Professionals

Aaron C. O'Dell

Partner

Overview
Experience
Credentials
Insights & News

Aaron O’Dell is an experienced trial lawyer in Winston’s Dallas and Los Angeles offices that has been described by clients and opposing counsel as “no-nonsense” and a “tenacious tactician.”

Aaron has extensive experience in all aspects of major case litigation and trial work, including trying business and commercial, products liability, mass tort, and employment cases to verdict in both jury and bench trials. Aaron’s litigation experience is also broad, having successfully litigated the aforementioned complex commercial cases, as well as securities and white collar matters to favorable judgments or settlements.

Aaron has served as trial counsel, on trial teams, and on company defense leadership teams for many high-profile clients and matters. Recently, Aaron was on the trial team that successfully defended a leading healthcare company in an important products liability trial related to premature infant formula, which was reported by major media outlets, including The Wall Street Journal and Bloomberg. Aaron has also been recognized for several years as one of the Best Lawyers in America®.

With Aaron’s trial experience, he prepares each aspect of a case – from document discovery, to depositions, to motion practice – with trial in mind, which allows Aaron to litigate cases efficiently to save clients from unnecessary and costly litigation and puts his clients in the best position to either try the case to victory or settle favorably.

Aaron is also extremely adept at counseling general counsel and company executives facing litigation and preparing executives, employees, and experts for deposition and trial testimony.

Aaron has a distinct love for and commitment to trial work and teaching the next generation of lawyers, as Aaron is fortunate to be a visiting professor at the University of Notre Dame Law School, teaching Trial Advocacy, and a member of the faculty of Winston’s Institute of Trial Advocacy and Winston University.

Finally, Aaron is an admirer and a big believer in Theodore Roosevelt’s “Man in the Arena” philosophy and incorporates it into his practice and trial teams:

“It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows the great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.”

- Theodore Roosevelt, “Citizenship in a Republic,” Paris, April 23, 1910.

Key Matters

Some of the experience represented below may have been handled at a previous firm.

Business and Products Liability Litigation

Most recently, was a trial team member that successfully defended a leading healthcare company in an important products liability trial related to premature infant formula.
Co-tried a three-week California Voting Rights Act trial on behalf of a municipal corporation and drafted the subsequent appellate briefs.
Won summary adjudication for an international corporation in a multimillion-dollar environmental contamination matter.
Won complete summary judgment for a manufacturer of dental devices in a product liability action.
Won complete judgment in a breach of contract action brought by a nationally chartered bank.
Won dismissal with prejudice and an award of attorneys’ fees through an anti-SLAPP motion for a Hollywood producer in a breach of joint-venture agreement action.
Assisted in successfully arbitrating breach of contract and related claims for an international wind turbine manufacturer, which resulted in a favorable result for the client and a global settlement of remaining arbitrations.
Assisted in successfully arbitrating breach of contract and royalties-related claims for private equity-backed clothier, which resulted in an award for the client and a global settlement of remaining litigation between the parties.
Successfully litigated a products liability action on behalf of international appliance manufacturer, which resulted in an extremely favorable settlement on the eve of trial.

Securities and White Collar

Achieved dismissal of several actions brought pursuant to Section 10, Section 12 and Section 13 of the Securities and Exchange Acts of 1933 and 1944 for public companies in the manufacturing and technology industries.
Successfully represented the General Counsel of a public company that received a Wells notice by convincing the Securities and Exchange Commission not to file charges.
Successfully represented an individual in an investigation of an allegedly fraudulent healthcare billing scheme brought by the U.S. Department of Justice (DOJ), Criminal Division, Fraud Section, where no charges were filed.

Assisted in representing principals and employees of a corporation in a criminal investigation by NASA’s Office of Inspector General and a related civil action.
Assisted in representing an executive in the financial industry in investigations brought by the DOJ and the Securities and Exchange Commission.
Assisted in representing an executive of an international financial institution in an internal investigation and subsequent criminal investigation.

Employment Litigation

Co-tried a 14-day whistleblower and Fair Employment and Housing Act (FEHA) gender discrimination and retaliation trial for a municipal corporation that resulted in a complete defense verdict for the client.
Successfully mediated a favorable settlement for a municipal corporation in a FEHA age discrimination matter on the eve of trial.
Successfully litigated million-dollar vicarious liability suits on behalf of an international non-profit, which resulted in favorable settlements for the client.
Successfully litigated vicarious liability lawsuits in California and Oklahoma on behalf of rehabilitation centers, which resulted in favorable settlements for the client.

Investigations

Conducted an independent investigation for the City of Pasadena into Cannabis Ordinance and retail license-approval process.
Conducted investigation for a multinational engineering firm into potential improper benefits in hiring executives from the government sector.
Conducted an investigation for the South Coast Air Quality Management District into alleged conflicts of interest.
Assisted in conducting an internal investigation for the Board of Directors of a corporation into alleged breaches of fiduciary duty and contract related to the Los Angeles Auto Show.

Appellate Work

Drafted appellate briefs resulting in favorable published opinions in federal and state court – Butler v. Nat. Comm. Renaissance of California, 766 F.3d 1191 (9th Cir. 2014); Jauregui v. City of Palmdale, 226 Cal. App. 4th 781 (2014).
Drafted a successful petition for writ of mandate to preserve client’s attorney work product from disclosure.

Capabilities

Litigation/Trials

Commercial Litigation & Disputes

Product Liability & Mass Torts

Class Actions & Group Litigation

Government Program Fraud, False Claims Act & Qui Tam Litigation

Securities, M&A & Corporate Governance Litigation

Government Investigations, Enforcement & Compliance