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Robert A. Skinner
Partner




Ropes & Gray
One International Place
Boston, MA 02110-2624

T + 1-617-951-7560
F + 1-617-235-0434
+ 1-617-854-2230 secretary
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Practice

Robert Skinner, a litigation partner in the Boston office of Ropes & Gray, focuses on securities and other complex litigation on behalf of investment advisors and other financial services firms. In recent years, Rob has been heavily involved in litigating many of the leading issues facing the mutual fund industry, including excessive fee claims, subprime-related losses, market timing and revenue sharing. He represents the advisor defendant in Jones v. Harris Associates, last year’s Seventh Circuit decision on excessive fee claims under Section 36(b) of the 1940 Act, which will be heard in the U.S. Supreme Court in the fall of 2009. He secured summary judgment for the advisor of the RiverSource Funds in a similar excessive fee case litigated in the Eighth Circuit, Gallus v. Ameriprise Financial, Inc. He also represents State Street Global Advisors in multiple federal actions regarding subprime mortgage-backed securities losses, including securities and ERISA class actions. Rob is pursuing claims on behalf of Ameriprise Financial against The Reserve Fund arising out of the 2008 “breaking of the buck” in the Reserve Primary Fund.

In addition to handling active litigation matters, Rob frequently advises investment managers and other clients in their dealings with state and federal regulators.

Professional Experience

Rob’s litigation experience spans many different jurisdictions, industries, and subject matters, including the following:
  • Seventh Circuit victory for mutual fund advisor against shareholder claims of excessive advisory fees. Jones v. Harris Associates LP, 527 F.3d 627 (7th Cir. 2008);
  • Representing investors in the Reserve Primary Fund in multidistrict litigation over the money market fund’s “breaking of the buck” in 2008;
  • Defending State Street Global Advisors in multidistrict litigation regarding investments in subprime mortgage-backed securities;
  • Jury verdict in favor of Lloyd’s insurance syndicates and other European insurers following twelve-week trial in the Southern District of New York over insurance coverage for the destruction of the World Trade Center on 9/11, affirmed by the Second Circuit, SR International Business Ins. Co. Ltd. v. World Trade Center Properties, LLC, 467 F.3d 107 (2nd Cir. 2006);
  • Obtained summary judgment for London insurers in related 9/11 World Trade Center litigation against the Port Authority of New York and New Jersey over additional multi-billion dollar claims;
  • Argued and won a favorable decision in the Second Circuit enforcing arbitrability of a class claim asserted by a university endowment against a Russian oil and gas company, JSC Surgutneftegaz v. President and Fellows of Harvard College, No. 05-4364-CV, 2006 WL 354282 (2nd Cir. Feb. 15, 2006);
  • Obtained dismissal of derivative shareholder suit against mutual fund adviser alleging breach of fiduciary duty and securities law violations. Mutchka v. Harris, 373 F. Supp. 2d 1021 (C.D. Cal. 2005).
  • Won dismissal of claims against venture capital fund by former partner after proving that opposing party had defrauded the court by use of forged electronic evidence.
  • Defended manufacturer in the largest environmental natural resources damages case ever brought, tried in the Central District of California.


Honors & Awards

  • "Future Star," Benchmark Litigation (2009)
  • Massachusetts Super Lawyers (2008-2009)


Presentations & Speeches

  • Panelist, "How Much Is Too Much? The Supreme Court Review of the Gartenberg Standard in Jones v. Harris Associates," Boston Bar Association (June 2009)
  • Speaker, 2009 Investment Company Directors Workshop: "Board Responses to a Shifting Financial Landscape" (April 2009)
  • Speaker, Governing Council of the Investment Company Institute's Independent Directors Council regarding Jones v. Harris Associates and Gallus v. Ameriprise cases. (April 2009)
  • Panelist, "Mutual Fund Civil Litigation: The Current Landscape," 2009 Mutual Funds and Investment Management Conference, sponsored by the Investment Company Institute (March 2009)
  • Panelist, Investment Company Institute's 2008 Independent Counsel Roundtable, Legal Issues Facing Counsel to Mutual Fund Independent Trustees and the Impact of the Jones v. Harris Associates Decision (July 2008)
  • Presenter, Ignites Webinar on "Pricing Funds Post-Gartenberg " (Examining the Effects of the Seventh Circuit's Ruling in Jones v. Harris Associates) (June 2008)


Bar Admissions
  • Massachusetts, 1994


Courts
  • U.S. Court of Appeals for the 1st Circuit
  • U.S. Court of Appeals for the 2nd Circuit
  • U.S. Court of Appeals for the 7th Circuit
  • U.S. Court of Appeals for the 8th Circuit
  • U.S. Court of Appeals for the 10th Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • Supreme Court of the United States
  • U.S. District Court for the District of Massachusetts


Education
  • 1994, J.D., magna cum laude, Harvard Law School; Editor, Harvard Law Review
  • 1991, A.B., summa cum laude, Washington University in St. Louis; Phi Beta Kappa



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