Bob Loeb is a partner in Orrick's Supreme Court and Appellate Litigation practice, specializing in high stakes and complex cases.

Bob frequently represents and advises high-tech companies, financial institutions, marketplace lending platforms, alternative investors, tribes, and state and local governments.

He is an accomplished appellate advocate. Bob has handled hundreds of cases before the court of appeals and the Supreme Court, and has personally argued more than 150 appeals, including appeals in every federal circuit and numerous state courts. After clerking for Judge Richard Posner, Bob went on to handle the most important appellate cases at the Department of Justice, where he served as Acting Deputy Director of the Civil Division Appellate Staff, and as Special Appellate Counsel for National Security and International Law.

At the Department of Justice, Bob was involved in some of the most ground-breaking cases in recent history, including Ashcroft v. Iqbal (where the Supreme Court redefined the civil pleading standards to require a plaintiff to plead sufficient facts to show a plausible claim) and Kiobel v. Cape Flattery (where the Court rejected extraterritorial application of the Alien Tort Statute). He has continued his run of success at Orrick, including winning more than $126 million for the Commonwealth of Pennsylvania in its battle against the big tobacco companies, scoring a major appellate victory on the marketability of life insurance policies, and defeating a $2 billion RICO and Alien Tort Statute claim.

Among his recent clients have been Microsoft, ExxonMobil, Credit Suisse, Citi, Prosper, PwC, Ernst Young, Gannett, Jefferies, HealthNet, Charles Schwab, Sinopec, the Commonwealth of Pennsylvania, DISH, the City of Stockton, Indian Institute of Technology, WNET, DHL, Synopsys, MIO Partners, the Ute tribe, and the County of Alameda.

  • Pennsylvania v. Philip Morris. Winning more than $126 million for the Commonwealth of Pennsylvania in its challenge to an arbitration panel ruling in favor of the tobacco companies.
  • PHL v. Bank of Utah. Securing major 8th Circuit victory for client and investors in life settlement industry, validating the secondary market for life insurance policies.   
  • In re City of Stockton. Winning a major constitutional issue of first impression in the City of Stockton’s Chapter 9 bankruptcy.  Currently, representing the City on appeal of confirmation order.
  • Microsoft v. US. Representing Microsoft in its challenge to the Government’s effort to force the company to turn over customer “cloud” email content held on servers located in a foreign country, without informing the customer or the country at issue.
  • Sun v. Sinopec. Defeating $2 billion RICO and Alien Tort Statute action brought by an oil pipeline owner against Sinopec, the largest oil company in China.
  • DHL v. United Airlines. Defeated United’s efforts to escape liability for a $1.2 billion price fixing claim, where it concealed the claim during the bankruptcy proceeding.
  • DISH v. CenturyLink. Successfully representing DISH in $30 million contract dispute with a bundler of its services.
  • Hedges v. Obama. Obtaining reversal the district court order enjoining military detention authority enacted by the National Defense Authorization Act.
  • Vance v. Rumsfeld. Before en banc 7th Circuit, winning broad rejection of damage claims asserted by former military detainees.
  • City of Los Angeles v. Patel. Representing the City in the U.S. Supreme Court, defending police access to hotel registries.
  • US v. June. Representing tort victim in the U.S. Supreme Court, defending the application of equitable tolling to the Federal Tort Claims Act.
  • Kiobel v. Cape Flattery, Ltd. Supreme Court amicus brief for the United States addressing whether the Alien Tort Statue can be used to sue corporations and whether it can apply to torts that take place in other countries.
  • Ashcroft v. Iqbal. Supreme Court holds that allegations of improper motive are not sufficient to state a discrimination claim and that the civil pleading standards require a plaintiff to plead sufficient facts to show a plausible claim.

Posts by: Robert Loeb

The Gorsuch Nomination: The Return of the Business Friendly Court?

 

President Donald Trump nominated Judge Neil Gorsuch, a federal appellate judge on the Tenth Circuit Court of Appeals, to fill the Supreme Court seat of Justice Antonin Scalia. Our Supreme Court and appellate team, led by partner Bob Loeb, took a look at Judge Gorsuch’s track record as a judge on key business issues like securities litigation, arbitration and bankruptcy, to speculate on his future as a potential justice. To read the full article, please click here.

Supreme Court Hears Oral Argument in Jevic on Whether Distribution of Settlement Proceeds May Depart From Statutory Priority Scheme

 

The United States Supreme Court heard oral arguments on December 7, 2016 in Czyzewski v. Jevic Holding Corp. The case poses a question that has divided the Second, Third, and Fifth Circuits: Whether a bankruptcy court may authorize the distribution of settlement proceeds in a way that departs from the statutory priority scheme in the Bankruptcy Code, including through a so-called “structured settlement.” READ MORE

Supreme Court to Resolve Circuit Split Over Structured Dismissals

 

The Supreme Court again will be addressing the powers of bankruptcy courts. At the end of the term, the Court granted certiorari in Czyzewski v. Jevic Holding Corp. to decide whether a bankruptcy court may authorize the distribution of settlement proceeds in a way that violates the statutory priority scheme in the Bankruptcy Code.  No. 15-649, 2016 WL 3496769 (S. Ct. June 28, 2016).  The Supreme Court is expected to address this fundamental bankruptcy issue sometime early next year. READ MORE

Not So Fast – Supreme Court Holds Prepetition Fraudulent Transfer Precludes Post-Petition Discharge in Husky International

One of the goals of the Bankruptcy Code is to provide a debtor with a fresh start. The discharge of prepetition debts at the conclusion of a bankruptcy case is one of the most important ways to attain this fresh start.  On May 16, 2016, the Supreme Court made it harder for debtors to obtain a fresh start by broadening an exception to discharge.

Section 523(a)(2)(A) of the Bankruptcy Code provides that an individual debtor is not discharged from any debt “for money, property [or] services … to the extent obtained by false pretenses, a false representation, or actual fraud[.]” Circuits split as to whether actual fraud under Section 523(a)(2)(A) requires an affirmative misrepresentation; the Fifth Circuit had held that this was a necessary element to prevent discharge, but the Seventh Circuit had held that “actual fraud” encompassed a broader range of behaviors.

The Supreme Court resolved this split, rejecting the Fifth Circuit’s narrow interpretation and finding that the term “actual fraud” does not need to include an affirmative misrepresentation by the debtor. With this broader reading, debtors will be unable to discharge prepetition debts where there is evidence that they inappropriately siphoned of their assets prior to filing for bankruptcy. Husky Int’l Elecs., Inc. v. Ritz, No. 15-145, 2016 WL 2842452 (U.S. May 16, 2016). READ MORE