Arent Fox
ATTORNEY BIO
Robert C. O'Brien

Robert C. O'Brien
November 11, 2011
  • Managing Partner, California
  • Los Angeles, CA
213.629.7400
robert.obrien@arentfox.com

Robert O’Brien is the managing partner of the Los Angeles office. His practice focuses on commercial litigation and domestic and international arbitration, including intellectual property, entertainment, complex business disputes, and election law matters for Fortune 500 corporations, privately held companies, and individuals. He also has significant private practice and government experience in international legal affairs.

Client Work

Robert has defended, in motion practice and through jury trial, corporate clients in breach of contract, fraud, breach of implied contract, right of publicity, copyright, trademark, and employment cases. He has also obtained preliminary injunctions and significant settlements in high-profile infringement cases on behalf of intellectual property rights holders.

He has represented both domestic and foreign-based companies in complex transnational litigation and arbitration cases involving breaches of joint-venture agreements, construction and oil and gas matters, among other areas. He has obtained multimillion dollar settlements in such cases.

Robert has served as counsel and arbitrator in domestic and international arbitration and foreign claims proceedings. Robert is on the panel of neutrals for the International Center for Dispute Resolution/American Arbitration Association as well as several other international panels.

Robert has served in a number of senior foreign policy positions. See previous work, below.

Robert's representative cases include:

Commercial Litigation

  • Secured a summary judgment victory for a California-based oil and gas production company defending a breach of an indemnity agreement claim for $40 million brought by a Fortune 100 company.
  • Represented one of the nation’s largest wineries and its majority shareholders in a series of actions alleging breach of fiduciary duty and other claims by a minority shareholder seeking over $100 million in damages. Obtained summary judgment victories on real property claims and prevailed in compelling disclosure in online defamation postings arising out of the case by defeating an anti-SLAPP motion. The case settled at trial, after his client’s opening statement, when the plaintiff requested an immediate settlement conference supervised by the court.
  • Defeated, on very short notice, a temporary restraining order sought by a county district attorney who sought to shut down the operations of an independent oil company by filing a 102-count complaint alleging environmental and safety violations. The civil suit was favorably settled after intensive depositions of regulators and a disgruntled former employee undermined the action.
  • Successfully defended the CEO and founder of a China-based technology corporation in an action alleging breach of fiduciary duty and related tort and contract claims. In his cross-complaint, the CEO sought damages of over $90 million for infringement of his intellectual property; the case was favorably settled within 60 days of trial.
  • Prosecuted a high-profile fraud case for the estate of heiress Sita White; through quick action, the estate obtained a temporary restraining order freezing nearly $1.6 million of the estate's funds that had been misappropriated before the defendants could transfer the funds to another bank; the case ultimately settled and the estate's funds were protected.
  • Secured a confidential settlement on the eve of trial in favor of investors asserting claims against the nation's largest broker of precious metals for allegedly engaging in misrepresentations and omissions concerning the character and quality of recommended investments.

Intellectual Property Litigation

  • Won summary judgment for the nation's leading Mexican-style restaurant on claims that plaintiffs held the intellectual property rights to the company's famous Chihuahua icon used in a national advertising campaign.
  • Obtained prompt dismissals of actions filed in both state and federal court alleging violation of post-mortem publicity rights and defamation against a major entertainment company and an Oscar-winning actress arising out of the production and distribution of an award-winning biographical film.
  • Obtained a preliminary injunction on behalf of the estate of a famous Apollo and Skylab astronaut in US District Court in an action asserting underpayment of royalties and unauthorized use of the astronaut's name, likeness, image, and identity in connection with the advertisement and sale of automobile-related products; defendants settled the case on the eve of trial.
  • Secured a confidential settlement, after obtaining a favorable tentative ruling on a motion for a preliminary injunction in US District Court, in favor of a licensing agency and its clients in connection with claims of misappropriation of certain names and images by a manufacturer of specialty toy products.
  • Successfully negotiated a confidential settlement, after filing an incontrovertible motion to dismiss in US District Court, in favor of a manufacturer of camera-like binoculars and two national retailers, in an action by a purported inventor, who alleged claims of copyright infringement against all defendants.
  • Successfully prosecuted a claim in federal court by a major software company against its Korean distributor for breach of its distribution agreement; the case also involved the defense of a counterclaim that asserted breach of warranty and product liability claims against the client; the matter was confidentially resolved following mediation before a retired federal judge in Los Angeles.

