Rob Roberts is a versatile commercial litigator who focuses his practice primarily on the areas of health care and restructuring. Drawing on more than a decade of experience, Rob advises clients in contested commercial disputes and False Claims Act litigation for health care and life sciences companies; Chapter 11 bankruptcy cases; and commercial disputes, fiduciary duty litigation and pre-investment diligence involving private equity and venture capital firms and their portfolio companies.
Rob enjoys the challenge and the opportunity of working with clients to help them through difficult situations and times of crisis, including restructurings, broken deals and high-stakes litigation. In such charged situations, his broad experience, sound judgment and calmness under pressure are valuable assets to clients.
In addition to his busy litigation practice, Rob devotes a significant amount of time to pro bono work. Among other efforts, Rob was recognized as a Massachusetts Lawyer of the Year for 2021 for his work with the Massachusetts Supreme Judicial Court addressing COVID-19 issues in Massachusetts prisons and jails.
Experience
Health Care Litigation
- Obtained summary judgment on behalf of major health care provider in False Claims Act case alleging billions of dollars in potential liability in connection with alleged regulatory compliance issues.
- Represented major pharmaceutical companies in False Claims Act litigation involving the offering of free nursing and reimbursement support services and successfully obtained dismissal of all claims.
- Successfully represented a national pharmacy in a Massachusetts Attorney General investigation into prescription drug pricing.
- Representing hospitals, academic medical centers, medical device, and pharmaceutical companies in complex commercial disputes and False Claims Act litigation.
- Represented Boston Children’s Hospital in defeating a challenge to a determination of need, brought by opponents of a much needed modernization and expansion project to build, among other things, a state-of-the-art NICU and heart center.
Restructuring Litigation
- Representing Elliott Investment Management in the contested Chapter 11 restructuring of Windstream Holdings.
- Conducted investigation of potential related-party claims on behalf of the Special Committee of a Chapter 11 debtor.
- Represented 1.5 lien indenture trustee for $250 million of notes issued by Momentive Performance Materials following remand by the Second Circuit in precedent-setting litigation on the determination of cramdown interest rates in Chapter 11 bankruptcy.
- Represented the official committee of unsecured creditors in the Chapter 11 case of Sabine Oil & Gas.
- Represented a hedge fund creditor in derivatives claims litigation in Lehman bankruptcy.
- Represented the Indenture Trustee for the First Lien Noteholders in the Chapter 11 restructuring of Energy Future Intermediate Holdings LLC.
- Defending the directors of insolvent companies in fiduciary duty litigation.
- Lead trial counsel in successful Chapter 11 reorganization of a historic African Methodist Episcopal Church.
Investment Funds
- Regularly represent private investment fund managers in responding to SEC and third party subpoenas.
- Represented leading private equity firm in COVID-related broken deal litigation in Delaware Chancery Court.
- Successfully moved to dismiss a private equity company from putative federal class action lawsuits related to the closure of a subsidiary of one of its portfolio companies, a for-profit law school.
- Representing private equity firms and their portfolio companies in complex commercial disputes, broken deal litigation, and pre-acquisition diligence.
- Advising leading venture capital firms on Foreign Corrupt Practices Act and anti-corruption compliance.
Pro Bono
- Assisted the Special Master appointed by the Massachusetts Supreme Judicial Court in litigation related to addressing COVID-19 issues in state and counties prisons and jails.
- Co-supervising partner for the firm’s Medical Legal Partnership project, which has provided pro bono legal services to hundreds of Dorchester House patients.