Second Circuit Affirms Sabine: New Focus on Horizontal Privity Requirement May Affect Oil and Gas Gathering Agreement Terms
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 180 appeals, including appeals in the U.S. Supreme Court, every federal circuit and numerous state courts.
His breadth and depth of appellate experience and track record of success in high-stakes matters are why clients, including top financial institutions and tech and energy companies, trust Bob with their most important cases.
In 2018, Bob argued to the U.S. Supreme Court in Byrd v. US, regarding the application of the Fourth Amendment to rental cars, and won a 9-0 victory. In July 2018, Bob also won a Second Circuit appeal on an important, multi-million case regarding email phishing. In January, Bob is arguing multiple-billion dollar cases for a leading financial institution in New York’s highest court. Currently, he is lead counsel in several $100+ million appeals in federal and state appellate courts. Bob is also a leader on fintech issues, regularly advising fintech lending platforms, banks and investors.
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 cases 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 involving the interplay of the Takings Clause and bankruptcy law.
Bob’s current and recent work includes matters for Credit Suisse, Microsoft, Johnson & Johnson, Eni, Lending Club, Deloitte, EY, Gannett, Jefferies, Scoggins Group, Medidata, Apple, Intel, and City of Stockton.
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.”
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.
Eni v. Transocean. Representing Eni in $350 million Fifth Circuit appeal regarding the termination of a deepwater oil rig contract.
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.
Teixeira v. County of Alameda. Successfully represented the County in obtaining en banc reversal of the Ninth Circuit panel Second Amendment ruling, which had erroneously invoked heighted scrutiny to zoning laws applicable to gun shops.
Sinotech v. Ernst & Young Hua Ming. Defeated securities fraud action against EYHM, a China-based oil extraction company audited by EYHM.
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.
City of Los Angeles v. Patel. Represented the City in the U.S. Supreme Court, in a Fourth Amendment case regarding police access to hotel registries.
United States v. June. Successfully convinced the U.S. Supreme Court that equitable tolling applies to the Federal Tort Claims Act.
PHL v. Bank of Utah. Secured major 8th Circuit victory for client and investors in life settlement industry, validating the secondary market for life insurance policies.