Robert Loeb

Supreme Court and Appellate

Bob Loeb is a partner in Orrick's Supreme Court and Appellate Litigation practice.    

After clerking for Judge Richard Posner, Mr. Loeb went on to handle the most important appellate cases at the Department of Justice.  The former Acting Deputy Director of the Civil Division Appellate Staff at the U.S. Department of Justice, Mr. Loeb is an accomplished appellate advocate. He 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.  Mr. Loeb was named Special Appellate Counsel for National Security and International Law matters based on his deep expertise on those subjects.  He also served as the Civil Division’s lead supervisor of appellate bankruptcy matters. 

His reputation for winning the unwinnable cases made him the go-to-person for the government’s most significant civil cases. Mr. Loeb has been 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 US$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 US$2 billion RICO and Alien Tort Statute claim.

Among his recent clients have been Microsoft, Sinopec, the Commonwealth of Pennsylvania, DISH, the City of Stockton, Indian Institute of Technology, DHL, Synopsys, KBC Bank, McKinsey & Co., Redwood Trust, MIO Partners, Bank of Utah, Tilden Park, Centerbridge, and Claren Road Asset Management Group.

Robert Loeb
  • Pennsylvania v. Philip Morris.  Winning more than US$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 US$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 US$1.2 billion price fixing claim, where it concealed the claim during the bankruptcy proceeding.
  • DISH v. CenturyLink. Successfully representing DISH in US$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.
Admitted In
  • District of Columbia
Court Admissions
Supreme Court of the United States
    United States Courts of Appeals
    • District of Columbia Circuit
    • First Circuit
    • Second Circuit
    • Third Circuit
    • Fourth Circuit
    • Fifth Circuit
    • Sixth Circuit
    • Seventh Circuit
    • Eighth Circuit
    • Ninth Circuit
    • Tenth Circuit
    • Eleventh Circuit
    • Federal Circuit

    • J.D., cum laude, University of Chicago Law School, 1987
    • B.A., Economics and Political Science, University of Illinois at Urbana-Champaign, 1984
    • Presidential Rank Award
    • Attorney General Distinguished Service Award
    • Attorney General John Marshall Award
    • Stanley D. Rose Memorial Award (the Civil Division’s highest honor).
    • Hon. Richard A. Posner, U.S. Court of Appeals for the Seventh Circuit

    Please do not include any confidential, secret or otherwise sensitive information concerning any potential or actual legal matter in this e-mail message. Unsolicited e-mails do not create an attorney-client relationship and confidential or secret information included in such e-mails cannot be protected from disclosure. Orrick does not have a duty or a legal obligation to keep confidential any information that you provide to us. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.

    By clicking "OK" below, you understand and agree that Orrick will have no duty to keep confidential any information you provide.