Quinn emanuel trial lawyers

Oliver, Dale H.

Dale H. Oliver

Partner

  Biography

Mr. Oliver has successfully litigated complex commercial disputes both in the United States and internationally (England, Germany, The Netherlands, Australia, Belgium, France and Taiwan, for example), involving a wide-range of issues, such as antitrust, joint ventures, RICO and government contracts (foreign and domestic).  He has arbitrated a number of matters recently before the American Arbitration Association, the London Court of International Arbitration, and the International Chamber of Commerce.  Mr. Oliver is a leading litigator in all aspects of U.S. government contracts, and in particular has focused on complex accounting issues arising out of qui tam suits, internal company investigations, prime/subcontractor disputes, and cost allowability issues.

Mr. Oliver previously has been a partner in Washington, D.C. with the firms of Gibson, Dunn & Crutcher; Jones Day; and Crowell & Moring.  He is listed in numerous editions of Who’s Who in America, Who’s Who in the World, and Who’s Who in American Law.  He has written extensively on government contract matters in legal publications.

  Representative Clients

  • Most recently, in commercial disputes, Mr. Oliver has represented CNA, GKN PLC, Lockheed Martin, The Academy of Motion Picture Arts and Sciences, Penn National Gaming, IBM, Motorola and Metropolitan Water District of Southern California.  His government contracts clients have included The Parsons Corporation, TRW, Hughes Aircraft, Ford Aerospace, Northrop, Honeywell, United Technologies and E-Systems, among many others.

  Notable Representations

  • Represented Hughes Aircraft in federal litigation in Australia, leading to a $25 million settlement upon a published opinion by the Federal Court that Australia had breached its contract with the U.S. company and committed fraud.  The court, for the first time in Australia, found that the contract included an implied obligation of good faith and fair dealing.
  • Represented General Motors in its highly publicized lawsuit against Volkswagen for theft of intellectual property upon the departure of Ignacio Lopez to Volkswagen, resulting in a $1.1 billion settlement upon the federal district court’s finding that it had civil RICO and antitrust jurisdiction over the German automaker and its subsidiaries.
  • Represented Hughes Aircraft in an arbitration before the London Court of International Arbitration and won a $25 million award for breach of a teaming agreement for the radar systems for the European Fighter Aircraft.
  • Represented DIRECTV in obtaining from the United States Supreme Court a reversal of the California Court of Appeals on the proprietary of classwide arbitration under the Federal Arbitration Act; on remand from the United States Supreme Court, the California Court of Appeal held that whether an FAA arbitration agreement permits classwide arbitration must be determined by the arbitrator, not the courts, reversing long-standing decisions under California law.
  • Represented DIRECTV and obtained a complete defense decision in a two-week arbitration brought by a television production company alleging over $14 million in damages for shows it contended were cancelled or not produced in violation of the parties' agreements.
  • Represented DIRECTV at the Court of Appeals and in California Superior Court, both granting an anti-SLAPP motion and dismissing with prejudice a class action complaint alleging extortion and unfair business practices arising out of DIRECTV's anti-piracy campaign.
  • Represented DIRECTV in getting a dismissal on the pleadings of a class action antitrust case alleging theories of monopolization, horizontal and vertical price fixing, illegal exclusive distribution, and restricted output, relating to the sale and distribution of NBA and NHL games via satellite broadcasting.
  • Represented Hughes Aircraft in obtaining a dismissal against both the United States government and the relator in a qui tam False Claims Act case alleging mischarging under government contracts.
  • Represented TRW Inc. in defending against mischarging allegations in a qui tam False Claims Act case taken over by the Department of Justice and successfully resolved criminal issues pertaining to this case, which had been the subject of a grand jury proceeding.
  • Represented TRW Inc. in the first United States government "mini-trial", with the resulting settlement resolving significant contract interpretation issues between the parties relating to the TDRSS satellite communications system being leased by NASA.
  • Represented CNA in assisting to structure a large class action lawsuit relating to credit reporting services that implicated excess insurance coverage.

  Education

  • Harvard Law School
  • (J.D., cum laude, 1972)
    • Harvard Journal on Legislation:
      • Editor, 1971-1972
    • Ames Moot Court Competition:
      • Winning Team, 1971-72

  • Michigan State University
    (B.A., highest honors, 1969)

  Admissions

The State Bar of California; The Bar of the District of Columbia

  Prior Associations

  • Office of the General Counsel, in the Area of Procurement Law:
    • Former Attorney/Advisor to the Secretary of the Air Force

  • Jones, Day, Reavis & Pogue:
    • Member, 1979, 1987-1992

  • Gibson, Dunn & Crutcher:
    • Member, 1984-1987

  • Crowell & Moring:
    • Member, 1979-1984

Publications and Lectures

  • "Address before the First Annual Judicial Conference of the United States Court of Appeals for the Federal Circuit,"  reprinted in 100 F.R.D. 523
  • "Mini-Trial Successfully Resolves NASA-TRW Dispute," Legal Times, September 6, 1982
  • "A Critical Analysis of OFPP's Proposal for a Uniform Federal Procurement System: Reducing Competition in the Government Marketplace,"  29 Fed. Bar News & J. 112 (1982)
  • "A Further Analysis of OFPP's Continuing Effort To Change the Competitive Forces in the Government Marketplace,"  29 Fed. Bar News & J. 421 (1982)
  • Co-author, "Financing Government Contracts,"  86-7 Gov't Contractor Briefing Papers (Fed. Pub. 1986)
  • "Preparing for the Storm: Certified Financial Statements Portend a Wave of SEC Investigations," California Lawyer, October 2002

Professional Activities

  • Member, The American Bar Association:
    • Vice Chairman, Procurement Fraud Committee, Public Contract Law Section
  • Member, The Academy of Motion Picture Arts and Sciences
  • Chairman, Pasadena Arts and Culture Commission
  • Past Editor, Public Contract Law Journal
  • Past President, Washington, D.C. Chapter of Michigan State University Alumni Association
  • Past President, Board of Directors, Boy Scouts of America-Los Angeles Council