Annual Distressed Round Table: Supreme Court Term Wrap-Up
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 185 appeals, including cases 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 April 2019, Bob argued to the U.S. Supreme Court in Food Marketing Inst. v. Argus Leader Media, 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 January 2019, Bob argued and won a billion-dollar case for a leading financial institution in New York’s highest court. In 2018, he 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-dollar case regarding email phishing. 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 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, Credit Suisse, Microsoft, Gannett, Eni, Lending Club, Deloitte, EY, Medidata, Intel, Renco, and the City of Stockton.
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.”
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 a $200 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.
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.