Entertainment Law

  • Successfully defended a major entertainment company through three weeks of jury trial, against claims brought by a licensing agency that the company had engaged in fraud and breached its contract with the agency by not sufficiently promoting a miniseries that aired on its cable channel.
  • Won a complete defense verdict, after a two-week jury trial on tort claims asserted against the president of a high-profile production company.
  • Won summary judgment, which was affirmed on appeal, for a television production company on claims by a producer of a popular cable series that he maintained an ownership interest in the project.

Class Actions

  • Successfully represented nation’s leading Mexican-style restaurant in a class action lawsuit of over 17,000 plaintiffs involving an unauthorized text message sent by a third party.  The plaintiffs claimed vicarious liability under the Telephone Consumer Protection Act (TCPA) and were seeking $51 million in statutory damages.  After securing leave of the Court to file an amended motion for summary judgment, obtained a complete judgment in client’s favor on all claims

  • Obtained a summary judgment victory for one of the nation’s largest software companies in a class action lawsuit filed in Texas involving alleged unauthorized facsimile transmissions under the Telephone Consumer Protection Act (TCPA).

  • Successfully negotiated a de minimis confidential settlement on behalf of a technology firm in a TCPA lawsuit filed in California Superior Court after serving extensive discovery and providing notice that the company would immediately file a motion for summary judgment.

Insurance Coverage

  • Successfully prosecuted an environmental insurance coverage action in American Arbitration Association (AAA) arbitration proceedings against one of the world's largest carriers resulting in a settlement on the eve of the hearing for a finance company that was seeking to clean up numerous sites on collateral in its possession.
  • Obtained full insurance coverage for legal fees incurred by a leading software company in defending a $100 million plus patent infringement claim after coverage was initially denied by the carrier.

Employment Litigation

  • Defended a magazine publisher against a claim by its executive director who claimed that he was fired due to age discrimination; the dispute was resolved through a favorable confidential settlement, without litigation, after guiding the client through the termination process and taking a firm position during negotiations with plaintiff's counsel.
  • Successfully defended an Internet entertainment company in a discrimination suit brought by an engineer who alleged that she was fired because of her gender; a nuisance value settlement was obtained after conducting aggressive discovery and arranging an early mediation.

International Arbitration and Dispute Resolution

  • Defended one of the nation's largest software companies in an AAA international arbitration proceeding against a large Canadian software company asserting a multimillion dollar claim arising out of the alleged breach of a software licensing agreement; the case was settled on a confidential basis following an extensive mediation proceeding.
  • Robert served as a federal court-appointed Special Master in U.S. v. Nazario, the trial of a Marine charged with manslaughter for his role in four fatal shootings during the Battle of Fallujah, Iraq.  This was the first civil court trial about a service member in combat pursuant to the Military Extraterritorially Act of 2000.  Two of the government’s key witnesses were active duty Marines for whom the government was seeking to compel testimony after being found in contempt of court. Robert worked with the Court, counsel, and the Marine Corps to help navigate the novel and complex jurisdictional and protocol issues that allowed the marine witnesses to remain on base instead of prison during the trial.
  • Served as the federal court-appointed Discovery Master for the high-profile Barbie vs. Bratz case from January 2009 through the completion of the case in June 2011.  During that time, Robert issued over 108 orders in the case covering a wide array of complex discovery issues, including the handling of sensitive in-house documents related to the idea for, and development of, the concept to the Bratz toy doll line.
  • Served as chair and wing arbitrator in numerous AAA/International Centre for Dispute Resolution arbitrations involving patent, television distribution, construction, and oil and gas disputes.
  • Served as chair in several World Intellectual Property Organization proceedings involving Internet domain name disputes.

Election Law

  • Represented a United States senator with respect to ballot integrity and recount issues in a very close primary election and observed the official counting of absentee and questioned ballots for the campaign.
  • Successfully defeated a preliminary injunction seeking to keep polling stations open beyond the statutory deadline on behalf of a United States congressman competing in the general election.
  • Successfully defeated an attempt by county election officials to eject certified election monitors from observing the counting of ballots in a presidential election. The trial court, in an order upheld by the state supreme court, ordered that monitors from all parties be allowed to observe the counting of ballots in the county.

