Robert Borton joined the firm in 1972 and practices commercial litigation.

Experience

Mr. Borton’s commercial litigation practice has emphasized the representation of banks and other financial institutions in consumer cases, trust and probate litigation and real estate issues, including construction defect, broker commission and standard of care cases, easement disputes, lease and license litigation. He has represented commercial banks and other major corporations in complex litigation, including class actions involving bank service charges, consumer services, consumer products advertising, and price/contract unconscionability. He has tried numerous jury and court cases, in both state and federal court, including cases involving commercial real estate sale and broker disputes, construction defects, banking practices and retail operations, negotiable instruments, and civil rights claims. Mr. Borton has devoted a significant part of his practice to managing the firm’s Pro Bono practice, including the mentoring and supervision of the firm’s associates on numerous small cases. He also oversees the training of litigation attorneys.

Mr. Borton has won a number of pro bono awards, including the State Bar President’s Pro Bono Service Award (1987), the Lawyers Committee for Civil Rights Robert Sproul Pro Bono Award (1990), The San Francisco Bar Association Award of Merit (1992), the San Francisco Legal Aid Society’s Roll Call for Justice Award (2002), the Opening Doors to Justice Award from the Public Interest Clearinghouse (2004) and the Immigrant Legal Resource Center’s Phillip Burton Civil Rights Lawyering Award (2006). He was recognized by the San Francisco Bar Association as an Outstanding Volunteer in Public Service in 1997, 2002, 2004 and 2006. In 1997, he was the recipient of the Richard E. Guggenhime Award (Heller Ehrman’s award for Pro Bono service to the community). He is the past Chair of Heller Ehrman’s firm-wide Pro Bono Committee, and a member of the San Francisco Lawyers’ Committee for Civil Rights. He serves on the Board of the San Francisco Legal Aid Society and he is a past member of the Board of Legal Services for Prisoners With Children. Mr. Borton is an Adjunct Professor at the Boalt Hall School of Law, teaching a course on litigation practice.

At Heller Ehrman, Mr. Borton has mentored associates throughout his career, both through the firm’s pro bono practice and as the Shareholder responsible for training of litigation associates at the firm. He has supervised young lawyers in hundreds of cases, including over 500 cases through the Lawyers Committee for Civil Rights. In the course of his training work he has also taught and mentored legal services lawyers, including them in all aspects of his firm’s litigation and trial advocacy training.

Representative Engagements

• Represented title insurance company in jury trial involving contract breach/fraud in sale of winery. Alary v. Stimson Lane, Ltd.
• Represented Plaintiff in Civil Rights/Deliberate Indifference to serious medical need jury trial. Burns v. City and County of San Francisco.
• Represented major residential developer in five month jury trial on construction defect and fraud claims. Sturm, et al. v. Ahmanson, Home Savings of America.
• Represented Plaintiff in civil rights and excessive force case; prison inmate shot by guards. Garcia v. Gomez, et al.   This jury case, tried with Associate Joel Jacobs before District Court Judge Thelton Henderson, resulted in a punitive damages judgment against the Warden of the Pelican Bay State Prison.
• Represented manufacturer of lighting and electronic products in defending price discrimination (Robinson-Patman) claims. Chroma Lighting v. Sylvania.
• Represented several car rental companies in age discrimination class action. Clients: National Car Rental System and Alamo. Lazar v. Hertz, et al.
• Represented manufacturer of lighting and electronic products defending class action claims involving alleged fraudulent advertising of consumer products. Whelan v. GTE Sylvania/Robarge v. GTE Sylvania.
• Represented university owner of cogeneration power plant in energy pricing dispute. Cardinal Cogen v. Stanford University.
• Represented bank defendants in numerous consumer class action cases, including challenges to the level of check overdraft charges, to the level of credit card late charges, to stop payment charges and to limitations on product availability, and in cases alleging price fixing/unconscionability in credit card and other bank charges. Rebney v. Wells Fargo Bank and other bank class action defense cases.
• Represented rental car company defendants in consumer class actions attacking rental car collision damage waiver fees. Truta v. Avis, et al.
• Represented plaintiffs in federal civil rights class action challenging government restrictions on access to counsel for refugees applying for political asylum. Committee of Central American Refugees v. INS.
• Represented plaintiff in federal action to enforce the Marine Mammal Protection Act and prevent the destruction of dolphins by tuna fishermen using gill nets. Earth Island Institute v. Mosbacher.  Mr. Borton handled the early stages of this case, with colleague Josh Floum, also before United States District Judge Thelton Henderson.