Robert M. Palumbos

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Robert M. Palumbos helps companies and entrepreneurs resolve complex legal issues in appellate and commercial litigation. He is an experienced appellate lawyer with a track record in over 80 appeals of preserving trial court victories and reversing trial court losses. Mr. Palumbos has briefed and argued appeals in state and federal courts throughout the United States. His appellate work covers a wide range of legal areas, such as RICO, corporate governance, administrative agency law, real estate and insurance coverage. Mr. Palumbos is a member of the Pennsylvania Supreme Court's Appellate Court Procedural Rules Committee.

In addition to his appellate work, Mr. Palumbos represents companies in complex commercial litigation in trial courts throughout the United States. He handles high-stakes cases involving RICO, antitrust, securities, and class actions, often winning those cases early in the process before trial through strategic motions practice. His clients include leaders within the Internet, venture capital investment, software and hardware design, pharmaceutical, and financial services industries.

Before entering private practice, Mr. Palumbos was a judicial clerk to the Honorable Marjorie O. Rendell of the U.S. Court of Appeals for the Third Circuit. Mr. Palumbos is a 2005 magna cum laude graduate of the University of Pennsylvania Law School and former editor of the University of Pennsylvania Law Review. He is also a graduate of Johns Hopkins University (M.A., B.A.), where he was elected to Phi Beta Kappa.

Mr. Palumbos chairs the firm's Philadelphia office Inclusion Committee.

