Robert A. Lewis is a trial lawyer whose complex commercial litigation practice emphasizes software litigation, professional liability defense, unfair competition and trade secrets litigation, and insurance. Bob has represented clients in numerous jury and bench trials in federal and state courts in California and in other states, as well as in numerous arbitrations. Chambers USA noted that Bob’s clients say: "His key strengths are his extensive trial experience, his creative approach to litigation strategy and the practical nature of his legal advice." Legal 500 noted that clients state that Bob makes “fine oral arguments” and is an “excellent cross-examiner."
Bob's complex commercial litigation practice is wide-ranging; for example, it includes a defense verdict in a jury trial seeking damages under the earn-out provision of an acquired high-tech company and a defense judgment in a jury trial seeking damages from the denial of stock options.
In the area of software litigation, Bob represents clients in disputes over software implementation and integration, including claims relating to huge ERP installations. Examples include the successful defense of claims of improper implementations by both businesses and government entities.
In the area of professional liability defense, Bob represents software integrators, lawyers, insurance and reinsurance brokers, actuaries, and other professionals in malpractice actions. Examples include a defense jury verdict on a reinsurance intermediary malpractice claim and a defense verdict on a malpractice claim against ERISA actuaries.
In the area of unfair competition and trade secrets, Bob's accomplishments include a defense verdict in an eight-week jury trial on claims of alleged secret rebates, a victory in the seminal case rejecting antitrust claims in the area of prepaid prescription plans, the successful arbitration of a claim for alleged misappropriation of software trade secrets, and the coordination of multistate litigation to prevent the theft of trade secrets by competitive hirings from a client.
In the area of insurance, Bob has litigated and provided counseling in virtually every facet of insurance law. Examples include a jury verdict in his client's favor in a bad faith claim, the successful arbitration of a retrospective premium dispute, and appellate court affirmance of summary judgment on a coverage issue relating to excess workers' compensation insurance. Chambers USA noted that clients respect Bob's “superior knowledge of how the [insurance] industry works.”
Bob is also an experienced appellate lawyer, having briefed numerous appellate matters and argued more than a dozen times in the Ninth and Tenth Circuits and in the California Supreme Court and Court of Appeal.
In addition to his legal work, Bob served as an independent trustee of the Alliance Money Market Fund.
Recognized, Top Labor & Employment Attorneys in California, The Daily Journal (2019)
Client Service All-Star, BTI Consulting Group (2018)
Recognized, Northern California, Business Litigation, Super Lawyers (2004, 2008–2020)
Recognized, Business Litigation, Super Lawyers Corporate Counsel Edition (2010–2020)
Ranked, Insurance: Insurer Firms (California), Chambers USA (2009–2016)
Recommended, Antitrust, The Legal 500 (2012)
Member, American Bar Association, Litigation and Tort and Insurance Practice Sections
Member, Bar Association of San Francisco
Copyright © 2021 Morgan, Lewis & Bockius LLP. All rights reserved.