Robert A. Rosenfeld

Partner
Antitrust & Competition

Robert Rosenfeld, a partner in Orrick’s San Francisco office, is the chair of the firm’s Antitrust and Competition Group.

Mr. Rosenfeld’s practice focuses on antitrust, complex commercial litigation and financial institutions. For more than a decade, he has represented Microsoft Corporation in numerous antitrust proceedings in California and elsewhere in the United States and abroad. In addition, he provides advice regarding antitrust issues to companies in Silicon Valley. He also has advised major health insurance companies and has litigated a number of cases involving the application of antitrust principles in the health care marketplace.

Mr. Rosenfeld’s practice also includes complex business litigation, principally on behalf of major financial institutions. He has represented and counseled special litigation committees in the conduct of internal investigations and the prosecution and defense of derivative litigation. In 2011, Competition Law 360 listed him as one of 15 U.S. lawyers identified in a survey of corporate counsel as providing exceptional client service in antitrust matters.

His notable cases include the following:

  • Microsoft Corporation. Represents Microsoft Corporation in numerous antitrust actions in California and elsewhere in the United States and abroad.
  • The Kohler Company. Represented Kohler in various antitrust matters in the engine and plumbing fixtures markets.
  • Texas Instruments. Represented Texas Instruments in antitrust litigation involving standard-setting and portfolio licensing practices.
  • Bank of America. Represented Bank of America in litigation concerning personal trustee charges and practices as well as in litigation arising out of alleged irregularities in the bank’s corporate trust operations.
  • Bank of America. Argued and won a major National Bank Act preemption case in the California Supreme Court.
  • KPMG International. Represented KPMG International in several matters arising out of the Orange County bankruptcy.
  • Bank of America. Directed a team of lawyers defending Bank of America in litigation arising out of a loan servicing failure in the secondary market for guaranteed student loans.
  • California Vision Services. Served as lead counsel in antitrust actions involving state and federal monopolization claims as well as challenges to allegedly exclusionary contractual relationships with suppliers and distributors.
  • Delta Dental. Litigated several state and federal antitrust actions involving challenges to Delta’s contractual relations with its member dentists and to the inclusion of most-favored-nation clauses in its contracts.
  • Pacific Gas & Electric Co. Represented the Special Litigation Committee of Pacific Gas and Electric Company in connection with an investigation into the construction and operation of the Diablo Canyon Nuclear Power Plant as well as in the defense and ultimate settlement of a derivative action relating to that facility.
  • Sun Microsystems, Inc. Represented the Special Litigation Committee of Sun Microsystems in derivative litigation arising out of an unprecedented challenge to the settlement of a major securities action.
  • Seattle First National Bank. Represented Seattle First National Bank in litigation against its former officers and directors arising out of the failure of Penn Square Bank in Oklahoma. The representation resulted in a stipulated judgment for US$110 million against the former officers and directors and a trial against the D&O insurance carrier from whom substantial damages were ultimately recovered.

From 1986 until 1992, Mr. Rosenfeld traveled to the Soviet Union on a number of occasions to participate with Soviet lawyers and academics in projects involving commercial matters and human rights issues.

Before joining Orrick, Mr. Rosenfeld practiced at Heller Ehrman LLP.

Robert Rosenfeld
Admitted In
  • California
Court Admissions
Supreme Court of the United States
    United States Court of Appeals
    • Third Circuit
    • Fourth District
    • Seventh Circuit
    • Ninth Circuit
    • Federal Circuit
    United States District Court
    • Central District of California
    • Northern District of California
    United States Court of Federal Claims

      Education
      • J.D., cum laude, Managing Editor, Harvard Law Review, Harvard Law School, 1976
      • B.A., First Class Honors, Rhodes Scholar, University of Oxford, 1973
      • B.A., Highest Distinction, Public Affairs, The George Washington University, 1971
      Honors
      • Named a national and California "Litigation Star" for Antitrust by Benchmark: Litigation, 2014
      • Included in The International Who's Who of Competition Lawyers & Economists 2014
      • Included in The International Who's Who of Business Lawyers 2014
      • Named as one of America's leading lawyers for Antitrust, Chambers USA, 2003-2014
      • Named one of The Best Lawyers in America, Antitrust Law, Bet-the-Company Litigation and Commercial Litigation, 2006-2014
      • Recognized by Legal 500 United States 2013 for antitrust expertise
      • Recommended by the 2012 PLC Cross-Border Competition Handbook
      • Recommended by PLC Which Lawyer for Competition/Antitrust expertise in 2012
      • Included in Who's Who Legal, Commercial Litigation, 2007-2012
      • Named a 2011 Client Service All-Star by the BTI Consulting Group, a research firm devoted to general counsel issues
      Clerkships
      • Hon. Warren E. Burger, Chief Justice of the U.S. Supreme Court
      • Hon. Marvin E. Frankel of the U.S. District Court for the Southern District of New York
      Memberships
      • American Bar Association
      • State Bar of California
      • American Bar Foundation, Fellow
      • Pacific Council on International Policy, Western Partner – Council on Foreign Relations
      • Sutter West Bay Medical Foundation, Board of Directors/Executive Committee
      • Sutter West Bay Hospitals, Board of Directors/Executive Committee
      • Consensus Building Institute (MIT), Board of Directors
      • San Francisco Neighborhood Legal Assistance Foundation, Board of Directors, 1995-2002
      • The George Washington University, Board of Trustees, 1987-2003
      • World Affairs Council of Northern California, Board of Trustees, 1998-2004
      • Bar Association of San Francisco, Board of Directors, 1996-1999

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