Representative Matters

    Appellate Litigation

  • Represented former NFL star Jason Taylor and two business partners in two successful appeals to the U.S. Court of Appeals for the Third Circuit that resulted in reversals and entry of a multimillion-dollar judgment in connection with a failed real estate transaction in the Virgin Islands. Addie v. Kjaer, 836 F.3d 251 (3d Cir. 2016); Addie v. Kjaer, 737 F.3d 854 (3d Cir. 2013).
  • Counsel to real estate developer in several appeals relating to a partnership dispute with an investor. In a precedential opinion, the Pennsylvania Superior Court affirmed the judgment in favor of our clients on fiduciary duty, conversion, and equitable claims. We then obtained discretionary appellate review by the Pennsylvania Supreme Court on an issue of first impression regarding the application of the implied covenant of good faith and fair dealing to limited partnerships. Hanaway v. The Parkesburg Group, LP, 132 A.3d 461 (Pa. Super. Ct. 2015), appeal granted, No. 55 MAP 2016 (Pa. 2016); Hanaway v. Sadsbury Associates, LP, No. 224 EDA 2016, 2017 WL 375030 (Pa. Super. Ct. Jan. 26, 2017).
  • Obtained the complete affirmance of a multimillion dollar arbitration award, including on the issue of whether an award by a majority of an arbitration panel in a common law arbitration is enforceable under Pennsylvania law. Strausser Enterprises, Inc. v. Segal and Morel, Inc., 2016 WL 4905677 (Pa. Super. Ct. July 6, 2016), appeal denied, Nos. 530-532 MAL 2016 (Pa. Dec. 21, 2016).
  • Counsel to medical device company in appeal to the Eleventh Circuit from the first verdict in a 500-case MDL involving hip replacement components. Christiansen v. Wright Medical Technology, Inc., No. 16-12162.
  • Represented a class of investors in a feeder fund to a hedge fund in appeals to the Eleventh Circuit and Delaware Supreme Court relating fiduciary duty and breach of contract claims. Culverhouse v. Paulson & Co. Inc., 791 F. 3d 1278 (11th Cir. 2015); Culverhouse v. Paulson & Co. Inc., 133 A.3d 195 (Del. 2016).
  • Obtained complete affirmance of summary judgment on novel issues in the Third Circuit relating to copyright preemption and claims under RICO, the Computer Fraud and Abuse Act, and the Lanham Act. Counsel to client in a Ninth Circuit appeal based on the preclusive effect of the Third Circuit judgment. Collegesource, Inc. v. AcademyOne, Inc., 597 F. App'x 116 (3d Cir. 2015).
  • Represented Yellow Pages Group, LLC on successful appeal to the Eleventh Circuit from a jury trial under the Copyright Act and for breach of license agreement. Yellow Pages Photos, Inc. v. Ziplocal LP, 795 F.3d 1255 (11th Cir. 2015).
  • Represented developers before the Supreme Court of Pennsylvania in a case that favorably determined the level of specificity required for development plans submitted under Pennsylvania’s Planned Residential Development statute. Newtown Square East v. Township of Newtown, 101 A.3d 37 (Pa. 2014).
  • Obtained a precedential decision from the U.S. Court of Appeals for the Third Circuit, as lead appellate counsel for the Latin American Coalition, affirming the dismissal of a RICO claim and establishing that property owners do not violate the Immigration and Naturalization Act by knowingly renting apartments to undocumented aliens. Delrio-Mocci v. Connolly Properties, Inc., 672 F.3d 241 (3d Cir. 2012).
  • Successfully argued in the U.S. Court of Appeals for the Third Circuit that a district court erred by denying a preliminary injunction in a corporate governance dispute involving a closely held limited liability company. Health & Body Store, LLC v. JustBrand Ltd., 480 F. App'x. 136 (3d Cir. 2012).
  • Lead counsel in successful appeal to the U.S. Court of Appeals for the Second Circuit reversing agency error in immigration proceedings. Grenade v. Holder, 324 F. App'x 88 (2d Cir. 2009).
  • Obtained from the Pennsylvania Supreme Court a reversal on behalf of Toll Brothers, Inc., holding that parties to a zoning hearing, who are not party appellants to the land use appeal, lack independent standing to appeal. Stuckley v. ZHB of Newtown Twp., 79 A.3d 510 (Pa. 2013).
  • Obtained a precedential decision from the U.S. Court of Appeals for the Third Circuit confirming the proper test for taxpayer residency in the U.S. Virgin Islands and reversing the district court's finding after a nonjury trial that several taxpayers had failed to establish Virgin Islands residency. Vento v. Dir. V.I. Bureau of Internal Revenue, 715 F.3d 455 (3d Cir. 2013).
  • Represented the Association of Corporate Counsel, the U.S. Chamber of Commerce, the Pennsylvania Bar Association and the Philadelphia Bar Association, as amici curiae, in an appeal to the Pennsylvania Supreme Court in which the court, quoting extensively from the amicus brief, reversed a line of intermediate appellate decisions by holding that the attorney-client privilege protects communications made by attorneys to clients. Gillard v. AIG Insurance Co., 15 A.3d 44 (Pa. 2011).
  • Represented the Pennsylvania Department of Banking in two groundbreaking enforcement actions to enjoin illegal payday lending at approximately 100 stores across Pennsylvania, and by a Nevada-based Internet lender. Pa. Dep't of Banking v. NCAS of Delaware, LLC, 948 A.2d 752 (Pa. 2008); Cash America Net of Nevada, LLC v. Pa. Dep't. of Banking, 8 A.3d 282 (Pa. 2010).
  • Counsel to Travelers Insurance in a cross-appeal to the U.S. Court of Appeals for the Third Circuit resulting in a favorable reversal on the issue of coverage under a legal malpractice policy and affirmance on the issue of bad faith. Post v. St. Paul Travelers Insurance Co., 691 F.3d 500 (3d Cir. 2012).
  • Obtained reversal of summary judgment against Liberty Mutual Insurance Co., surety for a $100 million construction project, in an appeal to the U.S. Court of Appeals for the Third Circuit based on the interpretation of a conditional payment clause in a construction subcontract. Sloan v. Liberty Mutual Insurance Co., 653 F.3d 175 (3d Cir. 2011).
  • Counsel to a major regional grocery chain in an appeal to the U.S. Court of Appeals for the Fourth Circuit from the denial of class certification in a putative class action alleging violations of the Fair and Accurate Credit Transactions Act. Stillmock v. Weis Markets, Inc., 385 F. App'x 267 (4th Cir. 2010).
  • Trial Litigation

