Pomerantz Wins Ninth Circuit Reversal of Forescout Dismissal

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Brian O’ Connell
Of CounselBrian P. O’Connell joined Pomerantz as an Associate in August 2021 and was elevated to Of Counsel in August 2024. He focuses his practice on securities and financial services litigation. As Of Counsel, Brian has spearheaded several of the firm’s critical securities class actions, winning decisions that expand investor rights in the process. Notably, he led a case against synthetic biology company Ginkgo Bioworks (“Ginkgo”), alleging that the company provided false and misleading information regarding its revenue, customers, and value prior to its merger with a special purpose acquisition company (“SPAC”). Under his leadership, Pomerantz secured a favorable $17.75 million settlement for investors.
In March 2024, Brian successfully survived a motion to dismiss another de-SPAC case against Grab Holdings, Inc., known as the Uber of Southeast Asia, delivering oral argument that preceded the Court upholding claims under Section 11 of the Securities Act and Section 14(a) of the Securities Exchange Act. In May, 2025 the case achieved final approval for $80 million.
Brian also took a leading role in Glazer Capital Management, L.P. et al. v. Forescout Technologies, Inc. et al., which in July, 2025 reached a stipulated settlement agreement with Defendants and was preliminarily approved shortly thereafter ($45 million).
Additionally, Brian was instrumental in litigating and settling three recent Pomerantz cases that achieved final settlement approval: telecommunications giant Sprint Corporation ($3.75 million), biopharmaceutical company Orphazyme A/S ($2.5 million), and energy and oil company Berry Corporation ($2.5 million).
Before joining Pomerantz’s Chicago office, Brian was an associate at Cafferty Clobes Meriwether & Sprengel LLP, where he focused on antitrust and commodity futures litigation. He has successfully handled complex class actions related to securities and the manipulation of futures and options contracts.
Brian also worked with the Financial Industry Regulatory Authority (FINRA) as a contractor, concentrating on options trading regulation. After law school, he served as a legal fellow in Judge Marvin E. Aspen’s chambers at the United States District Court for the Northern District of Illinois.
Brian is deeply passionate about finance and securities law, with prior internship experience at both the Chicago Board Options Exchange and Susquehanna International Group. He has also served as Vice Chair of the Chicago Bar Association Securities Law Committee and was recently recognized as a Super Lawyers® Rising Star.
While earning his Juris Doctor from Northwestern University Pritzker School of Law, Brian worked with the Center on Wrongful Convictions, where he successfully argued in court on behalf of a client serving a life sentence who was later exonerated.
Show MoreNotable Cases
Grab Holdings, Inc.
On May 15, 2025, Pomerantz secured final court approval of an $80 million settlement that the firm negotiated for investors in Grab Holdings...
Read MoreGinkgo Bioworks
Pomerantz Finalizes Settlement on Behalf of Ginkgo Bioworks Investors On December 13, 2024, the United States District Court for the Northern District of...
Read MoreIn re Grab Holdings Limited Securities Litigation
Glazer Capital Management, L.P. et al. v. Forescout Technologies, Inc. et al.
Stuart v. Ginkgo Bioworks Holdings, Inc.
Solomon v. Sprint Corporation, et al.
Busic v. Orphazyme A/S, et al.
Torres v. Berry Corporation, et al.
Publications
- “Q&A with Of Counsels Brian O’Connell and Christopher Tourek,” The Pomerantz Monitor, Vol. 22, Issue 1, January/February 2025
Credentials
Education
- Northwestern University Pritzker School of Law
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- Juris Doctor
- Executive Articles Editor for The Journal of International Human Rights Law
- Teaching Assistant at the Northwestern Center on Negotiation and Mediation
- Stanford University, Bachelor of Arts
- Editor-in-Chief of The Stanford Review
- California
- Illinois
- United States District Courts for the Central and Northern Districts of California
- the Northern District of Illinois
- the Eastern District of Wisconsin
- United States Court of Appeals for the Ninth Circuit
Accolades
- Super Lawyers® Rising Star (2021-2025)