Legal career
She was a law clerk to Nathaniel R. Jones of the United States Court of Appeals for the Sixth Circuit from 1982 to 1983. She was in private practice in Cleveland,Ohio,from 1983 to 1991,first at Jones,Day,Reavis and Pogue,until 1985,and then with Porter,Wright,Morris &Arthur,where she became a partner,and had a practice with an emphasis on complex corporate and commercial litigations,including intellectual property,securities fraud,trade secrets,shareholder's rights and large-scale coverage disputes. She was chief counsel to the Ohio Attorney General's Office from 1991 to 1993,where she was responsible,under the direction of the Attorney General,for the overall functioning and management of all divisions of the Attorney General's Office,including litigation,law enforcement,legislative activities,policy initiatives and the human resources and administrative aspects of the office. From 1993 to 1994,she was Chief of Staff and First Assistant to the Attorney General,overseeing the work of the office's 350 attorneys and acting as Counsel of Record in the state's more sensitive and complex legal battles. [3]
Federal judicial service
Notable cases
Oracle v. Google
On May 9,2014,the Court of Appeals for the Federal Circuit decided the case of Oracle v. Google (authored by Judge O'Malley). The case raised the question of whether the Java API was eligible for copyright protection. The Federal Circuit reversed a lower court finding for Google by concluding that the API was eligible for protection. The Supreme Court denied review of the case at the recommendation of the Solicitor General. [6] Judge O'Malley wrote the second decision in the second appeal in the case overturning the trial court by holding that as a matter of law Google's use of the Java APIs in its Android Operating System was not fair use. [7]
Return to private practice
One month after retiring from the bench,in April 2022,O'Malley joined Irell &Manella as of counsel at the firm's newly opened Washington,D.C. office. [8] A year later in July 2023,she moved to Sullivan &Cromwell. [9]
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