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Fulbright & Jaworski L.L.P.

Robert A. Burgoyne, Robert Burgoyne, Burgoyne, Fulbright & Jaworski L.L.P., Fulbright & Jaworski, Fulbright and Jaworski, Fulbright, litigation, civil litigation, federal state appellate, complex litigation, antitrust, copyright infringement, federal agency investigation, APA, Americans with Disabilities Act, coal, standardized testing, higher education, NACUA, University of North Carolina, Ohio Wesleyan University, North Carolina Law Review, summa cum laude, cum laude,
Robert A. Burgoyne - Fulbright & Jaworski LLP
Robert A. Burgoyne
Partner
D: +1 202 662 4513
Washington, D.C.
Market Square
801 Pennsylvania Avenue, N.W.
Washington, DC 20004-2623
T: +1 202 662 0200
F: +1 202 662 4643
AREAS OF CONCENTRATION
  • Complex Civil Litigation
EXPERIENCE

Bob Burgoyne has been an attorney in the Washington, D.C. office of Fulbright & Jaworski L.L.P. since 1982, and a partner since 1991. His practice centers on civil litigation in federal and state courts across the country at both the trial and appellate levels. He has litigated a broad range of cases, including antitrust claims, copyright infringement disputes, APA challenges to federal regulatory action, government contract appeals, discrimination and other employment-related claims, claims under the Americans with Disabilities Act (ADA), loan and other commercial contract disputes, and disputes under long-term fuel supply contracts, particularly long-term coal contracts. He has participated in rulemaking proceedings before federal agencies and has represented clients who are the subject of federal agency investigations. 

In addition to handling litigation and providing advice on regulatory compliance issues, Bob regularly assists clients in negotiating and drafting contracts, and in preparing and implementing company policies.

REPRESENTATIVE EXPERIENCE

Bob's representations include:

  • 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
  • An oil and gas producer in a multi-defendant case alleging an antitrust conspiracy to increase the price of natural gas; summary judgment was granted for the defendants
  • 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
  • Defendant investors in a multi-party lawsuit involving a failed telecommunications system in which a syndication of banks was seeking hundreds of millions of dollars in damages
  • A foreign sovereign in litigation brought against the sovereign in the United States, with billions of dollars in potential liability at issue; the sovereign prevailed in a unanimous decision by the United States Supreme Court
  • A company in connection with an intellectual property lawsuit in Beijing, China; 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
  • Various organizations in lawsuits involving internet-based copyright infringements
  • Two multilateral lending institutions in a lawsuit involving a failed road concession in South America
  • 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 prevailed in the trial of certain issues and obtained partial summary judgment on others, following which the case settled
  • A multilateral lending institution in connection with an arbitration proceeding involving a power project loan default
  • A multilateral lending institution in a lawsuit involving the sale of distressed debt
  • A company in a non-compete and misappropriation of trade secrets lawsuit against a former employee
  • A large coal producer in various cases involving long-term coal supply contracts and significant dollar amounts; in all of the cases, the courts ruled in favor of the producer
  • A company in its appeal of a jury verdict involving an employee terminated for violating the company's drug policy; the verdict was overturned on appeal and judgment was entered for the company
  • An organization in a "pattern and practice" discrimination lawsuit brought by the United States Department of Justice under the ADA; the case was favorably resolved by way of a settlement that included dismissal of the lawsuit
  • 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
  • A university in litigation involving an NCAA eligibility rule
  • A university in litigation involving an insurance coverage dispute
  • A university in litigation brought by a professor
  • Various higher education and health care organizations in an amicus brief to the United States Supreme Court involving diversity as an admissions factor
PROFESSIONAL ACTIVITIES and MEMBERSHIPS
  • National Association of College and University Attorneys (NACUA)
PROFESSIONAL HONORS
  • Chambers USA, "Leading Individual," commercial litigation, Washington, DC (2009 - 2011)
PUBLICATIONS
  • "ADA Update: The Status of Eleventh Amendment Immunity and the Rooker-Feldman Doctrine as Defenses to Claims Asserted Against Bar Examiners Under the ADA," The Bar Examiner, August 2007
  • "'Global Warming' Litigation," Fulbright & Jaworski LLP Litigation Update, October 2005
  • "Supreme Court Clarifies the Meaning of 'Disabled' for Purposes of the ADA," The Bar Examiner, February 2002
  • "Understanding Attorney - Client Privilege Issues in the College and University Setting," NACUA Monograph, 1998
  • "The Copyright Remedy Clarification Act of 1990: State Educational Institutions Now Face Significant Monetary Exposure for Copyright Infringement," Journal of College and University Law, 1992
  • "Criminal Prosecutions Initiated by Administrative Agencies: The FDA, the Accardi Doctrine and the Requirement of Consistent Agency Treatment," Journal of Criminal Law and Criminology, 1987
SPEECHES

Bob has spoken at numerous national conferences on topics that relate to litigation and statutory compliance issues. He has also given in-house presentations to clients and to the Boards of Directors of clients.

EDUCATIONAL BACKGROUND

1982 - J.D., cum laude, University of North Carolina
1978 - B.A., summa cum laude, Philosophy, Ohio Wesleyan University

Bob was admitted to practice law in the District of Columbia in 1982 and in Pennsylvania in 1996. He is admitted to practice before the United States Supreme Court; the U.S. Courts of Appeals for the District of Columbia Circuit, Second Circuit, Third Circuit, Fourth Circuit, Fifth Circuit, Seventh Circuit, and Tenth Circuit; the U.S. District Court, District of Columbia; and the local District of Columbia courts.

While attending law school, Bob was Note and Comment Editor of the North Carolina Law Review.







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