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A seasoned litigator with nearly 30 years of experience, Bob has handled an array of jury and non-jury trials and commercial arbitrations. His experience includes cases involving class action litigation, commercial contracts, mergers & acquisitions, real estate transactions, land use, stockholder rights, corporate governance, fiduciary malfeasance, trade secrets and business torts.
Though Bob has handled cases across the country, he has particular experience in the U.S. District Court for the Eastern District of Virginia and the Virginia state courts. He also has extensive appellate experience, having argued important appeals before the United States Courts of Appeals for the Fourth and District of Columbia Circuits, the Virginia Supreme Court, and the District of Columbia Court of Appeals.
Bob is a frequent speaker and author on legal ethics and real estate. Prior to joining Hirschler Fleischer, Bob was a partner at Leach Travell, Cooley and McGuireWoods LLP.
Real Estate Disputes
- Lord & Taylor v. Tysons Corner Holdings (Circuit Court of Fairfax County, Virginia). Defended shopping center owner against anchor tenant alleging that owner’s redevelopment plan violated lease covenants.
- AboveNet v. 1807 Faraday Court (U.S. District Court for Eastern District of Virginia; Fourth Circuit). Dispute regarding purchase option in lease and entitlement to escrowed funds.
- Northern Virginia Community Hospital v. Board of Supervisors (Circuit Court of Loudoun County, Virginia). Land-use dispute regarding proposed hospital.
- Dowdey v. District of Columbia Redevelopment Land Agency (D.C. Superior Court; D.C. Court of Appeals). Dispute regarding doctrine of lis pendens and lien on real property
- Arrowhead v. General Dynamics (Circuit Court of Fairfax County, Virginia). Dispute regarding formation of sub-lease.
- SMII Fairfax, LLC v. Himes Associates, Ltd. (Circuit Court of Fairfax County, Virginia). Dispute regarding lease option.
Securities and Corporate Governance
- Luzak v. Light (U.S. District Court for the Eastern District of Virginia). Served as co-counsel for Special Litigation Committee of a Virginia corporation evaluating derivative claims by a stockholder alleging breach of fiduciary duty by directors.
- Glaser v. Enzo Biochem (U.S. District Court for Eastern District of Virginia; Fourth Circuit). Defense of securities fraud claims.
- In re Cysive (Delaware Chancery Court). Defense of stockholder challenge to a “going private” merger.
- Ballenger v. Applied Digital Solutions (U.S. District Court of Delaware; Circuit Court of Fairfax County, Virginia). Defense of federal securities and common-law claims.
- Hewlett v. Hewlett-Packard (Delaware Chancery Court), Member of team representing Walter Hewlett in challenge to Hewlett-Packard merger with Compaq.
- Cablevision Systems Corporation v. At Home Corporation (Delaware Chancery Court). Litigation involving corporate governance issues.
- Sandberg v. First American Bankshares (U.S. District Court for Eastern District of Virginia; Fourth Circuit; U.S. Supreme Court). Member of defense team for bank directors charged with breach of federal securities laws and fiduciary duties.
- Klaff v. Reliacast (Circuit Court of Fairfax County, Virginia). Defense of claims by company founder against directors and investors regarding recapitalization of company stock.
- Yousuf v. Samantar (Fourth Circuit; U.S. Supreme Court). Controversy regarding scope of immunity under Foreign Sovereign Immunities Act.
- Yousuf v. Samantar (D.C. Circuit). Holding that agencies of the federal government are subject to federal court subpoenas in private civil litigation.
- Glaser v. Enzo Biochem, Inc. (Fourth Circuit). Applying doctrine of loss causation to securities fraud suit.
- AboveNet v. 1807 Faraday Court (Fourth Circuit). Issues surrounding escrow and purchase option under a real estate lease.
- Schnare v. Ziessow (Fourth Circuit). Defamation action regarding magazine articles
- ALS Scan, Inc. v. RemarQ Communities (Fourth Circuit). Copyright issues under the Digital Millennium Copyright Act.
- Redevelopment Land Agency v. Dowdey (D.C. Superior Court). Issues surrounding attorney’s lien on real property and doctrine of lis pendens.
- Hagan v. McNallen (Fourth Circuit). Issues surrounding res judicata and dischargability of punitive damages award against debtor in bankruptcy.
