Robert P. LoBue
Partner

212-336-2596 | 212-336-2395 fax |
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Robert LoBue, Patterson Belknap's Managing Partner and Co-Chair, has been a litigator with the firm for more than 25 years. His practice includes both a first-seat role in many of the firm's most significant complex antitrust and other business disputes as well as his long-time focus on intellectual property and First Amendment litigation and counseling.  A member of the firm's Appellate Practice group, Mr. LoBue has argued numerous appeals in various federal and state courts including the Second, Sixth, Ninth and D.C. Circuits, and the appellate courts of New York, New Jersey and Florida. His extensive trial and appellate experience has been recognized by Chambers USA 2008 in the area of Intellectual Property. He is co-author of the Media Law Resource Center's 50-State Survey of Media Privacy and Related Law and of law review articles on journalist rights and federal procedure.

Mr. LoBue has served as the firm's General Counsel and Chair of its Professional Responsibility Committee, and has served on bar association ethics committees.  Recently, Mr. LoBue undertook, at the request of Human Rights First (formerly Lawyers' Committee for Human Rights), to write and file three amicus briefs in the U.S. Supreme Court in cases relating to the "War on Terror."  Two were filed on behalf of a group of retired federal Circuit and District Judges and other prominent members of the bar, protesting the refusal of the U.S. government to afford due process to detained U.S. citizens; a third related to the constitutionality of military commissions formed under executive order to try Guantanamo detainees.

Prior to joining Patterson Belknap, Mr. LoBue served as Law Clerk to the Hon. David N. Edelstein, U.S. District Court for the Southern District of New York.

Representative Matters

Business Litigation

Consumer Services Company
Currently representing a leading provider of travel and real estate services in prosecution of multi-billion dollar claim against Big 4 auditor that failed to disclose accounting fraud over multiple audits. Prior to Enron and current generation of accounting fraud cases, this was among the largest and most prominent accounting fraud cases in U.S. history. In charge of formulating strategy and supervising team of lawyers, and at client request took depositions of all of the key auditor witnesses.

Export Trade Association
A member of a Webb-Pomerene export trade association chose to terminate its membership, and commenced an arbitration against the association alleging that provisions of the membership agreement constituted an unreasonable restraint of trade, and also alleging that various marketplace activities by the association violated sections 1 and 2 of the Sherman Act. As lead counsel for the association, brought the arbitration to a successful conclusion in all respects. After a two-week trial, the panel of three AAA arbitrators issued a declaratory judgment that the membership provisions were valid, and rejected all claims of anti-competitive activities on jurisdictional and substantive grounds. In this "bet the company" case, the association turned to us to defend it in lieu of its regular counsel.

Magazine Publisher
Lead counsel for the largest U.S. magazine publisher in defense of antitrust class actions alleging nationwide price-fixing conspiracy involving all major publishers. Secured no-damages settlement approved by the Court.

Pharmaceutical Manufacturer
Lead counsel for a Fortune 50 pharmaceutical company in defense of 13 nationwide class actions brought in both federal and state courts asserting illegal monopolization based on alleged improper procurement and enforcement of patents relating to an OTC product.  After extensive procedural wrangling including a removal to federal court and contesting class certification, ended case by persuading all plaintiffs' counsel that their theories of liability were meritless. Suits were voluntarily withdrawn.

European Holding Company
After our client completed a multi-hundred million dollar sale of a worldwide family of subsidiaries, the purchaser claimed fraud and breach of contract based on alleged misstatements in the financial statements on which the deal was based. The claims implicated a wide range of U.S. and various foreign GAAP principles and exceeded $90 million.  Following extensive document discovery, and working with accounting experts in the U.S. and abroad, persuaded the purchaser that virtually all of the claimed errors were either meritless as a matter of accounting or caused it no damage.  A favorable settlement at litigation cost followed.

Intellectual Property

Publisher
Representing owner of copyrights in world-famous cartoon characters in litigation against unauthorized licensing by third party of merchandising rights.

Cable Television Channel
Ongoing advice on program-related matters, including copyright fair use, licensing and rights of publicity. Frequent consultation regarding domestic and international rights licenses and disputes.  Litigation of copyright, trademark, right of publicity and other IP claims.

Medical Device Manufacturer
Tried nine-day arbitration to resolve billion-dollar dispute concerning construction of a license agreement.

National TV and Radio Broadcasting Network
Successful prosecution of preliminary injunction action against competing network for theft of program format and trademarks.  Defense of network in copyright cases alleging unauthorized broadcast of film for critical purposes; unauthorized use of recorded music in promotional pieces, and variety of other broadcast-related matters.

Children's Television Programmer
Defense of copyright infringement claim brought by then-proprietor of copyrights to Beatles' compositions; case involved novel issues of fair use and parody.

Record Company
Defense of copyright infringement claims arising from recordings by internationally famous artists and composers.

Composers' Rights Association
Strategist and brief-writer in test case in U.S. Supreme Court regarding "post-termination" rights in musical recordings under the 1976 Copyright Act.

Publisher of Business and Financial Data and Reports
Representing major publisher of databases of financial information in worldwide effort to protect franchises by securing intellectual property rights to database material and a variety of business-oriented publications.

Financial Information Vendor
Advice on antitrust, business and intellectual property terms of data distribution agreements.  Defense of $90 million claim for copyright infringement and breach of contract; secured award of attorney's fees under Copyright Act for client in successful defense.

Securities Index Publisher
Representing publisher of world-famous stock index in litigation contesting rights of publisher to control use of index in creation of derivative investment instruments.

First Amendment Litigation

Television Station
Defended local New York station and reporter against libel claim premised on news report describing plaintiff as a "deadbeat dad" who concealed assets to avoid child support obligations. Plaintiff dropped case when it became apparent that defendants' aggressive discovery efforts would enable it to prove substantial truth.

Art Historians
Defended prominent university professors and art historians in product disparagement claim based on their public denunciation of plaintiff's multi-million dollar art collection as largely comprised of fakes. Case ended with voluntary withdrawal by plaintiff and payment of defendants' attorneys fees.

National Newspaper
Defended a leading national newspaper in libel suit brought by extremist group Liberty Lobby. Case dismissed on summary judgment, affirmed by D.C. Circuit, which agreed with the district court that defendant had proved the truth of the key allegation that Liberty Lobby was "anti-Semitic."

Radio Talk Show Host
Convinced the New Jersey appellate court to uphold an award of summary judgement in favor of a well-known talk radio host and a major radio station; the case involved allegations of "wife-beating" (held to be nonactionable as, in context, rhetorical hyperbole) and alleged invasion of privacy in the disclosure of private facts about the plaintiff.