  • Obtained a complete victory prior to trial for AcademyOne, Inc., a Pennsylvania-based internet company, in action brought by a competitor alleging violations of RICO, the Computer Fraud and Abuse Act, and the Lanham Act. CollegeSource, Inc. v. AcademyOne, Inc., 2011 U.S. Dist. LEXIS 43684 (E.D. Pa. Apr. 22, 2011) (dismissing RICO claims); 2012 U.S. Dist. LEXIS 153197 (E.D. Pa. Oct. 25, 2012) (granting summary judgment), aff'd, 597 F. App'x 116 (3d Cir. 2015).
  • Counsel to one of world's largest software vendors in civil RICO litigation brought by municipality that was dismissed at the pleading stage. County of Marin v. Deloitte Consulting LLP, 836 F. Supp. 2d 1030 (N.D. Cal. 2011).
  • Obtained dismissal of RICO claims at motion-to-dismiss stage on behalf of major commercial real estate developer. Litigated remaining contract and fiduciary duty claims and obtained a settlement the client found favorable. Kolar v. Preferred Real Estate Investments, Inc., 2008 U.S. Dist. LEXIS 48781 (E.D. Pa. June 19, 2008), aff'd, 361 F. App'x 354 (3d Cir. 2010).
  • Counsel to Preferred Resin Holding Company, an international supplier of hydraulic fracturing proppants, in multimillion dollar litigation under a supply contract. Obtained a settlement the client found favorable after litigating contract issues through summary judgment in Delaware Superior Court. CRS Proppants LLC v. Preferred Resin Holding Co., Del Super. No. N15C-08-111 MMJ (CCLD).
  • Represented Unilife Medical Solutions, Inc., a manufacturer of injectable drug delivery systems, in a litigation and arbitration under a Customization and Commercial Supply Agreement, obtaining a very favorable settlement for the client. Unilife Med. Solutions, Inc. v. Biodel, Inc., Conn. Super. Ct. No. DBD-CV15-6018082-S.
  • Class counsel in antitrust class action that resulted in multimillion-dollar settlement for a class of terminated truck dealerships. Cumberland Truck Equipment Co. v. Detroit Diesel Corp., Case Nos. 05-cv-74594 (E.D. Mich.).
  • Defeated two putative class actions against a leading yacht manufacturer based on alleged product defects. ACH Enters. 1 LLC v. Viking Yacht Co., 817 F. Supp. 2d 465, 466 (D.N.J. 2011); Cauble v. Viking Yacht Co., 10-cv-61892 (S.D. Fla. 2011).
  • Represented international supplier and trader of precious metals in AAA arbitration hearings relating to supply contracts and pricing issues. Johnson Matthey Inc. v. E.I. Du Pont de Nemours & Co.

Admissions

  • Pennsylvania
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for Veterans Claims
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Eastern District of Michigan

Education

  • University of Pennsylvania Law School, J.D., magna cum laude, 2005
    - Associate Editor, Senior Editor, University of Pennsylvania Law Review
    - Order of the Coif
  • The Johns Hopkins University, M.A., 1999
  • The Johns Hopkins University, B.A., 1999
    - Phi Beta Kappa
    - University Honors

Experience

  • Duane Morris LLP
    - Partner, 2014-present
    - Associate, 2006-2013
  • U.S. Court of Appeals for the Third Circuit
    - Judicial Clerk to the Honorable Marjorie O. Rendell, 2006

Professional Activities

  • Pennsylvania Supreme Court's Appellate Court Procedural Rules Committee
    - Member (2015-present)
  • Pennsylvania Bar Association's Business Law Institute
    - Course Planner (2014-present)
  • American Inn of Court, University of Pennsylvania Law School (2009-2012)
  • Bar Association of the Third Federal Circuit (2010-present)
  • American Bar Association
    - Council of Appellate Lawyers, Appellate Judges Conference (2012-present)
  • Philadelphia Bar Association
    - Appellate Courts Committee (2011-present)
  • Pennsylvania Bar Association
    - Appellate Advocacy Committee (2011-2016)