- In re Dameron (Fourth Circuit). Issues surrounding conflicting creditor claims to escrowed funds based on defalcations of real estate settlement agent.
- Corner Associates v. W.R. Grace (Fourth Circuit). Issues surrounding discharge of a guarantor of a lease.
- Jeld-Wen v. Gamble (Virginia). Holding that a window screen manufacturer has no duty to construct screen as a body restraint that prevents a child from falling out of window.
- Alevromagiros v. Hechinger (Fourth Circuit). Issues regarding the admissibility of expert testimony in product liability case.
- NAJLA Associates v. William L. Griffith & Co. (Virginia). Issues relating to the recoverability of consequential damages for breach of contract.
- i2 Group v. Palantir Technologies, Inc. (U.S. District Court for the Eastern District of Virginia). Prosecuted claims for trade secret theft, RICO and infringement.
- Schnare v. Ziessow (U.S. District Court for the Eastern District of Virginia; Fourth Circuit). Defamation action.
- Yousuf v. Samantar/Jane Doe v. Yusuf Abdi Ali (U.S. District Court for the Eastern District of Virginia; Fourth Circuit; U.S. Supreme Court). Prosecution of claims for human rights violations committed by former members of the military regime in Somalia.
- Orbital Sciences Corp. V. General Dynamics (Delaware Chancery Court). Dispute over profitability of ongoing satellite construction contract acquired by purchaser of operating business.
- DeKort v. Integrated Coast Guard Systems (U.S. District Court for the Northern District of Texas). Defended government contractor in a whistle-blower case under the False Claims Act.
- Micromet AG v. Cell Therapeutics, Inc. (U.S. District Court for the Western District of Washington). Dispute regarding collaboration agreement for the development of cancer-fighting human antibody.
- AL Solutions v. Jamegy (Supreme Court of New York County, New York). Defended the seller of a business in a case filed by the buyer alleging breach of contract and fraud
- Doyle and Hans v. FBR Capital Markets (FINRA arbitration). Prosecuted claims for commissions by brokers against former employer.
- Freewebs, Inc. and Social Gaming Network v. David Maestri and Psycho Monkey, Inc. (Circuit Court for Montgomery County, Maryland; Superior Court of California, County of San Francisco). Dispute regarding ownership and intellectual property rights to online, multiplayer game.
- Oxford Health Plans, Inc. v. Coordinated Care Solutions IPA, Inc. Dispute regarding managed healthcare services contract, in arbitration.
- Buchheit v. Blue Ridge Networks (Circuit Court of Fairfax County, Virginia). Dispute over sales commissions.
- ALS Scan, Inc. v. RemarQ Communities (U.S. District Court for the District of Maryland; Fourth Circuit). Copyright infringement action under the Digital Millennium Copyright Act involving images posted to the web.
- Duke University Law School, J.D.
- Duke University, A.B., magna cum laude
Published Works/Speaking Engagements:
- Faculty Member, Annual Business Litigation Seminar, Virginia CLE, September 2011
- Author, “Can a Third Party Subpoena the Feds?” Legal Times, August 21, 2006
- Named a “Leader in the Field,” General Commercial, Northern Virginia, Chambers USA: Guide to America’s Leading Lawyers for Business, 2018
- Selected for inclusion in Best Lawyers in America, Commercial Litigation, 2011, 2012, 2013, 2014, 2018; Litigation Real Estate, 2012, 2013, 2014, 2017, 2018, Woodward/White, Inc.
- AV Preeminent Rating, Martindale-Hubbell
- Named to “Legal Elite” (Civil Litigation), Virginia Business, 2016-2017
- Director, Federal Bar Association, Northern Virginia Chapter
- Federal Bar Association, Northern Virginia Chapter
- Fairfax Bar Association
- District of Columbia
- U.S. Supreme Court
- U.S. Court of Federal Claims
- U.S. Court of Appeals – D.C. Circuit
- U.S. Court of Appeals – Fourth Circuit
- U.S. District Court – Eastern District of Virginia
- U.S. District Court – Western District of Virginia
- U.S. District Court – District of Maryland
- U.S. District Court – District of Columbia
- U.S. Bankruptcy Court – Eastern District of Virginia