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Robert A. Weiner is a partner in the law firm of McDermott Will & Emery LLP based in the Firm's New York office. As a member of the Firm's Trial Department, he focuses his practice on complex commercial law disputes.
Recent Representative Experience
Obtained an interim award in an ICC arbitration on behalf of a UK company dismissing a $50 million breach of contract claim and ruling that the Canadian Claimant had breached the parties' agreement
Obtained an award in an ad hoc arbitration worth approximately $22 million on behalf of an individual with respect to the break up and valuation of a multinational jewelry corporation
Obtained a $36 million award in an ICC arbitration on behalf of a French conglomerate as a result of breaches of representations and warranties contained in an acquisition contract
Obtained an award in an ad hoc arbitration of approximately $25 million arising out of a business interruption claim in connection with the destruction of the World Trade Center
Obtained summary judgment in a federal court action on behalf of a Korean entity dismissing a $55 million claim asserted against the Korean entity by eight multinational banks
Obtained a judgment in a federal court action on behalf of an Austrian ski resort dismissing it from a multi-district class action case arising out of the tragic tunnel fire that occurred in Kaprun, Austria
Obtained summary judgment in a federal court action on behalf of a multi-national telecommunications company dismissing a $15 million breach of contract claim with respect to the acquisition of telephony assets and related intellectual property
Obtained a multimillion dollar award in an AAA arbitration on behalf of a health care insurance company in a breach of contract action against a major metropolitan New York medical center
Represented the U.S. Tennis Association in an arbitration brought challenging that organization's selection of the members of the U.S. Women's Olympics Tennis Team
Robert's trial and appellate practice includes experience before both state and federal courts located throughout the United States.
Robert has tried cases in New York, New Jersey, Florida, California, Hawaii and the District of Columbia. In addition, Robert has argued appeals in New York appellate courts as well as in the United States Court of Appeals for the Second, Third, Sixth and District of Columbia Circuits.
Robert is an adjunct professor of law at Columbia University School of Law and teaches a course in complex commercial litigation and arbitration. Robert has served as a faculty member of the National Institute of Trial Advocacy.
In connection with his arbitration practice, Robert has represented the interests of Asian, European and American companies. Robert has participated in arbitrations governed by the UNCITRAL rules, the ICC rules, the U.S. and international AAA rules as well as ad hoc rules agreed to by the parties. Robert has participated in arbitration proceedings held in New York, Paris and London and has served as an arbitrator in AAA, ICDR and ICC arbitrations.
Robert has also lectured and written on a variety of legal topics. For example, recently in connection with a paper that he authored entitled "International Arbitration In The United States: More Discovery Than You Think," Robert spoke at a legal conference sponsored by The Center For International Legal Studies. Robert has also co-authored an articled entitled "Arbitration Discovery: When Should Discovery Provisions Be Included In An Arbitration Agreement?" which appeared in the summer 1999 issue of Dispute Resolution Magazine and an article entitled "Owning Daubert: Challenging Expert Testimony AS A Defense Strategy" that appeared in the November 2000 issue of For The Defense.
A large part of Robert's commercial litigation practice focuses on the representation of parties involved in complex contractual disputes. Among other things, Robert has litigated cases under New York, Delaware and California law regarding the scope of representations and warranties given in connection with mergers or acquisitions. In connection with these and other cases, Robert has developed a subspecialty with respect to use of and challenge of expert witnesses in connection with liability and damage issues based upon the U.S. Supreme Court decisions commonly referred to as the Daubert and Kumho decisions.
Robert is a member of the Bar of the State of New York, as well as the bars of the U.S. District Courts for the Southern, Eastern, Northern and Western Districts of New York, the U.S. Court of Appeals for the Second, Third, Sixth, Ninth and District of Columbia Circuits, the U.S. Tax Court and the U.S. Supreme Court.
Education
Columbia Law School, J.D., 1972
State University of New York-Buffalo, B.A., 1969 | 