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Michael Tubach

Civil litigation and white-collar criminal defense lawyer

Michael Tubach's profile photo
LocationSan FranciscoCalifornia, United States
Current roleManaging Partner of the Firm’s San Francisco office | Chair of O’Melveny’s firmwide Pro Bono CommitteeO'Melveny & Myers LLP · since Mar 2025
Government service8yrsU.S. Attorney’s Office · U.S. Department of Justice (DOJ) · Court of Appeals for the District of Columbia Circuit

About

Michael Tubach 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. He has tried more than 40 cases and argued 20 appeals.

Michael is recognized by numerous legal-ranking guides including Chambers Global, Chambers USA, The Legal 500 US, PLC Which Lawyer, and Best Lawyers in America®, which quote sources who note that Michael is “an expert in white-collar litigation and antitrust and often represents clients in cases involving a combination of both areas, such as criminal cartel matters.” Michael is praised for his “deep and thorough understanding of antitrust law, which is coupled with a patient and proactive work ethic,” and his “reputation as a top-flight trial lawyer for criminal antitrust litigation and cartel work.” For more than fifteen years, he has been named a Northern California “Super Lawyer” and a leader in the field of White Collar Criminal Defense in a survey published in San Francisco magazine.

In addition, Michael has served as managing partner of the Firm’s San Francisco office and as Chair of O’Melveny’s firmwide Pro Bono Committee. He served as President of the Bar Association of San Francisco in 2016.

Roles

Mar 2025–Present
Current role

Managing Partner of the Firm’s San Francisco office | Chair of O’Melveny’s firmwide Pro Bono Committee

O'Melveny & Myers LLP

San Francisco, California

Civil LitigationSecurities LawWhite Collar CrimeCriminal LawAntitrustCorporate LawCriminal Investigation

Jan 1991–Jan 1997
Former role

Assistant U.S. Attorney

U.S. Attorney’s Office, United States Attorneys'​ Offices

(appointed)District of Columbia

Civil LitigationResearchLegal Assistance
Jan 1990–Jan 1991
Former role

Bristow Fellow

U.S. Department of Justice (DOJ), Office of the Solicitor General

(appointed)District of Columbia

Jan 1989–Jan 1990
Former role

Law Clerk

Court of Appeals for the District of Columbia Circuit

(appointed)District of Columbia

Law ClerkResearch

Served as judicial law clerk to the Honorable Stephen F. Williams, researching and drafting opinions, orders, and bench memoranda.

Representative matters

Experience

March 2025

Counsel for the CEO of a multi-billion dollar company in a criminal action alleging price-fixing in the broiler chicken industry, resulting in full acquittal of client after an unprecedented three trials against the Department of Justice. Selected as "Behavioural Matter of the Year – Americas” by Global Competition Review Counsel for National Beef Packing Company, LLC in class action alleging no-poach and wage-fixing agreements in the meatpacking industry Counsel for Ford Motor Company in action alleging agreement to restrict import of Canadian vehicles into the United States Counsel for Hill's Pet Nutrition (a Colgate-Palmolive subsidiary) in class actions alleging antitrust violations among manufacturers of pet foods Counsel for Leoni Wiring Systems, Inc., a manufacturer of automotive wire harnesses, in Department of Justice investigation and numerous related civil class actions Counsel for a leading technology company in an antitrust class action relating to alleged agreements among seven companies not to cold-call each other’s employees Counsel for Espar Inc. in a Department of Justice criminal investigation and related civil class actions regarding parking heaters in commercial vehicles Counsel for Eberspaecher in class actions relating to alleged price-fixing in automotive exhaust systems Counsel for ROHM Co. Ltd. in class action litigation arising out of criminal investigations regarding capacitors and resistors Counsel for MAHLE Behr in class actions relating to alleged price-fixing in automotive air conditioning systems Counsel for Hill’s Pet Nutrition (a Colgate-Palmolive subsidiary) in class actions alleging price-fixing among manufacturers of pet foods Counsel for AU Optronics in connection with its antitrust compliance program and court-ordered monitoring following its conviction for price-fixing Counsel for SK hynix Inc. in industry-wide criminal antitrust investigations and numerous related civil actions into the Dynamic Random Access Memory (DRAM), Static Random Access Memory (SRAM), and Flash markets Counsel for eBay in purported class action by sellers alleging monopolization and attempted monopolization related to the online auction and online payment business Counsel for Hertz Corporation in antitrust class actions relating to the California Travel & Tourism Commission (CTTC) Counsel for DeGussa Corp. (now Evonik) in criminal antitrust investigations and related civil actions Counsel for Chemtura Corporation (formerly Crompton) in various federal and state civil actions alleging price-fixing across an array of chemical products Counsel for Honeywell International, Inc. in antitrust class action alleging monopolization in certain alleged thermostat markets Counsel for Capital One Financial Corporation in purported class action alleging conspiracy to fix over-limit and late payment fees Counsel to a nonferrous metals producer in an investigation by the Department of Justice into potential antitrust violations; investigation closed with no charges filed Counsel for numerous individuals and corporations in criminal antitrust investigations Counsel for JHL Biotech in civil and criminal proceedings relating to alleged theft of trade secrets regarding biologics Counsel for a microwave telecommunications company in an internal investigation relating to a former employee’s alleged bribery Counsel for Super Micro Computer, Inc. in criminal investigation relating to export of computer components to Iran Counsel to private company relating to export control issues involving goods manufactured in China Counsel for individual in criminal matter involving trans-shipment of U.S. goods through Hong Kong to Iran Counsel for Special Committee of Board of Directors of Mercury Interactive relating to dating of stock options Counsel for Ford Motor Company in multiple consumer class actions, including Chamberlan v. Ford Motor Company, brought on behalf of 90,000 California owners of Ford vehicles alleging certain defects Counsel for several former CEOs of public companies in various criminal actions, SEC enforcement actions, securities class actions, and derivative actions Counsel for Golf Trust of America in fraud and breach of contract arbitration, resulting in $6.7 million award in favor of client Counsel for former Young Presidents Organization member in criminal and SEC enforcement action, resulting in dismissal of insider trading charges Counsel for a leading technology company in derivative litigation relating to High-Tech Recruiting and eBooks antitrust actions Counsel in multiple internal investigations representing companies and individuals

