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Robert B. Lovett is a partner in the Firm's Litigation department and a member of the Cooley Securities Litigation and Commercial Litigation practice groups. He joined the Firm in July 2007 as one of the Boston office's founding partners.
Mr. Lovett has expertise in all aspects of complex business litigation for publicly held and private businesses, including pre-litigation counseling and risk analysis, substantive motion practice including class action and MDL proceedings, and trial on the merits. Mr. Lovett is accomplished at implementing strategies to achieve early, cost effective resolutions, and has a strong track record of winning dismissals of lawsuits brought against his clients. Mr. Lovett has headed significant commercial litigation matters involving securities fraud, director and officer liability, fiduciary obligations, unfair competition and trade secret theft, and corporate transactions. During the last several years, Mr. Lovett has represented numerous technology and life sciences companies, including AtCor, Inc., Avedro, Inc., Nuvo Research, Inc. CaseNet, Inc., HighJump Software, RogueWave Software, Mosaic Group, Inc., among others.
The following is representative of Mr. Lovett's work:
- Defending pharmaceutical company and its officers and directors in federal securities class action litigation (AMAG Pharmaceuticals Securities Litigation – Case No. 10-CV-10470-NMG/District of Massachusetts)
- Defending former stockholders of dermatology drug discovery company in M&A related litigation (Pharmaceutical Product Development, Inc. v. Gallagher, et al., Delaware Chancery Court, Case No. 5688-VCS)
- Defending technology and service corporation in consumer fraud class action (Himber v. Intuit, et al., Case No. 10-CV-2511 (E.D.N.Y.))
- Defending technology company and venture investors in breach of contract and breach of fiduciary duty litigation (Campbell v. HighJump Software, Inc., Case No. 27-CV-10-21754 (Minnesota))
- Representing technology company in action alleging violation of public bidding requirements resulting in wrongful contract award (Verrus Mobile Technologies, Inc. v. Massachusetts Bay Transportation Authority, Case. No. 10-4181-G (Commonwealth of Massachusetts))
- Represented thermo-biomechanics corporation in action to facilitate the continuation and completion of clinical trials testing corneal collagen cross linking for treatment of certain eye disorders (Avedro, Inc. v. Clinical Research Consultants, et al., Case No. A1004974 (Ohio))
- Obtained dismissal of former corporate officer from consumer fraud class action. (Ceballos v. Fuze Beverage, et al., Case No. 08-06474 (C.D. Cal. 2008))
- Obtained dismissal of lawsuit, against five corporate directors or officers, alleging breach of fiduciary duty, corporate waste and fraud, arising from multi-million dollar cross border corporate acquisition and subsequent bankruptcy. (Seidel v. MDS Directors/Officers, Case No. 05-C-6698-Moran (N.D. Ill. September 2008))
- Obtained dismissal of venture capital investors/directors and company CEO from securities fraud action arising from a corporate acquisition.
