Robert LoBue served as Co-Chair of the Firm and Managing Partner from February 2007 to March 2014, and has been a litigator with the firm for more than 30 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. Mr. LoBue has argued numerous appeals in various federal and state courts including the Second, Fourth, Sixth, Ninth, Eleventh and D.C. Circuits, and the appellate courts of New York, California, New Jersey, Illinois and Florida.
His extensive trial and appellate experience has earned him recognition in industry publications such as Chambers USA and Euromoney Institutional Investor PLC’s Benchmark: America’s Leading Litigation Firms and Attorneys. Chambers USA recognizes Mr. LoBue in the Intellectual Property: Trade Mark & Copyright area, noting that he “stands out for his efficient and businesslike approach” and describing him as “an esteemed litigator with a flourishing and successful copyright disputes and trial practice” with “a particularly strong record on behalf of media and publishing companies.” Benchmark lists Mr. LoBue as a “Litigation Star” in both our top-ranked Litigation group, as well as our Intellectual Property Litigation group, which is among the best firms nationally. Benchmark stated, “LoBue’s prowess is supported by client feedback; one satisfied client says, ‘If you want someone who’s going to waste your time, look elsewhere. Bob LoBue gets it done …’” Managing Intellectual Property magazine lists Mr. LoBue among its “IP Stars” for New York in the areas of Trademark Contentious and Copyright. 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 media issues, attorney-client privilege, misappropriation, and federal procedure.
Mr. LoBue serves as the firm’s co-General Counsel and has served on bar association ethics committees. At the request of retired federal judges, human rights organizations, and the American Bar Association, he has filed several amicus briefs in the U.S. Supreme Court and federal courts of appeal on human rights issues. He presently serves on the Task Force on National Security and the Rule of Law, and the Communications and Media Law Committee, of the New York City Bar Association.
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.
Monoline Insurance Company
Currently leading the defense of one of the principal monoline insurance companies in numerous antitrust and fraud/contract actions by municipal bond issuers. Also representing monoline insurer in multi-billion dollar breach of contract/fraud claim against financial institutions arising from issuance of mortgage-backed securities.
Consumer Services Company
Represented 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. This was among the largest and most prominent accounting fraud cases in U.S. history.
Export Trade Association
A member of an 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 instead of its regular counsel.
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.
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.
News Media Client
Represented national news media entity in recent “hot news” and copyright cases against web-based competitors alleged to have regularly reproduced news dispatches published on client’s newspaper, newswire and web products. Secured several substantial monetary settlements, including one in which defendant also publicly admitted liability for both copyright infringement and hot news misappropriation.
Studio and Comic Strip Publisher
Representing owners of copyrights in world-famous cartoon characters “Betty Boop,” “Popeye,” and “Flash Gordon” in litigations 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 as well as insurance coverage issues arising from those claims.
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.
Medical Device Manufacturer
Tried 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 purpose of criticism; unauthorized use of recorded music in promotional pieces, and variety of other broadcast-related matters.
Defense of copyright infringement claims arising from recordings by internationally famous artists and composers.
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.
First Amendment Litigation
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.
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.
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 judgment 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.