Robert A.Mittelstaedt (Bob)

Of Counsel

(T) 1.415.875.5710 (F) 1.415.875.5700

Bob Mittelstaedt is described in Chambers as "one of the finest trial lawyers in the state," an "all-purpose" and "phenomenal" litigator, "tenacious and thorough." He has 40 years experience in complex commercial cases, including antitrust, copyright, unfair business practice, international law claims under the Alien Tort Statute, and employment law — in industries ranging from software to energy. He also has been responsible for the defense of nationwide class actions and for complex arbitrations, grand jury, and other criminal matters.

His trials include a Daily Journal "Top Verdict" in a 2016 IP case; defending a lead paint maker against public nuisance charges by government entities; representing SAP against Oracle in a high-stakes copyright case; and a defense jury verdict in a high-profile Alien Tort Statute case recognized as the "California Defense Verdict of 2008" by the Daily Journal and for which he received the California Lawyer "Attorney of the Year Award for Litigation" (an honor he received for other cases multiple times since). Other trials include a defense jury verdict in a monopolization case after a three-month trial, a declaratory ruling that Hawaii's rent control law was unconstitutional (later overturned by the Supreme Court), a wrongful death trial in Los Angeles federal court, and jury trials as an acting public defender.

Bob has served as a director of the Bar Association of San Francisco and the Lawyers' Committee for Civil Rights. He has spoken and written on trial practice and civil discovery. Before starting his legal career, he served as a Peace Corps volunteer in Micronesia.

Experience

  • Procter & Gamble defeats class certification in misbranding actionJones Day obtained complete denial of class certification in a putative consumer class action brought against The Procter & Gamble Company in which the plaintiffs alleged that the labeling of Pringles potato crisps is false and misleading.
  • Sherwin-Williams defends lead paint actions brought by California cities and countiesJones Day is defending The Sherwin-Williams Company against claims brought by ten of California's largest cities and counties.
  • Jones Day prevails before California Supreme Court in Heller Ehrman "unfinished business" caseOn March 5, 2018, the California Supreme Court unanimously ruled in favor of Jones Day in the long-running suit brought by the bankruptcy estate of Heller Ehrman LLP asserting claims for so-called "unfinished business."
  • Synopsys wins $30 million jury verdict and obtains permanent injunction in software IP actionAfter a two-week trial, Jones Day obtained a $30.4 million jury verdict on behalf of Synopsys, Inc. on its copyright infringement claim against ATopTech, Inc. Synopsys is a leader in electronic design automation (EDA) software.
  • Adobe Systems resolves recruiting antitrust litigationJones Day client Adobe Systems Inc. reached a settlement agreement resolving a nationwide antitrust class action brought by current and former employees of Adobe, Apple, Google, Intel, Intuit, Lucasfilm or Pixar alleging conspiracy to fix and suppress employee compensation by entering into non-solicitation agreements.
  • Jones Day obtains dismissal of Howrey "unfinished business" caseOn June 3, 2015, Jones Day won a motion to dismiss the so-called "unfinished business" case arising from the bankruptcy of Howrey LLP.
  • SAP's district court victory affirmed by Ninth CircuitThree months after oral argument, the Ninth Circuit issued an order affirming federal district court judge Phyllis Hamilton's decision to overturn a $1.3 billion verdict against Jones Day client SAP AG in a long-running copyright dispute with Oracle.
  • Aetna wins dismissal of antitrust litigationJones Day won dismissal of an antitrust case brought by four diagnostic testing laboratories alleging that Aetna Inc. and other healthcare payers had entered unlawful exclusive dealing arrangements with Quest Diagnostics.
  • Interstate Batteries resolves class action lawsuit surrounding replacement price of batteries under warrantyJones Day client Interstate Battery System International, Inc. resolved a class action lawsuit brought by plaintiffs alleging Interstate Battery provided misleading information regarding the price at which customers would be able to purchase replacement batteries under the warranty.
  • SAP's $1.3 billion jury award vacatedIn November 2010, Jones Day defended SAP AG, SAP America, Inc. and TomorrowNow, Inc. in an Oakland federal trial that was limited to the amount of damages to be awarded on Oracle's copyright claims.
  • Firestone Natural Rubber prevails in Seventh Circuit appeal of summary judgment in widely publicized case under Alien Tort StatuteOn July 11, 2011, the U.S. Court of Appeals for the Seventh Circuit affirmed an order granting summary judgment to Jones Day client Firestone Natural Rubber Company in a widely publicized case under the Alien Tort Statute.
  • SAP uses cost-saving strategies to comply with overwhelming data requests seeking in excess of twenty terabytes of dataJones Day demonstrated significant e-discovery expertise in its representation of SAP AG, SAP America, and TomorrowNow, Inc. in a software copyright infringement matter.
  • Chevron wins Ninth Circuit affirmance of jury verdict in highly publicized Nigerian human rights caseOn September 10, 2010, the United States Court of Appeals for the Ninth Circuit affirmed the jury verdict in favor of Jones Day client Chevron Corporation and two of its subsidiaries in a highly publicized Alien Tort Statute case.
  • San Francisco Forty Niners settled dispute with City involving proper maintenance of Candlestick ParkJones Day represented the San Francisco Forty Niners Ltd. in a dispute with the City and County of San Francisco over the City's failure properly to maintain and improve Candlestick Park, where the Forty Niners play their home games during the NFL season.
  • Bridgestone defeats class certification of Alien Tort Claims Act charges of forced labor on Liberian plantationJones Day represented Firestone Natural Rubber and related companies in connection with a purported class action brought by workers on a rubber farm in Liberia under the Alien Tort Statute alleging forced labor and child labor.
  • Chevron defends allegations of price gouging following Hurricane KatrinaJones Day is defending client Chevron Corporation in alleged claims of price gouging following Hurricane Katrina.
  • Chevron and Unocal successfully resolve antitrust class actions regarding reformulated gasolineJones Day defended Union Oil Company of California, together with parent corporations Unocal Corporation and Chevron Corporation, in 14 federal (MDL) and state court class actions, all of which were patterned after a March 2003 FTC administrative complaint (i.e., FTC Docket No. 9305).
  • Chevron and other oil companies win summary judgment in information-sharing caseOn August 20, 2008, the United States District Court for the District of New Jersey granted summary judgment against plaintiffs who claimed that oil industry employers, including Jones Day client Chevron Corporation, had exchanged detailed salary information in an attempt to artificially suppress salaries of managerial, professional, and technical (MPT) employees, in violation of Section 1 of the Sherman Act.
  • Chevron defends Ecuadorean cancer claimsJones Day successfully defended Chevron Corporation in a toxic tort case originally brought by seven Ecuadorians alleging they contracted cancer from Texaco's (Chevron's predecessor's) former operations in Ecuador.
  • Chevron defends against purported state-wide class action alleging off-the-clock violations of California lawJones Day defended Chevron Corporation in purported state-wide class action alleging meal period and off-the-clock claims in violation of California state law.
  • Additional Publications

    • Spring 2011Corporate Liability under the Alien Tort Statute, ABTL Report

    Speaking Engagements

    • February 23, 2012
      Executive Roundtable Series: International Litigation and Arbitration: Offensive and Defensive Trends for Corporate Counsel
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