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Robert L. Stolebarger

Partner

, Bryan Cave LLP
San Francisco

Tel

1 415 268 1954

Fax

1 415 430 4354
robert.stolebarger@bryancave.com
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Robert L. Stolebarger

Partner


San Francisco



560 Mission Street, 25th Floor
San Francisco, California 94105

Phone:

1 415 268 1954

Fax:

1 415 430 4354

email:

robert.stolebarger@bryancave.com

Bob Stolebarger is a partner in the San Francisco office with thirty-five years of experience as a civil trial lawyer and appellate advocate.  He has tried many cases to bench and jury as lead counsel and made many appellate arguments.  Mr. Stolebarger has a national practice that includes appearances before state and federal trial and appellate courts in California, Colorado, Delaware, Nevada, New York, North Dakota, Tennessee, Utah and Washington, D.C., as well as before the United States Olympic Committee, and an international practice that includes appearances in China, Mexico, South Korea, and the UK.  These cases have included the prosecution and defense of a variety of corporate, derivative and class-action matters in the areas of antitrust, business torts, contracts, construction, data security breaches, energy, entertainment, fiduciary duty, financial institutions, insurance coverage, intellectual property, medical devices, natural gas pipelines, payment cards and other electronic payment devices, PCI DSS, pharmaceuticals, public utilities, professional liability, railroads, real estate, § 17200 (Cal. Bus. & Prof. Code), securities, sports (professional and amateur) and taxes.  Mr. Stolebarger serves as trial and appellate counsel, and as trusted advisor, for a number of the firm's major clients.

Mr. Stolebarger is also a national spokesperson and lobbyist for the financial services and electronic payment industries on antitrust and other litigation issues concerning interchange, merchant discount rates, and industry rules and standards.

Prior to the combination of Holme Roberts & Owen (“HRO”) and Bryan Cave, effective January 1, 2012, Mr. Stolebarger served as Managing Partner of the San Francisco office and as an elected member Executive Committee at HRO.  Mr. Stolebarger also served on the combined firm’s Integration Team.

Mr. Stolebarger works with an experienced trial team of lawyers and paraprofessionals that has handled many large and complex matters often involving millions of documents, hundreds of witnesses, sophisticated expert testimony and state of the art courtroom presentation technology.

Mr. Stolebarger is one of a select few trial lawyers in the country who has obtained and collected verdicts or judgments in excess of $100 million, and he has done so twice.  Mr. Stolebarger has also successfully defended many multi-million, or billion, dollar cases.

Professional Affiliations

  • Society of Bar and Gavel, 1979–present
  • American Bar Association
  • California State Bar
  • San Francisco Bar Association

Civic Involvement and Honors

  • Northern California Super Lawyers 2010-present
  • Martindale Hubbell, Preeminent 5.0 out of 5.0, since 1995
  • Who's Who in America 2012-present
  • Bay Area Council
  • Lawyers Committee for Civil Rights (San Francisco)
  • Salvation Army, Board of Trustees
  • Lamorinda Soccer Club, Board

Bob Stolebarger is a partner in the San Francisco office with thirty-five years of experience as a civil trial lawyer and appellate advocate.  He has tried many cases to bench and jury as lead counsel and made many appellate arguments.  Mr. Stolebarger has a national practice that includes appearances before state and federal trial and appellate courts in California, Colorado, Delaware, Nevada, New York, North Dakota, Tennessee, Utah and Washington, D.C., as well as before the United States Olympic Committee, and an international practice that includes appearances in China, Mexico, South Korea, and the UK.  These cases have included the prosecution and defense of a variety of corporate, derivative and class-action matters in the areas of antitrust, business torts, contracts, construction, data security breaches, energy, entertainment, fiduciary duty, financial institutions, insurance coverage, intellectual property, medical devices, natural gas pipelines, payment cards and other electronic payment devices, PCI DSS, pharmaceuticals, public utilities, professional liability, railroads, real estate, § 17200 (Cal. Bus. & Prof. Code), securities, sports (professional and amateur) and taxes.  Mr. Stolebarger serves as trial and appellate counsel, and as trusted advisor, for a number of the firm's major clients.

Mr. Stolebarger is also a national spokesperson and lobbyist for the financial services and electronic payment industries on antitrust and other litigation issues concerning interchange, merchant discount rates, and industry rules and standards.

Prior to the combination of Holme Roberts & Owen (“HRO”) and Bryan Cave, effective January 1, 2012, Mr. Stolebarger served as Managing Partner of the San Francisco office and as an elected member Executive Committee at HRO.  Mr. Stolebarger also served on the combined firm’s Integration Team.

Mr. Stolebarger works with an experienced trial team of lawyers and paraprofessionals that has handled many large and complex matters often involving millions of documents, hundreds of witnesses, sophisticated expert testimony and state of the art courtroom presentation technology.

Mr. Stolebarger is one of a select few trial lawyers in the country who has obtained and collected verdicts or judgments in excess of $100 million, and he has done so twice.  Mr. Stolebarger has also successfully defended many multi-million, or billion, dollar cases.

