S. Courts of Appeal for the Sixth and Ninth Circuits.

  • The following is a sample of his notable engagements/cases.

    • MGA v. Mattel: Co-lead counsel in a three-month jury trial in which the client, MGA, obtained a $309 million judgment, including attorney fees, after the jury found Mattel liable for willful and malicious misappropriation of trade secrets, and a complete defense verdict for MGA on Mattel’s counterclaims, thereby establishing MGA’s uncontested right of ownership of Bratz.
    • United States v. Deller, et al.: Defended at trial the general counsel of an international, publicly traded software company against charges of securities fraud, bank fraud and wire fraud. Following a three-week trial in the U.S. District Court for the Southern District of California, all charges were dismissed after the jury declined to convict (the verdict was in favor of acquittal), and the court declared a mistrial.
    • Internal Investigations: Representation of various publicly-traded companies and committees of the board of directors in conducting internal investigations into compliance with federal legal framework, including federal procurement regulations, the FCPA, and the False Claims Act.
    • Fujitsu v. Tellabs: Lead trial lawyer in patent infringement and validity case.
    • Off-label marketing: Representation of executive of a pharmaceutical company in a government investigation concerning allegations of off-label marketing.
    • FTC enforcement:  Representation of a supply fulfillment company in an FTC enforcement action.
    • SEC enforcement:  Representation of the former president of a for-profit educational institution in an SEC investigation.
    • Campaign Contributions: Representation of an individual in a government investigation into campaign financing.
    • SEC Receivership: Representation of a former director in an SEC investigation and receivership action.
    • United States v. Moran, et al.: Investigation, prosecution and trial involving an army colonel and four others for a scheme to solicit bribes and violate the Procurement Integrity Act by sharing procurement-sensitive information related to the award of Department of Defense contracts in Korea.
    • United States v. Sweeney, et al.: Investigation and prosecution of 10 defendants, including elected officials in the city of Carson, and business executives for soliciting and paying bribes to influence the award of a $35 million waste hauling contract.
    • United States v. Murphy: Two-week trial of defendant who defrauded the United States Air Force by providing substandard aircraft parts for the C-5 transport plane.
    • Negotiated a multimillion dollar settlement for the United States in a case involving a defense contractor’s use of non-United States personnel in performing a contract under the foreign military finance program.