Recognition

Honors

Recommended

Who’s Who Legal for Competition

January 2024

Recognition

Chambers USA

January 2024

Recognized by Chambers USA in Antitrust: Cartel (2016-2024); Antitrust (2018-2024); and Litigation: White Collar Crime & Government Investigations (2018-2024)

Recognition

Best Lawyers in America®

March 2025

Recognized by Best Lawyers in America® for Antitrust Law and Litigation - Antitrust in San Francisco, CA (2013-2025)

Recommendation

The Legal 500 US

January 2024

Recommended by The Legal 500 US for Cartel (2016-2017, 2019-2024); Corporate Investigations and White-Collar Criminal Defense (2010, 2012-2013, 2024); and Civil Litigation/Class Actions: Defense (2015-2018)

Recognition

Who's Who Legal

January 2023

Recognized by Who's Who Legal as a Thought Leader in Competition (2023)

500 Leading Litigators in America

Lawdragon

March 2025

Named to the "500 Leading Litigators in America" list for White Collar, Antitrust Litigation by Lawdragon (2022-2025)

Recognition

Chambers Global

March 2025

Recognized as a leading lawyer in Antitrust: Cartel by Chambers Global (2016-2021, 2023-2025)

Recommendation

Who's Who Legal

March 2025

Recommended by Who's Who Legal for Competition (2016, 2018-2019); Investigations (2019); and Business Crime Defense - Corporates (2019)

Publications & speeches

Why Does the Antitrust Division Keep Losing Criminal Trials?,

American Bar Association Antitrust Magazine Volume 38, Issue 2

March 2024

co-authors Anna Pletcher and Kelse Moen

When Silence Is Not Golden: Real World Implications of Non-Parties “Taking the Fifth” in Civil Proceedings

American Bar Association Antitrust Magazine Volume 35, No. 2

March 2021

co-authors Anna Pletcher and Trisha Parikh

DOJ and OSHA Target NDAs that Undermine Whistleblower Protection Laws

O'Melveny & Myers LLP

January 2025

Link

DOJ Revises Guidance for Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations

O'Melveny & Myers LLP

December 2024

Link

DOJ Issues Status Report on Pilot Programs for Corporate Whistleblowers and Compensation Clawbacks and Supplements its Guidance for Evaluating Corporate Compliance Programs

O'Melveny & Myers LLP

September 2024

Link

Global Criminal Enforcement – Recent Trends and Developments,

Fordham Conference on International Antitrust Law and Policy

September 2024

Re-Criminalizing Monopolies,

ABA Cartel & Criminal Practice Bi-Monthly Update — Webinar

September 2024

Antitrust and AI,

USC Global Competition Law Thought Leadership Conference

June 2024

Co-Lecturer, International Antitrust Law

Berkeley Law School

March 2024

Does Economics Matter in Criminal Antitrust Cases?

ABA Antitrust Section Spring Meeting

March 2023