Appellate Practice

  • In a precedent-setting case, secured a major victory for Rwandan President Paul Kagame when the United States Court of Appeals for the Tenth Circuit affirmed a lower court ruling and dismissed a wrongful death suit filed by two widows of assassinated African presidents.  In affirming the lower court’s decision, the appeals court found that as a head of state recognized by the United States government, President Kagame was immune from suit. 
  • Represented the Montana Farm Bureau Foundation as amicus curiae to the United States Supreme Court in the matter of PPL Montana, LLC v. State of Montana. In PPL Montana, the Montana Supreme Court used a novel standard to determine the navigability of certain Montana rivers, thus converting ownership of those rivers to the state of Montana. In its brief, the Montana Farm Bureau argued that the Montana Supreme Court’s adoption of a standard contrary to that of the United States Supreme Court was not only a violation of precedent, but an arbitrary act amounting to a judicial taking of the private property of thousands of private property holders, including farmers and ranchers represented by the Montana Farm Bureau. The Supreme Court is currently considering whether to grant review of the case.
  • Represented the American Legislative Exchange Council (ALEC) in submitting amicus curiae briefs, both at the certiorari stage and on the merits, to the United States Supreme Court in Horne v. Flores.  At issue was a long-running consent decree concerning the education of English language learners (ELL) in Arizona’s public schools.  ALEC’s amicus curiae briefs supported the petitioners, the Arizona state legislature, in arguing that the lower courts were improperly interfering with the legislature’s authority and discretion in implementing effective ELL policies on a statewide basis.  The Supreme Court agreed, overturning the Ninth Circuit and District Court’s prior rulings in a 5 to 4 decision.

Previous Work

President George W. Bush nominated and the US Senate confirmed Robert as the US Alternate Representative to the 60th session of the United Nations General Assembly, which met in New York 2005-2006. In addition to his other duties as a US delegate, he addressed the General Assembly on the question of Palestine and represented the United States in the General Assembly’s Sixth Committee, which considered the Comprehensive Convention on International Terrorism. In July 2008, Robert was appointed by the President to serve a three-year term on the Cultural Property Advisory Committee, which advises the US Government on the Convention on Cultural Property Implementation Act. He served as Co-Chairman of the Department of State Public-Private Partnership for Justice Reform in Afghanistan from 2007-2011 under Secretaries Rice and Clinton.  He remains a member of the PPP Executive Committee. Robert was a Senior Foreign Policy Advisor to Governor Mitt Romney's Presidential campaigns in 2008 and 2012.

From 1996 to 1998, Robert was a legal officer with the United Nations Security Council (Compensation Commission) in Geneva, Switzerland, where he led a multinational team of attorneys, loss adjusters, and accountants in the government claims (F) section and was responsible for the Secretariat’s review and processing of billions of dollars in claims resulting from Iraq’s 1990-91 invasion and occupation of Kuwait.

Robert also served as a major in the Judge Advocate General’s Corps of the US Army Reserve. In 1990, he was a judicial extern-clerk to the Honorable J.P. Vukasin Jr. in the Northern District of California.

Professional Activities

Robert’s professional affiliations include:

  • Friends of the Public Private Partnership for Justice Reform in Afghanistan, Board (2011-present)
  • Ninth Circuit Judicial Conference Lawyer Representative (2007-present)
  • J. Reuben Clark Law Society, Chair, Los Angeles Chapter (2003-2005)
  • The Institute for Transnational Arbitration, member, Advisory Board (2006-present)
  • International Law Section of the State Bar of California, member, Executive Committee (1999-2002)
  • American Society of International Law
  • Los Angeles County Bar Association
  • Million Dollar Advocates Forum
  • Conrad Foundation, Board of Advisors (2008-present)
  • Pacific Council on International Policy

Publications, Presentations and Recognitions

Robert was recognized by the Daily Journal as one of the “Top 100 Lawyers” in California in 2011.

