Robert Cahill

Partner
rcahill@cooley.com
Full contact info

Whether taking a case to trial or disposing of it early on, I’m all about finding the right solution for my client's business.

About Robert

Bob Cahill is a commercial litigation partner focused on representing companies in the technology, real estate and life sciences industries, among others, in a diverse range of high-stakes, complex disputes. Over the course of his career, Bob has litigated matters across the US concerning antitrust, complex commercial transactions, land use and real estate transactions, corporate governance, government contracts, pharmaceuticals, fraud/trade secrets and securities. Bob's generalist approach to his practice has positioned him to be a dependable, sought-out litigator for companies no matter the issue. 

Bob has substantial jury and nonjury trial experience in federal and state courts, and he also regularly practices before AAA and ICC arbitration panels. Of particular note is Bob's significant experience practicing before Virginia state and federal courts, at both the trial and appellate levels.

Representative matters include:   

  • Counsel for defendant in action seeking over $400 million in damages for alleged breaches of contract, fraud and deceptive trade practices. Case dismissed by the North Carolina Business Court, a ruling affirmed by the North Carolina Supreme Court.
  • Lead trial counsel for real estate developers in land use case in Virginia state court seeking to prevent construction. Case dismissed after evidentiary hearing.
  • Lead trial counsel for plaintiffs in corporate governance dispute between members of a limited liability company. Defeated defendants' interlocutory appeal to the Virginia Supreme Court. Case currently pending.
  • Counsel for defendant in action seeking $380 million for alleged federal antitrust violations and numerous state law claims. Summary judgment entered in defendant's favor on all claims, a ruling affirmed by the 11th Circuit Court of Appeals.
  • Trial counsel for respondent in confidential ICC arbitration seeking $140 million in damages for alleged breaches of contract, resulting in a judgment in favor of respondent on all claims.
  • Counsel for defendant in $150 million lawsuit alleging violations of federal and state antitrust laws, unfair competition and breach of contract. The United States District Court for the Eastern District of Pennsylvania dismissed the case, a ruling affirmed by the Third Circuit.   
  • Lead trial counsel for defendant in nationwide consumer class action brought in the US District Court for the Eastern District of Virginia, alleging violations of the Fair Credit Reporting Act. Obtained dismissal at outset of case. 
  • Trial counsel in a complex breach of contract and accounting fraud case in New York federal district court. Obtained award of $18 million plus attorney's fees after a three-week trial. The Second Circuit affirmed the award.   
  • Lead counsel for defendant in $180 million lawsuit pending in the US District Court for the Eastern District of Virginia alleging fraud, conspiracy and tortious interference in connection with a teaming agreement for a large government contract. Obtained dismissal at outset of case.
  • Lead trial counsel for defendant in AAA arbitration, and two related Virginia state court litigations, concerning the sale of satellite equipment. Obtained a defense verdict at trial, an award of attorney's fees and damages for wrongful attachment.    

Before joining Cooley, Bob was an associate in the Tysons Corner office of an AmLaw200 firm.

As a law student, he was a member of the University of Richmond Law Review and the McNeil Law Society.

Education

University of Richmond School of Law
JD, cum laude, 1995

Old Dominion University
BA, Political Science, summa cum laude, 1991

Court admissions

US District Court for the Northern District of Illinois

US District Court for the Eastern District of Virginia

US District Court for the Western District of Virginia

US Court of Appeals for the Fourth Circuit

Virginia Supreme Court

US Court of Appeals for the Sixth Circuit

Representative Litigation:
1995-2016

 

Bob Cahill has been involved in a variety of complex and high profile cases, including:

  • Procaps S.A. v. Patheon, Inc. (S.D. Fla. 2012-2015): Trial counsel for defendant in action seeking $380 million for alleged violations of Section 1 of the Sherman Act and numerous state law claims. Summary judgment entered in defendant's favor on all claims. 141 F. Supp. 3d 1246 (S.D. Fla.  2015); 36 F. Supp. 3d 1306 (S.D. Fla. 2014).