Select Representations

  • Lead counsel for an international payment network in the first major merchant data security breach earmarked for trial.  The case is pending.
  • Counsel to an international payment network on a variety of Payment Card Industry Data Security Standards ("PCI DSS") issues globally.
  • Lead counsel for a leading power tool company in an antitrust case brought by a regional hardware store.  The claims suggested a horizontal boycott with claimed elements of a spoke and rim conspiracy.  The case was dismissed, first without prejudice, and eventually with prejudice.
  • National spokesperson and lobbyist before the U.S. Congress and Senate for the Financial Services and Electronic Payments Industries on the merchant interchange settlement (the largest antitrust settlement in U.S. history) and other matters.
  • Antitrust counsel to the Electronic Payments Coalition.
  • Counsel to an international payment network on a variety of antitrust and competition issues.
  • Counsel for a major television and computer game manufacturer in the LCD Antitrust litigation MDLed in the Northern District of California.
  • Co-counsel for an international payment network on competition claims pending before the Korean Fair Trade Commission.
  • Lead counsel for Chinese government owned company on export trade and policy dealing with U.S. companies.
  • Lead counsel for an international payment network on competition disputes in Mexico.
  • Co-lead trial counsel for multinational internet and software corporation defending against trademark infringement claims.
  • Lead counsel for an international payment network on competition disputes in the UK.
  • Lead counsel during discovery and trial preparation for a large national railroad company.  The case involved claims for breach of contract in connection with a relocation obligation in a pipeline easement and substantial damages.  The case was tried before a jury, and the jury returned a verdict in favor of the client for all damages sought.
  • Lead trial counsel for a City/County in a substantial tax matter concerning a major religious organization.  The City/County won the trial before the Transfer Tax Review Board on all issues.
  • Lead counsel for a large business software company.  This case involved an alleged breach of a licensing agreement and was mediated and settled on terms favorable to the client.
  • Lead counsel for an international payment network involving claims for alleged breach of licensing agreement, patent infringement, antitrust violations and §17200 (Cal. Bus. & Prof. Code) violations arising in connection with certain patents allegedly covering cryptographic protection of smartcards. Damages were sought in excess of $1 billion.  After three years of litigation, the case was mediated and settled on terms favorable to the client.
  • Co-lead counsel for an international payment system in a case involving antitrust claims of monopolization, attempted monopolization, tying, concerted refusal to deal and other federal and state claims, including alleged §17200 (Cal. Bus. & Prof. Code) violations.  Damages were sought in excess of $4 billion. After four years of litigation and on the eve of trial, the case was settled on terms favorable to the client.
  • Lead counsel for an international payment system in an insurance coverage dispute.  Conceived of the insurance claim seeking recovery of attorneys’ fees and other costs defense.  The insurance carrier denied coverage and asserted other challenges to the claim.  Negotiated a resolution that recovered 100% of the attorneys’ fees paid to the Firm in connection with the underlying litigation.
  • Co-lead counsel for a major bank in an antitrust case involving allegations of price fixing of the interchange reimbursement fee and merchant discount rate by the then-card associations and certain leading banks.  The case was dismissed, and the dismissal was affirmed by both the 9th Circuit and 2nd Circuit (in a related case).
  • Lead counsel for a large cable company in defense of a multi-million dollar suit alleging breach of contract and misrepresentation in a real estate dispute.  Following Mr. Stolebarger’s deposition of plaintiff’s chief expert, plaintiff sought leave to withdraw the designation of that expert and to substitute a new one.  Plaintiff was permitted to withdraw the expert, but not allowed to substitute a new one, leaving plaintiff with no expert at all.  The case settled on terms favorable to the client.
  • Lead counsel for a large cable company in defense of two multi-million dollar suits (one a class action) that were consolidated.  The claims alleged §17200 (Cal. Bus. & Prof. Code) violations and fraud in connection with advertising and other communications.  The case settled on terms favorable to the client.
  • Primarily responsible for the expert portion of a trademark case for a large brewery and a large distiller, including the trademark, consumer survey, marketing and beverage industry experts.  Mr. Stolebarger obtained in limine and Daubert orders striking or limiting significant portions of plaintiff’s case. Following mediation, the case settled on the eve of trial on terms favorable to the clients.
  • Co-lead counsel for a mid-sized energy company in defense of claims brought by a major energy company for over $500 million in State Court in Colorado, plus punitives.  The legal issues included inter alia ancillary restraints on collaborations (alleged agreements to not compete among joint venturers), breach of fiduciary duty, breach of contract and misrepresentation in connection with a 290 mile natural gas pipeline in the western states.  After nearly three years of hard fought litigation and six weeks of trial, the Court found for the client and entered final judgment dismissing all of the plaintiffs’ claims in their entirety and awarding the client $110 million on its counterclaim. The client recovered the judgment in full.  The recovery is the second largest in Colorado history and one of the largest recorded nationally in 2002.
  • Lead counsel to defend the largest law firm in the State of Utah. The legal issues included business torts, contracts, intellectual property and securities. Mr. Stolebarger obtained a dismissal of the multi-million dollar suit on a Motion to Dismiss.
  • Lead counsel in defense of claims against the national governing body (“NGB”) that comprises the U.S. Olympic teams in a winter sport.  The United States Olympic Committee comprised the arbitration panel.  The claimant sought the disqualification of the NGB on the eve of the 2002 Winter Olympics in Salt Lake City.  The legal issues concerned amateur and Olympic sports.  The United States Olympic Committee granted the NGB’s Motion to Dismiss all points.  The U.S. Olympic team went on to win six Olympic medals.
  • Co-lead counsel for a major telephone company in defense of a putative class action filed by 27 counties seeking over $17 million.  The legal issues included constitutional law, public utilities and tax.  Obtained a dismissal of all claims on a Motion to Dismiss.  The dismissal was unanimously affirmed by the State Supreme Court.
  • Co-lead counsel for depositors of failed state-chartered financial institutions in a class action against a state and private insurer, and other parties.  The legal issues included financial institution regulations, securities and business torts, among others.  Recovered $44 million for the certified class.  Mr. Stolebarger also participated in the liquidation of the failed financial institutions’ assets, and, in that proceeding, an additional $50 million was recovered for the depositors.  In a related matter, as Co-lead class counsel, Mr. Stolebarger was engaged by the State and its insurance carrier to commence a new class action against the auditors, lawyers and others associated with the failed financial institutions.  The legal issues included financial institution regulations, securities and business torts, among others.  Pursuant to legislation enacted specifically for this case, the claims had to be pre-approved through extensive arbitration proceedings before a three member Thrifts Panel before they could be litigated.  All claims were permitted. The parties recovered an additional $12 million.  In total, the class actions continued for eleven years, during which the cases were appealed to the State Supreme Court twice.  The class ultimately prevailed, and the combined recoveries of over $106 million represented the return of 100% of the depositors' deposits.  These recoveries are among the largest ever recorded in Utah history.
  • Lead counsel to the Court-Appointed Trustee in one of the largest and most complex Chapter 11 reorganizations in the State’s history.  The ten year proceeding involved the recovery and liquidation of substantial real estate assets, as well as other holdings, and the defense of over $200 million in claims.  The legal issues included business torts, contracts, financing, financial institutions, real estate and securities.  Mr. Stolebarger never lost a motion, hearing or trial in the entire proceeding.

