Whitney O’Byrne is a first-chair trial lawyer who represents technology companies, growth-stage startups, life sciences companies, and institutional clients in complex, high-stakes litigation. She handles disputes spanning intellectual property, class actions, trade secrets, product liability, and commercial litigation.

Whitney recently served as lead counsel in a landmark DMCA Section 1202 jury trial in Hartford, CT, holding a multibillion-dollar statutory damages claim to less than 1% of the amount sought.

Her broader trial experience includes a multidistrict antitrust case in the Southern District of New York, several patent trials in the Northern District of California and District of Delaware, criminal trials in California and New York, and multiple JAMS and AAA arbitrations. Whitney is also a NITA trial skills instructor and has taught trial advocacy at multiple levels for over 10 years.

In the emerging artificial intelligence space, Whitney helped lead trial efforts in a landmark copyright class action involving a leading generative AI company that resolved in a $1.5 billion settlement. The case presented novel questions regarding fair use and large language model training, positioning her at the forefront of industry-defining AI litigation.

Clients rely on Whitney not only for courtroom advocacy, but also for strategic counseling in the lead-up to trial, including risk assessment, expert development, and dispositive motion practice.

Whitney serves as Hiring Partner for Morrison Foerster’s Los Angeles office, where she plays a central role in recruiting and integrating litigation talent. She also co-founded the firm’s Middle East North Africa (MENA) Affinity Network and serves on the boards of the Southern Center for Human Rights and Neighborhood Legal Services of Los Angeles County.

Before joining Morrison Foerster, Whitney most recently practiced at a premier litigation boutique, where she worked on trade secrets, legal malpractice, and class action litigations for companies ranging from early-stage startups to established technology companies. Whitney also served as a law clerk in the Eastern District of New York.

Representative Experience

• Representing major healthcare company in trade secrets litigation concerning remote patient monitoring.
• Representing leading online and mobile marketplace in class action litigation alleging employee misclassification.
• Representation of victim and witness in connection with prosecution of Michael Avenatti for extorting Nike.
• Representation of a Fortune 100 investment bank in connection with DOJ investigation.
• Representation of large Japanese bank with respect to investigations conducted by multiple regulators.
• Representation of Argentine sports marketing agency in connection with various investigations related to FIFA corruption.