  • BladeRoom Group, Ltd. et al. v. Facebook, Inc. et al. (N.D. Cal. 2016): Defending Facebook in trade secret misappropriation case concerning modular data centers.

  • Hygrosol Corporation, et al. v. Mutual Pharmaceutical Co. et al. (Ct. of Common Pleas (Commerce Div.), Philadelphia County, Pa. 2013-2016); SigmaPharm, Inc. v. Mutual Pharmaceutical Co. et al. (Ct. of Common Pleas (Commerce Div.), Philadelphia County, Pa. 2013-2016). Defending a Mutual executive in related actions asserting state law RICO, conspiracy, and tortious interference claims. 

  • The Boeing Company v. Symvionics, Inc. (E.D. Mo. 2013). Defended Symvionics in a breach of contract dispute concerning a government contract for Navy flight simulators. The case settled favorably.

  • SigmaPharm, Inc. v. Mutual Pharmaceutical Co. (E.D. Pa. 2012). Obtained dismissal of $150 million lawsuit asserting federal antitrust and related state law claims relating to the development of the generic drug Metaxalone. The Third Circuit affirmed the district court's grant of the motion to dismiss in all respects. 772 F. Supp. 2d 660 (E.D. Pa. 2011),aff'd, 454 Fed. Appx. 64 (3d Cir. 2012), cert. denied, 2012 WL 1410382 (2012).

  • PNC Bank v. CJS Associates (Cir. Ct. of Fairfax County, Va. 2012). Represented owner of commercial office building in a complex commercial lease dispute against PNC Bank. The case settled favorably shortly before the summary judgment hearing.

  • Northern Trust Bank, FSB v. Wells Fargo Bank, N.A. (E.D. Va. 2011). Obtained summary judgment for Wells Fargo in a lawsuit alleging fraud and conspiracy in connection with an illegal loan scheme by a borrower. 2012 WL 591394, 464 B.R. 269 (E.D. Va. Feb. 7, 2012).

  • Medtronic, Inc. v. K2M, Inc. (Minnesota State Court, 2011). Successfully defended plaintiff's motion for temporary restraining order based on alleged trade secrets violations. Plaintiff voluntarily dismissed the case with prejudice before hearing on motion for preliminary injunction.

  • K2M, Inc. v. Reliant Medical LLC et al. (Cir. Ct. of Loudoun County, Va. 2011). Obtained a preliminary injunction for K2M against a competitor and its former employees that, among other things, enjoined defendants from competing with K2M and using or disclosing K2M's confidential information. The Court later converted the preliminary injunction to a permanent injunction. The case settled favorably.

  • Fiscella v. Intelius, Inc. (E.D. Va. 2010). On a motion to dismiss, obtained dismissal of a nationwide consumer class action brought under the Fair Credit Reporting Act. 2010 WL 2405650 (E.D. Va. 2010).

  • E*TRADE Financial Corporation v. Deutsche Bank AG (S.D.N.Y. 2009; 2nd Cir. 2010). Trial counsel in a three-week bench trial, awarded $18 million plus attorney's fees for a breach of a stock purchase agreement in connection with E*TRADE's acquisition of a Deutsche Bank subsidiary. Summary Judgment denied. 2008 WL 2428225 (S.D.N.Y. 2008); Opinion ruling for E*TRADE. 631 F. Supp. 2d 313 (S.D.N.Y. 2009); Affirmed by Second Circuit Court of Appeals. 2010 WL 1196814 (2d Cir. 2010)

  • Northern Virginia Community Hospital v. The Board of Supervisors (Cir. Ct. of Loudoun County, Va. 2008). Prosecuted statutory and constitutional challenges to the Board's denial of plaintiff's zoning applications to build the Broadlands Regional Medical Center in Ashburn, Virginia. Case settled favorably on the eve of trial

  • Hindin v. Agilent Technologies, Inc. (Sup. Ct. of San Francisco, Ca. 2009). Defended Agilent against claims that it allegedly violated the California False Claims Act by selling adulterated medical equipment to government-owned medical facilities.

