Robert A. Burgoyne

Antitrust Class Action*

Represented an association in a nationwide antitrust class action lawsuit involving graduate medical education; the case was dismissed as to all defendants and the dismissal was affirmed on appeal.

Copyright Infringement Trial Verdict for Standardized Testing Company*

Represented a standardized testing organization in a copyright infringement lawsuit against a test preparation company; the organization prevailed following trial and was awarded more than $10 million in damages plus attorneys' fees and costs.

TCPA Class Action

Defeated class certification and obtained summary judgment on plaintiff's individual claims in a case in which plaintiff was seeking over $400 million in damages under the Telephone Consumer Protect Act based upon its receipt of alleged unsolicited fax advertisements; denial of class certification upheld on appeal.

IP Lawsuit in Beijing*

Represented a U.S. company as a plaintiff in one of the first intellectual property lawsuits in China after China joined the World Trade Organization; the case was decided in favor of the company and its co-plaintiff in both the lower court and on appeal to the Beijing High Court.

Defense of Project Finance Lenders Sued for Not Disbursing Loans*

Represented two multilateral lending institutions in a lawsuit in the Southern District of New York involving a failed road concession in South America, where borrower asserted a breach of contract claim when lenders refused to disburse; case settled with no payments by the defendants.

Trial of Mining Company’s Multimillion Dollar Contract Dispute*

Represented a mining venture in litigation with two utilities that attempted to get out of a long-term (25-year) lignite mining contract and to recover substantial monetary damages; the venture obtained partial summary judgment and prevailed at trial on remaining issues, following which the case settled.

Distressed Debt Litigation*

Represented a multilateral lending institution in a federal lawsuit involving the sale of distressed debt.

Litigation Against LLC Member Companies Under Reserve Capital Call Securing $800 Million in Bank Loans*

Represented two member companies of an international telecommunications venture, in suit brought on behalf of a consortium of banks that had loaned $800 million to the venture; favorably resolved to the satisfaction of the two member companies. 

Trade Secrets Lawsuit*

Represented a company in a noncompete and misappropriation of trade secrets lawsuit against a former employee.

Supply Contract Litigation for Coal Producer*

Represented a large coal producer in cases involving long-term coal supply contracts and significant dollar amounts; in all the cases, the producer prevailed.

Defended Testing Entity in Putative Class Action Lawsuit Alleging National Origin Discrimination 

Defending a lawsuit brought by an individual whose scores on a medical licensing exam were invalidated (along with the scores of approximately 830 other individuals) based upon evidence showing the prior disclosure and use of secure exam content by examinees; court denied motion for a preliminary injunction that would have required reinstatement of the invalidated scores. 

Defended ADA “Pattern and Practice” Discrimination Lawsuit*

Represented an organization in a "pattern and practice" discrimination lawsuit brought by the United States Department of Justice under the Americans with Disabilities Act (ADA); the case was favorably resolved by way of a settlement that included dismissal of the lawsuit.

Law School Accreditation Litigation*

Defended an association in two cases brought by a law school that was denied accreditation; the school asserted antitrust and state law claims; summary judgment was entered for the association and affirmed on appeal.

University Related Litigation*

Representation of universities in lawsuits involving, among other issues:

• NCAA eligibility
• Insurance coverage
• Faculty disputes
• ADA compliance
• Student disputes
• Intellectual property

ADA Litigation and Compliance Investigations

• Represented testing entities in dozens of ADA lawsuits. 
• Represented state licensing boards in connection with ADA-related investigations by the United States Department of Justice.
• Represented testing entities in connection with ADA-related investigations by the United States Department of Justice.

Pro Bono Litigation

Represented inmates at the federal prison in which all federal executions take place and obtained a ruling that the COVID-related health risks created by continued executions likely constituted cruel and unusual punishment for the broader prison population in violation of the Eighth Amendment; preliminary injunction granted requiring modifications to prison's COVID-19 prevention measures. 

Amicus Briefs in the U.S. Supreme Court, Federal Courts of Appeals and State Supreme Courts*

• Represented various higher education and healthcare organizations in amicus briefs filed in the United States Supreme Court involving diversity as an admissions factor.
• Represented several universities in submitting an amicus brief in a federal appellate court on ADA issues of first impression.
• Represented nonprofit associations in submitting amicus briefs in cases of importance to their members.

*Prior firm experience