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.
Obtained defense verdict in three-week jury trial on claims against a reinsurance intermediary for professional negligence seeking more than $33 million
Obtained defense verdict in two-month arbitration on claims of trade secret violations relating to enterprise resource planning (ERP) software and seeking $400 million
Obtained judgment for defendants in two-week jury trial seeking millions in damages for denial of stock options
Obtained defense verdict in three-week jury trial on claims of fraud and breach of contract and seeking more than $25 million stemming from an earn-out provision in the acquisition of high-tech company
Obtained multimillion-dollar verdict in jury trial on behalf of bankruptcy trustee seeking insurance benefits for debtor
Obtained defense verdict in bench trial on claims of professional negligence against ERISA actuaries seeking more than $10 million stemming from alleged under-reserving of pension plan
Obtained plaintiff verdict in bench trial on behalf of corporation against former employee who had engaged in kickback schemes with vendors
Obtained defense verdict on summary judgment for law firm in seminal case relating to claims of malpractice stemming from hiring policies
Represented software integrator in successful defense of claims of malpractice in implementation of enterprise resource planning (ERP) implementation seeking more than $100 million
Represented corporation in litigation brought in numerous states to curtail concerted effort of competitor to obtain trade secrets by hiring corporation’s employees
Obtained defense verdict in eight-week jury trial on antitrust claims alleging secret discounts and seeking more than $40 million
Obtained verdict in two-week arbitration to recover full retrospective premium owed by insured
Harvard Law School, Juris Doctor
University of IllinoisUrbana-Champaign, Bachelor of Arts, summa cum laude
US Supreme Court
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the Tenth Circuit
US District Court for the Central District of California
US District Court for the Eastern District of California
US District Court for the Northern District of California
US District Court for the Southern District of California
US District Court for the District of Utah
US District Court for the District of Colorado
Awards and Affiliations
Recognized, Top Labor & Employment Attorneys in California, The Daily Journal (2019)
Client Service All-Star, BTI Consulting Group (2018)
Recognized, Business Litigation, Super Lawyers Corporate Counsel Edition (2010–2018)
Recognized, Northern California, Business Litigation, Super Lawyers (2004, 2008–2018)
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