Robert A. Jaffe

(202) 828-2434
Of Counsel
(202) 828-2488 Fax
Robert.Jaffe@KutakRock.com

Mr. Jaffe concentrates his practice in complex civil and commercial litigation, including antitrust, banking, business torts, contract disputes, insurance coverage, international trade and securities. He has extensive experience in administrative proceedings and defense of government and agency investigations, as well as over 25 years of experience with leading firms in New York and Washington, D.C., representing financial institutions, manufacturing corporations, high-tech companies, health care providers, foreign businesses in the United States and individual officers and investors. In addition, Mr. Jaffe has experience in implementing and managing electronic discovery projects including document preservation and production, electronic searches, development of electronic discovery protocols, and vendor supervision and oversight.

Mr. Jaffe has been the lead counsel in jury and non-jury trials and on appeals in the D.C., Federal and Second Circuits and various state courts, and has worked as part of multi-firm defense counsel teams on numerous multi-party antitrust and other class action cases.

  • Prepared HSR filing on sale regional hospitals and medical centers; negotiated informal provision of information to FTC to avoid second request.
  • Sale of REIT assets including billion dollar commercial real estate mortgage portfolio; review of transaction for potential competitive issues, and preparation and filing of HSR notice.
  • Advice on acquisition of data processing company by competitor; preparation of HSR notice and work with German counsel on EU filing exemption.
  • Creation of joint venture for Midwest hospital and related medical partnership; work on structure of transaction in regard to potential antitrust issues,review of joint venture documents, advice on implementation.

Representative Cases:

  • Financial Guaranty Insurance Company v. Countrywide Home Loans Inc. (N.Y. Sup Ct.) Financial Mortgage Securitization Litigation – Claims for fraud and breach of representations in RMBS securitizations by monoline insurer against mortgage loan originator.
  • Skinner v. Preferred Credit, 361 N.C. 114, 638 S.E.2d 203 (N.C. 2006), Faircloth v. Nat'l Home Loan Corp., 313 F. Supp. 2d 544, 553 (M.D.N.C. 2003), and similar mortgage lending class actions in other states - Coordinating counsel on defense of class actions against mortgage loan assignees for alleged liability for violations of loan originators; developed principal defenses and legal theories and supervised local counsel on related litigation in numerous states.
  • In re Public Offering Fee Antitrust Litigation (S.D.N.Y.) Antitrust - Defense of class action price fixing claim against IPO underwriters.
  • Southern Volkswagen v. Centrix Financial (D. Md.) Antitrust - Defense of boycott claim against financial service company.
  • NISCA v. Freeman (D. Nev.) Antitrust - Claim for exclusion by independent contractors against show managers.
  • Rebel Oil Co. v. Atlantic Richfield Co. (D. Nev. & 9th Cir.) Antitrust - Predatory pricing and monopolization claims by local gasoline retailer.
  • In re Japanese Electronic Products. Antitrust Litigation (E.D. Pa., 3rd Cir. & Sup. Ct.) Antitrust - Defense of monopolization claim against foreign television manufacturers.

Publication:

Chapter: "Antitrust Settlements," in Antitrust Dispute Resolution, published by Aspatore Books, 2007.