 

Select Published Decisions:

  • Reyn's Pasta, et al., v. Visa U.S.A. Inc., et al. (including Wells Fargo Bank, N.A.), Case No. C-03003-JSW (U.S. District Court, Northern District, District of California) and Court of Appeals Docket No. 04-15581 (9th Circuit Court of Appeals), reported at 442 F. 3d 741 (9th Cir., March 27, 2006) and Antitrust Litigation Reporter, Volume 14, Issue 01 (April 19th, 2006).
  • Precision Vascular Systems, Inc., et al., v. Sarcos, LLC et al., Case No. Civil No. 2:01CV00564C (U.S. District Court, Central Division, District of Utah), reported at 199 F. Supp. 2d 1181.
  • Beaver County, et al., v. US West (Qwest), Case No. 980913349-MI, Appeal Mos. 990268-SC, 990771-SC and 20000140-SC Consolidated, (Third Judicial District Court, State of Utah and Utah Supreme Court), reported at 31 P.3d 1147.
  • Dolly Plumb, et al., v. State of Utah, et al., Case No. C87-4879, Appeal No. 900012, (Third Judicial District Court, State of Utah and Utah Supreme Court), reported at 809 P.2d 734.
  • DOIT, et al., v. Touche Ross, et al., Case No. C87-4879, Appeal No. 930512, (Third judicial District Court, State of Utah and Utah Supreme Court), reported at 926 P.2d 835.

Bar and Court Admissions

California, 2004

Utah, 1979

United States Court of Appeals for the Ninth and Tenth Circuits

United States District Courts for the Central, Eastern and Northern Districts of California, District of Colorado and District of Utah

Education

University of Utah, J.D., with honors, 1979

University of Utah, B.S., magna cum laude, 1976

Publications

  • Journal of Contemporary Law, Editor-in-Chief, 1978–1979

Professional Affiliations

  • Society of Bar and Gavel, 1979–present
  • American Bar Association
  • California State Bar
  • San Francisco Bar Association

Civic Involvement and Honors

  • Northern California Super Lawyers 2010-present
  • Martindale Hubbell, Preeminent 5.0 out of 5.0, since 1995
  • Who's Who in America 2012-present
  • Bay Area Council
  • Lawyers Committee for Civil Rights (San Francisco)
  • Salvation Army, Board of Trustees
  • Lamorinda Soccer Club, Board

Education

  • University of Utah, J.D., with honors, 1979
  • University of Utah, B.S., magna cum laude, 1976

Admissions

  • California, 2004
  • Utah, 1979
  • United States Court of Appeals for the Ninth and Tenth Circuits
  • United States District Courts for the Central, Eastern and Northern Districts of California, District of Colorado and District of Utah