Bob is a senior trial attorney concentrating on high stakes disputes. In an era in which few matters actually go to trial, he has tried forty matters to judgment. He handles litigation in a broad range of substantive areas for institutions and entrepreneurs in the real estate industry, public utilities, financial institutions, investment banks, and high net-worth individuals.
Bob has represented taxpayers in connection with complex tax deferral and minimization strategies in the federal courts and before the Internal Revenue Service, the U.S. Department of Justice, and the California Franchise Tax Board. He represented high net worth clients against a major accounting firm stemming from its implementation and marketing of a tax deferral strategy; and obtained a favorable settlement before trial. Bob recently settled a litigation matter by structuring a largely tax-free division of a corporation and its assets.
Bob has litigated environmental matters involving the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the federal Resource Conservation and Recovery Act (RCRA), state law analogues, California's Proposition 65, and common law claims. He was lead counsel for the lender and developer plaintiffs in one of the few environmental cost recovery actions tried to a jury. Bob was also actively involved on behalf of the developer plaintiff in the seminal California case focusing on stigma damages.
Real Estate-Related Matters
Bob has represented developers, lenders, syndicators, and investors in the full range of disputes arising in the real estate industry. He is one of the leading attorneys in the use of judicial reference as a mechanism for potential defendants to avoid jury trials.
Bob also focuses on issues involving electrical generation and supply. He represented the commercial building industry in proceedings before the California Public Utilities Commission relating to creating a competitive platform to provide power to office buildings. Bob negotiates electrical supply contracts for end users.
In addition to his trial practice, joined the U.C. Berkeley School of Law (formerly Boalt Hall) faculty as an adjunct lecturer. In 2013, he was given the title of the Christopher Edley, Jr. Lecturer. Depending on the semester, he teaches Environmental Law & Policy; Climate Change & the Law; The Law of Hazardous Waste: CERCLA, RCRA and Common Law Claims; the Environmental Law Writing Seminar; Evidence; Contracts; and Remedies. In 2003-04, he was the interim director of Berkeley Law's acclaimed environmental law program. From 2009 to 2010, Bob served as the acting executive director of Berkeley Law's Center for Law, Energy and the Environment, and currently serves on its Advisory Committee.