  • In Re Sourcefire, Inc. Securities Litigation (D. Md. 2009). Defended venture capital firm Sierra Ventures VII, L.P. and a Sourcefire board member in a consolidated federal securities class action lawsuit alleging that defendants disseminated false and misleading statements to investors in connection with an initial public offering. The Court granted in part defendants' motions to dismiss, and the case settled favorably thereafter.

  • Williams v. Markland, Inc. (Va. Sup. Ct. 2008). On appeal, represented plaintiff that had secured multi-million dollar jury verdict. Obtained dismissal of defendant's petition for appeal and an order affirming jury's award.

  • Reese v. Riklis (Cir. Ct. of Fairfax County, Va. 2007). On a motion to dismiss, obtained dismissal of this complex breach of fiduciary duty and breach of contract case concerning the ownership of a large shopping mall.

  • Metropolitan Transportation Authority v. Consul Risk Management (S.D.N.Y. 2007). On a motion to dismiss, obtained dismissal of plaintiff's claims for breach of contract and a violation of the federal Computer Fraud and Abuse Act.

  • Micromet, Inc. v. Cell Therapeutics, Inc. (W.D. Wash. 2006). Prosecuted and successfully settled a complex breach of contract case arising from defendant's breach of a contract for the development of an anti-cancer drug.

  • Shadewell Grove IP v. Mrs. Fields Cookies (Del. Chancery Ct. 2006). Represented plaintiff in a bench trial involving allegations of breach and wrongful termination of trademark license agreements. Case settled favorably after trial.

  • United States v. Farah (E.D. Va. 2006). Defended third party against subpoena issued by defendant. Court granted motion to quash subpoena.

  • STM Networks, Inc. v. SkyOnline, Inc. (Cir. Ct. of Fairfax County, Va. 2006; AAA 2005). Obtained a defense verdict, an award of attorney's fees, and damages for wrongful attachment in an arbitration and two related litigations concerning the sale of satellite equipment.

  • American Scheduling, Inc. v. Radiant Systems, Inc. (AAA 2005). Represented plaintiff in an arbitration involving claims for breach of an asset purchase agreement and obligation to market and sell plaintiff's software, resulting in a multi-million dollar award in plaintiff's favor, including an award of attorney's fees.

  • Ingenix, Inc. v. VitalSpring Technologies, Inc. (Cir. Ct. of Fairfax County, Va. 2004). Represented defendant, a technology company, against claims of trade secret misappropriation.Obtained complete dismissal of Complaint.

  • ALS Scan, Inc. v. RemarQ Communities, Inc. (D. Md. 2000, 2003; 4th Cir. 2001). Successfully defended and settled plaintiff's claims for copyright infringement stemming from RemarQ providing access to USENET newsgroups that allegedly contained infringing works posted by third parties; this case was the first published federal appellate court decision on the Safe Harbor provisions of the Digital Millennium Copyright Act. 239 F.3d 619 (4th Cir. 2001).

  • Harlan Ellison v. Critical Path and America On-Line, Inc. (C.D. Ca. 2003). Successfully defended Critical Path and settled plaintiff's claims for copyright infringement stemming from Critical Path providing access to USENET newsgroups that allegedly contained infringing works posted by third-parties.

  • Clark v. Toth Financial, Inc. (NASD 2003). Represented defendants in an arbitration alleging securities fraud, resulting in a dismissal of 10 of 12 counts and 80% of plaintiff's damages claim.

  • Vistronix, Inc. v. Natek, Inc. (Cir. Ct. of Fairfax County, Va. 2003). On behalf of plaintiff, a government contractor, successfully prosecuted a $10 million lawsuit asserting claims for tortious interference, civil conspiracy, and breach of fiduciary duty against a competitor of plaintiff. Case settled favorably.

  • e4e, Inc. v. Sircar (Del. Chancery Ct. 2003). Represented plaintiff in a shareholder derivative suit to enforce plaintiff's right to terminate the President and CEO for breaching his fiduciary duties. (Settled after trial -- President and CEO terminated).

  • Sircar v. iSeva, Inc.(Del. Chancery Ct. 2003). Represented board members in the trial of an action to prevent a restructuring of the board. Settled without the restructuring.

