Robert Rosenfeld joined the firm in 1979 and has a litigation practice, which includes alternative dispute resolution, antitrust, financial institutions and international law. He served as Chairman of Heller Ehrman from 1993 to 1999 and is currently a member of the firm’s Policy Committee. Mr. Rosenfeld is also a member of the Antitrust & Trade Regulation Practice Group.

Experience

Mr. Rosenfeld has an antitrust practice. For the last 6 years he has led the firm’s representation of Microsoft Corporation in numerous cases filed in California and elsewhere across the United States and abroad. In addition, he provides advice regarding mergers, acquisitions and joint ventures to companies in Silicon Valley. Over the last fifteen years, he has also advised major health insurance companies regarding antitrust issues and has litigated several cases involving the application of antitrust principles in the health care marketplace.

Mr. Rosenfeld’s practice also includes complex business litigation, principally on behalf of major financial institutions. He has also represented and counseled special litigation committees in the conduct of internal investigations and the prosecution and defense of derivative litigation.

From 1986 until 1992, Mr. Rosenfeld traveled to the Soviet Union on a number of occasions to participate with Soviet lawyers and academics in projects involving commercial matters and human rights issues.

Representative Engagements

• Microsoft Corporation: Counsel in numerous antitrust actions in California and throughout the United States.
• Bank of America: Represented Bank of America in litigation concerning personal trustee charges and practices (1994-2004), as well as in litigation arising out of alleged irregularities in the Bank’s corporate trust operations (1995-2004).
• Bank of America: Argued and won major National Bank Act preemption case in the California Supreme Court (1999).
• KPMG International: Represented KPMG International in several matters arising out of the Orange County Bankruptcy (1996-98).
• Bank of America: Directed a team of lawyers defending Bank of America in litigation arising out of a loan servicing failure in the secondary market for guaranteed student loans resulting in losses exceeding $500 million. (1988-93).
• California Vision Services: Lead counsel in antitrust action involving state and federal monopolization claims as well as challenges to allegedly exclusionary contractual relationships with suppliers and distributors (1990-92).
• Delta Dental: Litigated several state and federal antitrust actions involving challenges to Delta's contractual relations with its members dentists and to the inclusion of most favored nation clauses in its contracts (1980-90).
• Pacific Gas & Electric Co.: Represented Special Litigation Committee in connection with an investigation of the construction and operation of the Diablo Canyon Nuclear Power Plant, and the defense and ultimate settlement of a derivative action relating to that facility (1986-89).
• Sun Microsystems, Inc.: Represented Special Litigation Committee of Sun Microsystems in derivative action arising out of unprecedented challenge to settlement of major securities action (1994).
• Seattle First National Bank: Represented Seattle First National Bank in litigation against its former officers and directors arising out of the failure of Penn Square Bank in Oklahoma. The representation resulted in a stipulated judgment for $110 million against the former officers and directors and a trial against the officers' and directors' insurance carrier from whom substantial damages were ultimately recovered (1984-88).