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Robert Loeb

Partner

Washington, D.C.

Bob Loeb is a partner in Orrick's Supreme Court and Appellate Litigation practice, specializing in high stakes and complex cases. He has briefed hundreds of cases and has personally argued more than 200 appeals, including cases in the U.S. Supreme Court, every federal circuit and numerous state courts.

The breadth and depth of Bob's appellate experience, and his consistent track record of success in high-stakes matters, are why clients, including top tech and energy companies, trust him with their most important cases.

The National Law Journal’s Litigator of the Week column recently recognized Bob’s appellate major wins in energy and product liability cases for Next Decade, Broadreach Power and Johnson & Johnson. Bob’s recent victories include an amazing win for Next Decade.  Bob was bought in after the D.C. Circuit, mid-construction, vacated the authorization for NextDecade’s $18.4B LNG facility. On rehearing, he persuaded the same three-judge panel to reverse course and allow construction to continue—saving the project from likely financial peril. He also filed an amicus brief for NextDecade in the Supreme Court Seven Counties case that caused the Court to reform the standard for vacatur of a permit or authorization in a NEPA review case. His amazing victory for Next Decade have been recognized by the Fincial Times, which has announced that the handling of the case on rehearing is a finalist for the FT 2025 Innovation Award.

Other recent matters include Fifth Circuit and D.C. Circuit wins for energy clients Freeport, Woodside, Tellurian, Cheniere, Eni and Quantica.  Bod also has obtained major appellate wins for financial institutions (including Am Ex and Credit Suisse), life science companies (including J&J), and high tech companies (including Microsoft and Medidata), and local governments (including Pennsylvania, and the Cites of St. Louis and Stockton). 

These types of big wins in the most challenging cases show why both Chambers and Legal 500 rank Bob among the Country’s top appellate advocates.

Bob has argued before the Supreme Court multiple times (including a 9-0 victory regarding application of the Fourth Amendment to rental cars), and has filed hundreds of briefs in the Supreme Court. He has also handled cases in highest state courts in California, New York, Maine, Kentucky, New Jersey and Pennsylvania.  

Before joining Orrick, Bob served as one of the leaders of an elite appellate group at the Department of Justice. There, in addition to major national security, commercial, and administrative law, Bob supervised bankruptcy appeals. At Orrick, Bob has continued to handle big ticket bankruptcy matters, such as a billion-dollar dispute over whether DHL’s claim was discharged by United’s bankruptcy, appeals from the City of Stockton bankruptcy confirmation, and a Ninth Circuit matter involving the interplay of the Takings Clause and bankruptcy law.

Bob’s recent work includes matters for Johnson & Johnson, Avon, Natura, Microsoft, NextDecade, AmEx, Woodside, Eni, Cheniere Energy, Freeport LNG, Broadreach Power, LS Power, Exxon, the People's Energy Cooperative, AstraZeneca, Medidata, Renco, MSC Cruise Line, TravelCenters of America, and the City of Stockton.

2025 Chambers Review, quotes from clients:

"[Bob] works great with judges, he gets great respect and he is an intellectual powerhouse; he's seen and done it all."

"He has been a great resource to us, a great sounding board with lots of credibility in the appellate space and when he walks into a courtroom."

"Bob Loeb has argued hundreds of appeals and is a very steady hand in rough seas."

Recent Client Letter: " I wanted to make sure to write to you to express our sincere appreciation for the exceptional appellate work your team delivered on our behalf. Your strategic insight, meticulous legal analysis, and persuasive advocacy were instrumental in achieving a successful outcome. No one would have thought that the DC Circuit court would revise its own decision and remove the vacatur but one of the unlikeliest scenarios actually occurred. ***.  It has been a privilege to work with such a talented and dedicated team, and we look forward to continuing our collaboration in the future "

