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Bob Abrams is the Chair of BakerHostetler’s Antitrust Group, which is a group with great depth and strength in the litigation and trial of antitrust cases, including class actions. The Antitrust Group also has significant experience in mergers and acquisitions and its partners have been point persons in dealing with the Department of Justice and the Federal Trade Commission on antitrust aspects of clearing transactions.

Mr. Abrams is a Fellow of the American College of Trial Lawyers and has more than 30 years of trial experience in cases involving antitrust, patents, trade secrets, dealer terminations, contract disputes, tortious interference and environmental issues. In recent years, Mr. Abrams has been lead counsel in lengthy jury trials focusing on, among other claims, antitrust, patent misappropriation and conversion and copyright infringement. He was also co-counsel in a class action involving substantial and complex contract issues that was tried and then retried to a jury. Over his career, Mr. Abrams was counsel in one of the largest FTC proceedings ever filed and was also lead counsel in numerous other bench and jury trials and in governmental investigations initiated by DOJ, EPA and the California Air Resources Board.

In the appellate area, Mr. Abrams has argued in most of the U.S. Courts of Appeal, presenting cases involving distribution and other business practices, the Alien Torts Claims Act and constitutional law issues.

Mr. Abrams is a contributor to BakerHostetler’s Antitrust Advocate blog, providing informative commentary on the latest developments in the antitrust litigation sector. He is ranked in the 2013 edition of Chambers USA: America's Leading Lawyers for Business in the area of Antitrust.

Representative Matters

• In re Southeastern Milk Antitrust Litigation (MDL 1899—E.D. Tenn.)
  Lead attorney (class counsel) representing a certified class of dairy farmers located in 14 Southeastern States against Dairy Farmers of America, Dean Foods and a number of other defendants in an action alleging violations of Section 1 of the Sherman Act. There has been preliminary approval of a substantial monetary settlement along with agreed reform of certain business practices with three defendants; the case is set for trial against the Dairy Farmers of America and related defendants.
• HotSamba Inc. v. Caterpillar Inc.
  Plaintiff sought damages of more than $420 million from client based on claims of breach of a software license agreement, copyright infringement and misappropriation of trade secrets. Client pursued counterclaims of $2 million for breach of contract and fraud. The jury returned a verdict in favor of plaintiff for $5.5 million and in favor of client for $500,000.
• Caterpillar Inc. v. Sturman Industries et al. (Sturman Jury Trial I).
  Client filed suit alleging ownership and inventorship of patents issued to defendant, misappropriation of trade secrets and conversion of various patent rights. The jury found for plaintiff and the court ordered a constructive trust imposed over the two patents and ordered defendant to specifically perform the contract by assigning to plaintiff the entire right, title and interest in both patents and the applications from which they were derived.
• Caterpillar Inc. v. Sturman Industries et al. (Sturman Bench Trial).
  During the first jury trial, after the jury left for the day, the court conducted a bench trial regarding defendant’s inventorship claim involving plaintiff’s patent. The trial court rendered a decision in defendant’s favor, with no money damages. Client appealed and the Federal Circuit reversed and rendered judgment in client’s favor.
• Caterpillar Inc. v. Sturman Industries et al. (Sturman Jury Trial II).
  After a prior jury verdict was reversed and remanded for a new trial, the jury again found for plaintiff and the district court again ordered a constructive trust imposed over the two patents, and further ordered defendant to specifically perform the contract by assigning to plaintiff the entire right, title and interest in the two patents and the applications from which they were derived.
• Allapattah Services, Inc. et al. v. Exxon Corp.
  Represented client in a class action brought by service station dealers alleging breach of contract involving client’s Discount for Cash Marketing Program. The plaintiffs sought $1 billion in damages, including interest. The first trial of this case resulted in a hung jury; the retrial resulted in a verdict for the plaintiffs.
• Godix Equipment Export Corp., et al. v. Caterpillar Inc.
  Plaintiffs alleged violations of Sherman Act sections 1 and 2, claiming that client dominated the replacement parts business for client’s machines by eliminating parts competitors while seeking to raise prices. The court directed a verdict in favor of client on the antitrust claims and the jury returned a verdict for client on the remaining state law claims. The verdict was affirmed on appeal.

Mr. Abrams is a member of the American Bar Association (Litigation, Antitrust and Intellectual Property Litigation Sections). Mr. Abrams has always been a strong supporter of pro bono programs, having previously worked to establish a groundbreaking pro bono partnership between his former firm and a major client in which the client’s in-house attorneys and firm attorneys worked together on matters for pro bono clients. He was also the co-chair of the Pro Bono Institute’s Annual Gala in 2007.