Robert received the 2011 Stefan A. Riesenfeld Memorial Award from the Boalt Hall School of Law for his contributions to the field of international law. He was also the 2011 recipient of the Marc L. Fleischaker Pro Bono Award for outstanding contributions to the public interest. In 2009, Robert received the Erwin Chemerinsky Defender of the Constitution Award from the Federal Bar Association for his work promoting the rule of law in Afghanistan. He received the J. Reuben Clark Law Society's Outstanding Lawyer Award in the same year. Robert was the 2006 recipient of the Cardinal Newman High School Alumni Scholarship/Leadership Award for Public Service. In 2008, 2010, and 2011 he was recognized as one of the nation’s top attorneys in the annual Lawdragon 500 Leading Lawyers in America guides and named a Super Lawyer from 2008-2012. Robert was named one of the top 100 Irish-American lawyers in the United States by Irish America magazine from 2009-2012. In 2004, the Daily Journal named Robert one of the Top 20 lawyers in California under the age of 40. He is “AV” rated by Martindale-Hubbell.

Robert’s work as the managing partner of Arent Fox’s Los Angeles office, in Afghanistan, and on public policy issues was profiled by the Los Angeles Business Journal (please see this article under the “Downloads” section to the right).

Robert’s articles on international law and civil procedure have been published in a variety of journals. His op-ed pieces on foreign policy regularly appear on CBSNews.com, The Huffington Post, The Daily Caller, and Newsmax.com. Robert has appeared on Fox News, CNN, Current TV and national radio shows including NPR’s “To the Point”, The Hugh Hewitt Show and The Michael Medved Show. His published works include:

  • “Update to the Commercial Value of Rights of Publicity: A Picture is Worth a Thousand Words, or Sometimes a Million Dollars," ABA Entertainment and Sports Lawyer; Fall 2009, co-authored with Bela Lugosi
  • “Election Day Challenges to Polling Hours and the Judiciary’s Cautious Response,” Buffalo Public Interest Law Journal; spring 2009, co-authored with Amy Borland and Jon Kay
  • “Selecting the Best Venue for International Arbitration,” EALG Interview; Fall 2006, co-authored with Jenny Terry
  • “Preparing a Witness for a Deposition,” Los Angeles Lawyer, Attorney Survival Guide for New Attorneys in California; Fall 2006
  • “The Commercial Value of Rights of Publicity: A Picture Is Sometimes Worth a Million Dollars,” ABA Entertainment and Sports Lawyer; spring 2005, co-authored with Bela Lugosi
  • “Your Witness Counselor,” ABA Student Lawyer; May 2004
  • “Trying Circumstances,” Los Angeles Lawyer; September 2002
  • “Trademarks and Internet Domain Names in the Digital Millennium,” 4 UCLA Journal of International Law & Foreign Affairs 377; 2000, co-authored with Michael LiRocchi and Steven Kepler
  • “Reflections on Compelling Nonparty Discovery in England,” The California International Practitioner; Fall 1999
  • “The Challenge of Verifying Corporate and Government Claims at the United Nations Compensation Commission,” 31 Cornell International Law Journal 101; 1998
  • “A UNCC Panel of Commissioners Sets Precedents in Government Claims,” 92 American Journal of International Law 339; 1998, co-authored with Veijo Heiskanen
  • “Compelling the Production of Evidence by Non-Parties in England and Wales Under the Hague Convention,” 24 Syracuse Journal of International Law & Commerce 77; 1997
  • “The UNCC and Iraq’s Liability for Corporate Claims,” California International Law Section Newsletter; winter 1995/96

Bar and Court Admissions

  • California Bar
  • US Court of Appeals for the Armed Forces
  • Supreme Court of the United States
  • US District Court, Northern District of California
  • US Court of Appeals, 9th Circuit
  • US District Court, Central District of California
  • US District Court, Southern District of California
  • US District Court, Eastern District of California

Education

University of California, Berkeley, Boalt Hall School of Law
, JD
University of California, Los Angeles
, BA
  ( cum laude )

Practices

  • Appellate
  • Commercial Litigation
  • Intellectual Property
  • Political Law

Industries

  • Energy Law & Policy
  • Media & Entertainment

Areas of Focus

  • Copyright
  • Motion Pictures
  • Patent
  • Political Activity & Election Law
  • Publicity Rights
  • Television
  • Trademark
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