Robert G. Abrams

Partner

Washington, D.C.
T 202.861.1699  |  F 202.861.1783

Bob Abrams leads BakerHostetler's Antitrust and Competition practice team and guides a team of attorneys 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 the antitrust aspects of clearing transactions. Bob has more than 30 years of experience litigating and trying antitrust and complex commercial and government enforcement matters. He is a Fellow of the American College of Trial Lawyers and is ranked in Chambers USA: America's Leading Lawyers for Business in the area of Antitrust.

Bob's experience as a trial and litigation strategist spans practice areas, and he has been lead counsel in lengthy antitrust, intellectual property, trade secret, and breach of contract jury trials, representing both plaintiffs and defendants. He has argued in most of the U.S. Courts of Appeals, presenting cases involving distribution and other business practices, the Alien Torts Claims Act, and constitutional law issues. He has also defended clients in enforcement actions initiated by the DOJ, EPA, FTC, and the California Air Resources Board. He was counsel in one of the largest FTC proceedings ever filed and was also lead counsel in one of the largest Clean Air Act enforcement actions in history. Bob tried a major class action on behalf of the defendant, ExxonMobil, and, as lead plaintiffs' counsel, recently settled a major class action for more than $300 million and effective conduct changes on behalf of dairy farmers in 14 southeastern states that was recognized as one of the six leading antitrust cases in 2012 by Global Competition Review.

Select Experience

  • 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 final approval of settlements of over $300 million, along with agreed reform of significant business practices. In re Southeastern Milk Antitrust Litigation (MDL 1899—E.D. Tenn.)
  • 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. HotSamba Inc. v. Caterpillar Inc.
  • Led the defense and resolution of one of the largest Clean Air Act enforcement matters in history—an industry-wide investigation by EPA and California concerning diesel fuel emissions. United States v. Caterpillar Inc., et al.
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Experience

  • 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 final approval of settlements of over $300 million, along with agreed reform of significant business practices. In re Southeastern Milk Antitrust Litigation (MDL 1899—E.D. Tenn.)
  • 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. HotSamba Inc. v. Caterpillar Inc.
  • Led the defense and resolution of one of the largest Clean Air Act enforcement matters in history—an industry-wide investigation by EPA and California concerning diesel fuel emissions. United States v. Caterpillar Inc., et al.
  • 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 assign right, title, and interest in both patents and the applications from which they were derived. After the jury verdict was reversed and the case remanded for a new trial, the jury again found for plaintiff and the district court again ordered the same relief. 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.
  • 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. Allapattah Services, Inc. et al. v. Exxon Corp.
  • 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. Godix Equipment Export Corp., et al. v. Caterpillar Inc.

Recognitions

  • Abrams, Robert GAmerican College of Trial Lawyers: Fellow
  • Chambers USAAntitrust in the District of Columbia (2013, 2014)
  • The Legal 500 United States: Mergers, acquisitions and buyouts - Antitrust
    • "Recommended Lawyer" (2014)
  • Martindale-Hubbell: AV Preeminent
  • Washington, D.C."Super Lawyer" (2009, 2013 to 2014)

Memberships

  • American Bar Association
    • Litigation Section
    • Antitrust Section
    • Intellectual Property Section
  • Pro Bono Institute: Annual Gala Co-Chair (2007)

Pro Bono

  • Established groundbreaking pro bono partnership between 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.

Services

Prior Positions

  • Howrey & Simon - Howrey LLP (1973 to 2011)
  • Law clerk for the Honorable William E. Doyle for the U.S. Court of Appeals, Tenth Circuit (1972 to 1973)

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Federal Circuit
  • All U.S. Courts of Appeals
  • U.S. Court of Federal Claims
  • U.S. District Court, District of Colorado
  • U.S. District Court, District of Columbia
  • District of Columbia

Education

  • J.D., The George Washington University Law School, 1972, cum laude; Managing Editor, George Washington University Law Review, 1971 to 1972
  • B.A., Colgate University, 1968

Blog

In The Blogs

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Antitrust Advocate
Oregon Federal Court Weighs In on Disputed Umbrella Theory of Damages
March 31, 2015
An Oregon federal court recently relied on the so-called umbrella theory of damages to decide that the plaintiffs had an antitrust injury necessary to pursue an injunction. While this decision has garnered attention for enjoining the...
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Antitrust Advocate
CFIUS Report Reflects Continued Need to Plan for Government Scrutiny of Cross-border Transactions
March 24, 2015
The Committee on Foreign Investment in the United States (CFIUS) recently reported its 2013 activities, confirming the continuation of its heightened review and investigation of certain foreign direct investments in U.S. businesses. CFIUS...
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Antitrust Advocate
FTC’s Appellate Win Reflects Focus on Health Care Consolidation
March 10, 2015
In an important victory for the Federal Trade Commission in the appellate courts, the U.S. Court of Appeals for the Ninth Circuit recently affirmed last year’s decision from the District of Idaho in Saint Alphonsus Medical Center v. St...
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Antitrust Advocate
FTC Commissioner Wright Calls for Vote on Section 5 Guidelines
February 27, 2015
FTC Commissioner Joshua Wright, during yesterday’s keynote speech at BakerHostetler’s Section 5 Symposium, announced his plan to call for the FTC Commissioners to vote on three proposed definitions of Section 5’s “unfair methods of...
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Antitrust Advocate
Symposium on Section 5 of the Federal Trade Commission Act
February 19, 2015
Companies and institutions may be vulnerable to FTC claims of antitrust or consumer fraud violations without realizing it. Learn how to help prevent such potentially damaging issues through a groundbreaking, BakerHostetler-sponsored...
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