Honors and Awards

  • 2014 Lawyers on the Fast Track by The Legal Intelligencer
  • Pennsylvania Rising Star, 2011-2016

Civic and Charitable Activities

  • Board, LIFT–Philadelphia, 2014-2015

Selected Publications

  • Contributor, Duane Morris Appellate Review Blog
  • Mentioned in "Sheller Urges Justices To OK Standing In FDA Risperdal Row," Law360, March 17, 2017
  • Mentioned in "Pa. Justices Snub Developer's $15M Arbitration Award Appeal," Law360, December 22, 2016
  • Mentioned in "Third Circuit Affirms Interest On NFLer's Island-Buy Restitution," Law360, September 7, 2016
  • Co-Author and Course Planner, Advanced Issues in Civil Practice and Procedure in Pennsylvania Courts, Pennsylvania Bar Institute, Publication No. 2015-8892 (2015)
  • Mentioned in "Investor Asks 11th Circuit To Revive Sino-Forest Loss Suit," Law360, June 9, 2015
  • Mentioned in "FDA Accused Of Helping J&J Cover Up Risperdal Data," Law360, January 30, 2015
  • Quoted in "Developers win big in Pa. Supreme Court ruling," Philadelphia Business Journal, September 24, 2014
  • Co-Author and Course Planner, Advanced Issues in Civil Practice and Procedure: Judicial Review, Pennsylvania Bar Institute, Publication No. 2013-7853 (2013)
  • Co-author, "Expert Evidence in the Third Circuit," Scientific Evidence Review: Admissibility and Use of Expert Evidence in the Courtroom, Monograph No. 9 (2013), No. 8 (2008)
  • Mentioned in "CollegeSource's IP, Contract Suit Against Rival Tossed," Law360, October 29, 2012
  • Co-author, "Antitrust Class Action Settlements," in Antitrust Class Actions Handbook, American Bar Association, 2010
  • Co-author, "Unique Aspects of Appellate Practice in the Third Circuit," A Practitioner's Guide to Appellate Advocacy, American Bar Association, 2010
  • Co-author, Indirect Purchaser Lawsuits: A State-by-State Survey, American Bar Association, 2010
  • Co-author, "Supreme Court Confirms Application of Twombly to All Civil Cases," Duane Morris Alert, May 21, 2009
  • Comment, Within Each Lawyer's Conscience a Touchstone: Law, Morality, and Attorney Civil Disobedience, 153 U. Pa. L. Rev. 1057 (2005)

Selected Speaking Engagements

  • Speaker, "Strategies for Issue Preservation," Duane Morris LLP In-House CLE Program, December 9, 2016
  • Speaker, "Long Story Short: Key Practices for Structuring and Writing Persuasive Briefs," American Law Institute, Philadelphia, December 8, 2016
  • Moderator and Speaker, "Advanced Issues in Civil Practice and Procedure in Pennsylvania Courts," Pennsylvania Bar Institute, Philadelphia, August 14, 2015
  • Speaker, "Legal Writing for the 21st Century," Pennsylvania Bar Association Civil Litigation Section Retreat, April 17-19, 2015
  • Speaker, "Writing to Win," Duane Morris LLP In-House CLE Program, January 16, 2015
  • Speaker, "The Rules of Evidence: A Practical Toolkit," National Business Institute, December 12, 2014
  • Speaker, "Remedies Under Pennsylvania Law for Minority Shareholders Claiming Oppression," Pennsylvania Bar Institute, Philadelphia, November 13, 2014
  • Speaker, "Fiduciary Duties in the Era of Benefit Corporations and Hobby Lobby," Pennsylvania Bar Institute, Philadelphia, November 12, 2014
  • Speaker, "Legal Writing in the 21st Century," Pennsylvania Bar Institute, Mechanicsburg and Philadelphia, October 15 and 28, 2014
  • Speaker, "Justiciability Doctrines," Pennsylvania Bar Institute, Philadelphia and Pittsburgh, August 15 and 29, 2013
  • Speaker, "Records Retention for Manufacturers: Building a Successful Program," Association of Corporate Counsel, Webcast, May 22, 2012