Robert G. Abrams

Partner

Washington, D.C.
T 202.861.1699  |  F 202.861.1783

Bob Abrams leads BakerHostetler's Antitrust and Trade Regulation 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 and has represented 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)
  • 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
Buckle Up—Unwinding Phoebe Putney’s Acquisition of Palmyra Down in Georgia May End Up Being Back on the Table
July 22, 2014
Almost one year ago, Federal Trade Commission (FTC) agreed to settle its antitrust challenge of Phoebe Putney Health System’s (Phoebe Putney) acquisition of Palmyra Medical Center (Palmyra) without requiring divesture or any other remedial...
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Antitrust Advocate
Don’t Pop the Cork Just Yet—Growing Criticism of Massachusetts AG’s Settlement with Partners Healthcare Just Might Send the Parties Back to the Drawing Board
July 22, 2014
After touting a proposed settlement with Partners HealthCare (Partners) that supposedly would “fundamentally alter [Partners’] negotiating power for 10 years and control health costs across [Partners’] entire network,” Massachusetts...
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Antitrust Advocate
Let The Rejoicing Begin, Or Not—Massachusetts AG’s Settlement With Partners Healthcare Is No Harbinger of Things to Come
June 27, 2014
After almost half a dozen years of investigating Partners HealthCare’s (Partners) contracting practices and its proposed acquisitions of two competing hospital systems, Massachusetts Attorney General (AG) Martha Coakley announced a “final...
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Antitrust Advocate
Leave My Employees Alone! You Promised You Wouldn’t Hire/Solicit Them
June 13, 2014
With the antitrust class action against Google, Apple, Intel and other Silicon Valley heavyweights nearly in the books ($300 million plus in settlements and millions more in defense fees later), it is time once again to ask what this...
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Antitrust Advocate
What the WTP?
May 20, 2014
If you are a health system or hospital thinking about a potential transaction and your lawyers have not spoken with you about hospital merger simulation, maybe you should be talking with someone else. What is hospital merger simulation? In...
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