  • Signal Corporation v. VAST LLC (E.D. Va. 2002). Successfully defended a government contractor from $180 million claim that it engaged in fraud, conspiracy and tortious interference in connection with a teaming agreement for a large government contract. On a motion to dismiss, the district court dismissed 7 of 10 counts of the complaint, and the case settled favorably shortly thereafter.

  • Sarin v. Princeton Electronic Systems (Sup. Ct. of Morris County, New Jersey; New Jersey Sup. Ct., Appellate Division, 2002). Obtained dismissal of Complaint asserting shareholder claims against defendant and an award of attorney's fees. Obtained dismissal of plaintiff's appeal before the Appellate Division.

  • Cysive, Inc. v. CorPay, Inc. (AAA 2001). Represented plaintiff in a trial involving breach of a software development agreement and misappropriation of trade secrets claims, resulting in a multi-million dollar verdict in plaintiff's favor.

  • The Network Network, Inc. v. Global Learning Systems, Inc. (E.D. Va. 2000). Represented defendant and obtained a denial of plaintiff's motion for temporary restraining order based on allegations of trade secret misappropriation. (Case settled favorably after denial of motion).

  • Words, Inc. v. Xerox Corp. (E.D. Va. 1999; 4th Cir. 2000). Successfully defended Xerox from plaintiff's fraud and breach of contract claims. The district court granted Xerox's motions to dismiss the Complaint and Amended Complaint, and the 4th Circuit affirmed these rulings.2000 WL 234502 (4th Cir. 2000).

  • Rahmani v. Resorts Intern. Hotel, Inc. (E.D. Va. 1998; 4th Cir. 1999). Defended casino against claims for restitution of gambling losses. Obtained dismissal of Complaint on a motion to dismiss.20 F. Supp.2d 932 (E.D. Va. 1998). The 4thCircuit affirmed these rulings.182 F.3d 909, 1999 WL 462414 (4th Cir. 1999).

  • O'Conner v. Chrysler Corp. (Cir. Ct. of Fairfax County, Va. 1998). Obtained a defense verdict from the jury on all claims, including claims for fraud and violations of the Virginia Consumer Protection Act.

  • AMRESCO v. Baker Lane (Cir. Ct. of Fairfax County, Va. 1998). Successfully represented plaintiff in a breach of contract claim against several defendants. Obtained summary judgment against one defendant, and favorably settled claims against the other defendant in the middle of the jury trial.

  • Jeld-Wen, Inc. v. Gamble (Va. Sup. Ct. 1998). On appeal, successfully represented defendant, a window screen manufacturer, against product liability claims. The Virginia Supreme Court vacated the trial court's award of $14 million in damages against defendant and entered judgment in defendant's favor. 256 Va. 144, 501 S.E.2d 393 (1998).

  • Chawla v. BurgerBusters, Inc. (Va. Sup. Ct. 1998). Successfully represented defendant in its appeal of the trial court's award of attorney's fees in plaintiff's favor. The Virginia Supreme Court vacated the award of attorney's fees and remanded the case to the trial court.255 Va 616, 499 S.E.2d 829 (1998).

  • Hardy v. Winnebago Industries, Inc. (Md. Ct. Spec. App. 1997). Defended Ford Motor Company against claims brought under Maryland's UCC. The Maryland Court of Special Appeals upheld the trial court's ruling dismissing plaintiff's claims at trial. 120 Md.App. 261, 706 A.2d 1086 (1997).

  • Defended numerous automobile manufacturers in warranty and fraud cases pending in Virginia state courts:

    • Durso v. Chrysler Corp., 1996 WL 1065663 (Spotsylvania County 1996) (dismissing Complaint).

    • Robertson v. Ford Motor Company, 1996 WL 1065591 (Fairfax County 1996) (granting in part Ford's motion for summary judgment; case settled favorably after grant of motion).
    • Iuorno v. Ford Motor Company, 1996 WL 1065620 (City of Richmond 1996) (adopting Ford's arguments and restricting attorney's fees recovered by plaintiff under fee shifting statute).