    • NextDecade. Brought in after the D.C. Circuit, mid-construction, vacated the authorization for NextDecade’s $18.4B LNG facility. On rehearing, persuaded the same three-judge panel to reverse course and allow construction to continue—saving the project from likely financial peril. Also, filed an amicus brief for NextDecade in the Supreme Court Seven Counties case that caused the Court to reform the standard for vacatur of a permit or authorization in a NEPA review case.  Our amazing victory for Next Decade have been recognized by the Fincial Times, which has announced that our handling of the case on rehearing is a finalist for the FT 2025 Innovation Award.
    • Woodside/Tellurian. Convinced the Fifth Circuit to reject a challenge to the Driftwood $25B LNG project. Then defeated a challenge to a pipeline that would, in part, be available to provide gas supplies to the LNG facility. 
    • Freeport. Defeated Sierra Club's D.C. Circuit challenges to FERC orders relating to Freeport's LNG facility. 
    • Eni. Successfully represented Eni in its Fifth Circuit appeal of a $300 million award in a dispute regarding the termination of a deepwater oil rig contract.
    • Cheniere. Obtained a stay from the Fifth Circuit of a FERC ALJ proceedings and then won a victory for Cheniere Energy in the court of appeals on the validity of those FERC proceedings.
    • Muldrow v. St. Louis - Represented the City in the U.S. Supreme Court and convinced Court to rejected plaintiff's argument seeking to eliminate the harm requirement for Title VII change of conditions employment discrimination claims.
    • Byrd v. United States. In a unanimous win, the U.S. Supreme Court overruled the court of appeals and held that a violation of a rental-car contract, such as by driving a car even though not listed as an “authorized driver,” does not prevent a person from invoking Fourth Amendment rights against searches of the locked trunk of a car. The ruling is significant precedent for the protection of Fourth Amendment rights.
    • Talc Cases. Representing Johnson & Johnson, Avon and Natura is appeals in New Jersey, California, Pennsylvania, New York, Kentucky, New Jersey, Missouri, and Georgia in talc case (where plaintiffs assert claims talc is contaminated with asbestos and causes cancer). Among results, obtained a complete reversal on appeal of $200M jury verdict in New York, the affirmance of summary judgment in California, and vacatur of $75M judgment in New Jersey. 
    • AmEx. Convinced the Ninth Circuit to enforce to enforce AmEx's arbitration contract with its employees.
    • Travel America.  Convinced the Ninth Circuit to enforce to enforce TA's arbitration contract with its employees.
    • Microsoft v. US. Represented Microsoft in the Second Circuit and in the U.S. Supreme Court 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. The case was described by The Washington Post as one of the “most intriguing, consequential, and complex legal cases having to do with technology now in the courts.”
    • U.S. Bank v. DJL Mortgage. Representing Credit Suisse in a $1.2 billion matter regarding whether a RMBS trustee may bring breach of contracts claims without satisfying the mandatory contract remedial provisions within the statute of limitation period.
    • Pennsylvania v. Philip Morris. Won more than $126 million for the Commonwealth of Pennsylvania in its challenge to an arbitration panel ruling in favor of the tobacco companies, and successfully defended that judgment through the Pennsylvania and U.S. Supreme Courts.
    • Food Marketing Inst. v. Argus Leader Media. Represented Gannett and Argus Leader before the Supreme Court in an important case regarding Exemption 4 of the Freedom of Information Act, which permits the government to withhold “confidential” private-sector “commercial or financial information” within the government’s possession.
    • In re City of Stockton. Won a major constitutional issue of first impression in the City of Stockton’s Chapter 9 bankruptcy. Also, successfully defended confirmation order in the Ninth Circuit Bankruptcy Appellate Panel.
    • 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.
    • Sinopec. Defeated $2B RICO and Alien Tort Statute action brought by an oil pipeline owner against Sinopec, the largest oil company in China.
    • Solar Energy Industry Association v. FERC. Obtained major appellate victory for Broadreach Energy and solar power in this challenge to the certification of the design of the solar facility.
    • PHL v. Bank of Utah. Secured major Eighth Circuit victory for client and investors in life settlement industry, validating the secondary market for life insurance policies.

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