Rob Walters is nationally recognized for his abilities and accomplishments as a trial and antitrust lawyer. He has served as lead trial counsel in a wide array of trials and adversarial proceedings, including the representative matters described below.* He also has counseled clients in government investigations and the antitrust aspects of mergers and acquisitions. He previously served as Partner-in-Charge of the firm’s Dallas office and has served as a member of the firm’s Executive Committee. Mr. Walters served as Executive Vice President and General Counsel of Energy Future Holdings from 2008 until 2011.
- Served as trial counsel to AT&T in the Department of Justice’s antitrust challenge to AT&T’s $106 billion acquisition of Time Warner, Inc.
- Served as trial counsel for multiple defendants in a multi-billion dollar fraud and fiduciary duty claim stemming from the construction of a $10 billion refinery project.
- Served as trial counsel in Aetna’s successful prosecution of federal antitrust claims against Blue Cross Blue Shield of Michigan stemming from its use of “MFN-Plus” contracting arrangements.
- Served as trial counsel to Conduent in a multi-billion dollar claim brought by the State of Texas under the Texas Medicaid Fraud Act.
- Served as trial counsel to Tenet Healthcare in its 2011 successful takeover defense litigation under federal securities laws against Community Health Systems in an approximately $7 billion hostile tender offer for Tenet Healthcare.
- Served as trial counsel to J.C. Penney in federal securities and derivative litigation stemming from public disclosure issues related to corporate reorganization and operations.
- Served as trial counsel in successfully defending Blockbuster in antitrust litigation brought by thousands of independent video retailers claiming revenue-sharing agreements negotiated between Blockbuster and the Hollywood studios violated federal and state antitrust laws and seeking billions of dollars in damages.
- Served as trial counsel to Intel Corporation in class securities litigation stemming from its $8 billion acquisition of McAfee Inc. Secured summary judgment on all counts in October 2012 and on the eve of trial.
- Served as trial counsel for the City of Dallas in antitrust litigation brought by various private parties stemming from the 2006 Wright Amendment Reform Act, which modified the restrictions on flights from Dallas Love Field and Dallas-Fort Worth Airport. Mr. Walters both represented the City of Dallas before Congress in securing the Wright Amendment Reform Act and as lead counsel in defeating private antitrust litigation stemming from the Act.
- Served as trial counsel to Liberty Mutual Insurance Company in the Workers’ Compensation Antitrust Litigation, which was comprised of over forty class actions against dozens of insurers claiming industry conspiracies to pass on billions of dollars in “residual market loads.” The insurer defendants chose Mr. Walters to try an initial two-week class certification evidentiary hearing in the Pennsylvania Court of Common Pleas, as well as to try various other class certification hearings in federal and state courts throughout the country. Defendants successfully defeated class certification in each venue, which led to favorable industry settlements.
- Served as trial counsel to CBS Outdoor in RICO and fraud litigation brought by independent billboard companies seeking hundreds of millions in damages. After a three-week trial, the jury returned a verdict of less than $2 million, which the Eighth Circuit Court of Appeals further reduced on appeal.
- Served as trial counsel in defending a real estate partnership in a fraud and contract dispute over a portfolio of investment properties. The jury returned a verdict for defendants on all claims and awarded defendants their attorneys’ fees.
- Served as trial counsel to Life Insurance Company of Georgia in a fraud action against Electronic Data Systems in which Life of Georgia secured a multi-million dollar trial verdict, which it sustained on appeal to the Fifth Circuit.
- Served as trial counsel to Blockbuster in approximately twenty-five class actions across the nation challenging Blockbuster’s “extended viewing fees” as impermissible penalties. The matters resolved favorably.
- Served as trial counsel to Liberty Mutual Insurance Company in the Insurance Brokerage Antitrust Litigation. Then Attorney General Elliot Spitzer of New York charged major insurance companies with bid rigging and illegal contingent commissions on commercial insurance sales. Various regulatory actions led to companies paying hundreds of millions of dollars in refunds and fines and also to numerous class actions. At the behest of defendants, Mr. Walters served in court as lead counsel for the insurer defendants. The insurer defendants favorably resolved the matter.
- Served as trial counsel for Blockbuster in a contract and business tort action stemming from production of the film “Monster.” Blockbuster favorably resolved the action after several weeks of trial.
- Served on trial team for Energy Transportation Systems, Inc. in antitrust litigation against major western railroads for conspiring to monopolize the transportation of coal from the Powder River Basin to utilities in the Southwest. A two-month trial resulted in a verdict of $1.1 billion for plaintiffs.
*Includes matters handled prior to joining Gibson, Dunn & Crutcher LLP
Mr. Walters received his Bachelor of Arts degree (Plan II Interdisciplinary Honors) summa cum laude from the University of Texas at Austin in 1980. He earned his law degree from the University of Texas at Austin in 1983, graduating cum laude and serving on the Texas Law Review.