Supreme Court Agrees to Review Constitutionality of CFPB’s Funding, But Not on an Expedited Basis
3 minute read | March.01.2023
Washington, D.C. Office
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 190 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 Broadreach Power and Johnson & Johnson. Bob’s recent victories also include Fifth Circuit wins for energy clients Cheniere and Eni. In the Cheniere-Midship case, Bob obtained an emergency stay from the court oof appeals of the regulating agency proceedings and, then after oral argument, achieved a full victory. And for Eni, Bob convinced the Fifth Circuit to vacate a $300M judgment against Eni in a dispute with another energy company. 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 and New Jersey.
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, Microsoft, Eni, Cheniere Energy, Freeport LNG, Broadreach Power, LS Power, Exxon, Medidata, Renco, MSC Cruise Line, Golden 1 Credit Union, Credit Suisse, TravelCenters of America, Gannett, and the City of Stockton.
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.
Eni v. Transocean. Representing Eni in a $300 million Fifth Circuit appeal regarding the termination of a deepwater oil rig contract.
Midship v. FERC. Obtained a stay for Fifth Circuit of FERC ALJ proceedings and then won a victory for Cheniere Energy in the court of appeals on the validity of those FERC proceedings.
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.
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.
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.”
Olson v. Johnson & Johnson. Represented Johnson & Johnson in challenge to $300M jury verdict in talc case, and obtained a complete reversal on appeal, convincing the appellate court that the evidence did not support finding that use of talc causes mesothelioma.
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.
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.
Sun v. Sinopec. Defeated $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.
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.
3 minute read | March.01.2023