- Obtained dismissal with prejudice of fraudulent transfer claims brought by receiver in bankruptcy against corporate officer, arising from securities transaction. (Steinberg v. Alpha Omega Group, et al., Case No. 04-60899-CIV-MARRA (S.D. Fla. 2008))
- Prevailed in trade secret theft matter by defeating attempts to enjoin developer and provider of digital content to handheld and mobile devices from participating in industry tradeshow. (3rd Dimension, Inc. v. Skyward Mobile, LLC, Index No. 603401/07 (N.Y. Sup. Ct. 2007))
- Obtained favorable result representing securities broker/dealer and one of its principals through arbitration trial on the merits before the Financial Industry Regulatory Authority (Massachusetts 2008)
- Obtained dismissal with prejudice of all claims asserted against corporate officer in multimillion-dollar cross-border securities fraud class action. (In Re Philip Services Corp. Securities Litigation, Case No. 98-CV-835 (MBM) (S.D.N.Y. 2006))
- Obtained dismissal with prejudice of all securities fraud and other claims against corporate officers and directors in multimillion-dollar securities action alleging misrepresentations in connection with the purchase of a privately held U.S. company. (Organ v. Byron, 435 F. Supp. 2d. 388 (D. Del. 2006) and Organ v. Byron, 434 F. Supp. 2d. 539 (N.D. Ill. 2005))
- Recovered $12 million at trial on behalf of plaintiff shareholders in fraud, breach of fiduciary duty and securities dispute arising from a cross border corporate joint venture. (Mosaic InfoForce and Mosaic Group, Inc.) (AAA Arbitration))
- Obtained dismissal of all fraud, conspiracy and other claims brought against New Hampshire-based manufacturing company. (Pearce v. Praxair Distribution, Inc., (Case No. 030918405 P1, 3rd District Court - Salt Lake City, Salt Lake County, State of Utah))
- Obtained dismissal with prejudice of federal securities fraud, common law fraud and contract related claims against publicly held internet services and consulting firm. (Lancer Offshore, Inc., et al. v. Dominion et al., 2002 Fed. Sec. L. Rep. (CCH) 91, 737 (S.D.N.Y.) (March 20, 2002))
- Obtained dismissal of securities fraud, misrepresentation and other claims brought in federal court against hedge fund officer. (Simon v. Evans, et al., Case No. 01-11555-MLW (D. Mass. 2004))
- Obtained dismissal of public company's chairman from federal securities fraud action pending in the District Court of Massachusetts. (Umina, et al. v. Envision Development Corporation, Case No. 03-10914-MLW (D. Mass. 2005))
- Pierced wrongly asserted claims of privilege and confidentiality made by international lender and its affiliates. (Gulf Islands Leasing, Inc. v. Bombardier Capital, Inc., 215 F.R.D. 466 (S.D.N.Y. 2003))
- Prosecuted claims of bad faith contract breach and unfair competition, resulting in $11 million recovery for the client. (New England Business Service) (AAA Arbitration)
- Obtained sanctions and dismissal of all claims asserted in federal court against computer chip design and manufacturing company and its CEO by demonstrating that plaintiff's multimillion-dollar claims for convertible warrants were based on a forged contract. (Munshani v. Terago Communications, Case No. 00-CV-12614-RGS (D. Mass. 2001))
- Obtained a preliminary injunction and attachments, and defeated claims of trade secret theft and fraud, on behalf of publicly held software consulting and products firm, arising from broken merger. (Biz2Net Corporation v. Envision Development Corp., Case No. 001012-B (Commonwealth of Massachusetts))
- Obtained confidential arbitration award on behalf of a venture capital client in connection with the dissolution and reformation of an international VC firm (AAA Arbitration)
- Obtained dismissal of arbitration and recovered attorneys' fees from opponent on behalf of medical device manufacturer. (Instrumentation Laboratory Company) (AAA Arbitration)
Mr. Lovett has also provided advice and/or litigation representation to numerous other corporations and businesses, including Cambridge Technology Partners, Casenet, Inc., PeopleSoft, DataWatch Corporation, Colonial Life & Accident Insurance Co., Abbott Laboratories, WST Partners, PAR Capital Management, Candela Laser Corporation, DynaGen, Inc., Citrix Systems, Covanta Energy Corporation, GE/Ionics, Hypertherm, Inc. and many others.
Mr. Lovett began his career with the Boston law firm of Testa, Hurwitz & Thibeault, LLP where he was a litigation associate and partner. Mr. Lovett's legal career also has included service as Special Assistant District Attorney in Massachusetts, where he tried numerous criminal cases to jury verdict, and Court Clerk to the Honorable David S. Nelson, of the United District Court for the District of Massachusetts.
Mr. Lovett received his law degree, cum laude, from Tulane Law School, and received his B.A., cum laude, from the University of Massachusetts at Amherst. While in law school, among other honors, Mr. Lovett was selected as lead oralist for the ALI/ABA National Trial Team.
Education- Tulane Law School
JD, cum laude, Moot Court Honors, ALI/ABA National Trial Team - University of Massachusetts
BA, cum laude
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