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Robert A. Burgoyne

Robert A. Burgoyne
Robert A. Burgoyne
Partner

Robert A. Burgoyne

Bob leads complex civil litigation at the trial and appellate levels in federal and state courts across the country.

Commercial litigator Robert Burgoyne’s range of experience includes disputes involving fuel supply agreements, bank loans, project financing, and other complex contracts; Telephone Consumer Protection Act of 1991 claims; antitrust and unfair practice claims; discrimination lawsuits; employment-related disputes; and Administrative Procedures Act challenges to federal regulations. He also represents clients in disputes relating to higher education matters. Bob has served as longtime counsel to several nonprofit associations and standardized testing organizations, for which he has litigated numerous copyright infringement cases and cases involving the Americans with Disabilities Act and state discrimination law claims.

In addition to litigating, Bob assists clients with regulatory compliance, employment matters, contract negotiations and drafting, and developing sound organizational policies. He has participated in rulemaking proceedings before federal agencies and represented clients who are the subjects of federal and state agency compliance investigations.

Bob has been recognized for his commercial litigation work by Chambers USA, which described him as being “prized by clients for his straightforward style and excellent problem-solving abilities.”

Education & Credentials

Education

  • University of North Carolina School of Law, J.D., cum laude, Note and Comment Editor, North Carolina Law Review, 1982
  • Ohio Wesleyan University, B.A., summa cum laude, 1978

Bar and Court Admissions

  • District of Columbia
  • Supreme Court of the United States
  • Superior Court of the District of Columbia
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Eastern District of Michigan

Related Employment

  • Norton Rose Fulbright US LLP (previously Fulbright & Jaworski LLP), Washington, D.C., 1982-2018

Professional Recognition

  • Listed in Best Lawyers in America: Commercial Litigation, 2021-2023

  • Ranked by Chambers USA as a Leading Individual, Washington, D.C.: Commercial Litigation, 2009-2013

  • Fellow of the invitation-only Litigation Counsel of America, 2015-2019

  • Listed as a Top Rated Lawyer by LexisNexis Martindale-Hubbell, 2012-2013

Impact

Community Involvement

  • Wreaths Across America, Arlington National Cemetery, Volunteer Truck Chief, 2016-2019
  • Wakefield School, The Plains, VA, Board Member, 2002-2010
  • Community Association, Board Member, 2008-2014, 2021-present
  • Volunteers In Service To America (VISTA), Bowling Green, KY, 1978-1979

Professional Experience

Experience

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

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