Robert L. Hickok

Robert L. Hickok is a partner and co-chair of the Litigation and Dispute Resolution Department of Pepper Hamilton LLP. He is a member of Pepper’s Management Committees and past member of the Executive Committee.

Mr. Hickok focuses his commercial litigation practice on matters involving corporate governance, the antitrust laws, federal securities laws and class action defense.

In his practice, Mr. Hickok is particularly interested in the application of economic analysis to the resolution of legal issues. He has an advanced degree in law and economics and has taught this subject for a number of years. He has used economic analysis in antitrust cases (product and market definition and product pricing), federal securities law cases (the efficient capital market theory), and commercial contract cases (measure of damages). Mr. Hickok, who has served as chairman of the firm’s Technology Committee, also is interested in the application of technology to information and litigation management.

Mr. Hickok is listed in The Best Lawyers in America, is highly rated in Chambers USA: America’s Leading Lawyers for Business for securities litigation and commercial litigation, and was selected for inclusion on the 2012 Pennsylvania Super Lawyers list. Mr. Hickok is a Fellow of the American College of Trial Lawyers, which is widely viewed as the premier professional trial organization in the country.

The following are representative matters on which Mr. Hickok has worked:

Antitrust Litigation

• In re: Compensation of Managerial, Professional and Technical Employees Antitrust Litigation, District of New Jersey — representation of oil company in class action alleging violation of antitrust laws based on information exchanges among oil industry group regarding salaries of managerial, professional and technical employees; summary judgment granted in favor of defendants, and case settled during pendency of plaintiffs' appeal
• Compliance Marketing, Inc., et al. v. Drugtest, Inc., d/b/a DISA, Inc., et al., District of Colorado — representation of oil company in action alleging violation of antitrust laws by drug testing company and group of oil companies regarding selection policies for use of drug testing companies; our client was voluntarily dismissed from the action, and the complaint was subsequently dismissed on defendants' motion to dismiss
• Smithkline Beecham Corp. v. Eastern Applicators, Inc., et al., Eastern District of Pennsylvania — representation of contractor in antitrust litigation
• Arden Architectural Specialties, Inc., et al. v. Washington Mills Electro Minerals Corporation, et al., Western District of New York, and General Refractories Company v. Washington Mills Electro Minerals Corporation, et al., Western District of New York — representation of abrasive grain manufacturer in antitrust class action
• In re: Tampico Fiber Antitrust Litigation, Eastern District of Pennsylvania — representation of importer/distributor in antitrust class action
• Datasat, Inc. v. Unisys Corporation, Southern District of California — representation of computer manufacturer in antitrust litigation
• Atlass v. Texas Air Corp., Eastern District of Pennsylvania — representation of airline in antitrust litigation.

Banking and Financial Litigation

• Oliver Tyrone Pulver Corporation, et al. v. Acorn Four Fall Associates, et al., Court of Common Pleas, Montgomery County, Pennsylvania — representation of bank in dispute over real estate development project
• Today’s Man, Inc., et al. v. NationsBank, N.A., et al., Eastern District of Pennsylvania — representation of bank group in lender liability litigation
• Resolution Trust Corporation v. Calvin D. Baker, et al., Eastern District of Pennsylvania, No. 93-CV-0093 — representation of directors and officers in RTC litigation
• Resolution Trust Corporation v. Farmer, Eastern District of Pennsylvania — representation of directors and officers in RTC litigation
• Constitution Bank v. Painewebber, Inc., Eastern District of Pennsylvania — representation of investment bank in breach of contract litigation
• Chapin Group, Inc. v. Perpetual Savings Bank, F.S.B., Eastern District of Pennsylvania — representation of bank in lender liability litigation.

Business Litigation

• Advantek Pro, Inc. et al v. ADT Security Services, Inc., Arapahoe County, Colorado District Court – obtained a directed defense verdict following a three-week bench trial in a class action seeking $700 million in damages for alleged breach of contract claims by former and current dealers of ADT Security Services
• The Republic of Iraq v. ABB AG et al., Southern District of New York – representation of pharmaceutical company in this RICO action involving the company’s participation in the United Nations Oil-for-Food Programme in Iraq during the Saddam Hussein regime
• In re: Apartheid Reparations Litigation, Southern District of New York — representation of computer company in class action lawsuit seeking relief for wrongs committed by government of South Africa during Apartheid era
• Larry S. Hyman, et al. v. Riscorp Insurance Company, Circuit Court, Twelfth Judicial Circuit, Sarasota County, Florida — representation of actuarial company in professional liability litigation
• The Law Society of Upper Canada, et al. v. Ernst & Young, et al., Court of Appeal for Ontario — representation of actuarial company in professional liability litigation
• Microfibres, Inc. v. SCT Manufacturing & Distribution Systems, Inc., District of Rhode Island — representation of computer company in breach of contract litigation
• Jerry L. Burton v. Kencrest Services, Inc., et al., Eastern District of Pennsylvania, No. 002-CV-3205 — representation of company in RICO litigation
• Ceska Sporitelna, a.s. v. Unisys Corporation, Eastern District of Pennsylvania — representation of computer systems company in breach of contract litigation
• John E. Abdo, et al. v. Centocor, Inc., et al., Eastern District of Pennsylvania — representation of pharmaceutical company in breach of contract litigation
• Rodin Properties – Shore Mall N.V. vs. Cushman & Wakefield of Pennsylvania, Inc., et al., District of New Jersey — representation of real estate development company in breach of contract litigation
• Israel Travel Advisory Serv. v. Legacy Isr. Travel, Eastern District of Pennsylvania — representation of travel agency in breach of contract litigation
• Alvan L. Lichtenstein, et al. v. BDO Seidman, et al., Court of Common Pleas, Montgomery County, Pennsylvania — representation of accounting firm in professional liability litigation
• Fisher Bros. Sales v. United States, United States Court of Appeals for the Third Circuit, Nos. 93-1182; 93-1205; 93-1206; 93-1207; 93-1208; 93-1209 — representation of Chilean fruit growers in Federal Tort Claims Act litigation
• United States of America v. William Warning, et al., Eastern District of Pennsylvania — representation of law firm in litigation regarding health care services
• ATACS Corp. v. Trans World Communications, Inc., Eastern District of Pennsylvania — representation of radio manufacturer in breach of contract litigation
• The Abbotts Organization, et al. v. Jack Weisbaum, et al., Court of Common Pleas, Philadelphia County, Pennsylvania — representation of accounting firm in professional liability litigation
• Boro Developers, Inc. v. School District of Hatboro-Horsham, et al., Court of Common Pleas, Montgomery County, Pennsylvania — representation of school district in RICO litigation
• Marshall Steel, Ltd. v. Tippins, Inc., Eastern District of Pennsylvania — representation of steel manufacturer in breach of contract litigation
• S.T. Hudson Intl, Inc. v. Glennon, Eastern District of Pennsylvania — representation of company in dispute with former employee. Criminal and Grand Jury Matters
• In re: Tampico Fiber Grand Jury Investigation, Eastern District of Pennsylvania — representation of importer/distributor in price fixing investigation
• State of Rhode Island v. Eklof Marine Corporation, et al., State of Rhode Island and Providence Plantations, Superior Court; United States v. Eklof Marine Corporation, et al., District of Rhode Island — representation of corporate officer in criminal investigations and prosecutions relating to oil spill
• In re: Plastic Pipe Grand Jury Investigation, Northern District of Illinois — representation of plastic pipe manufacturer in price fixing investigation
• United States v. Casewell, District of New Jersey — representation of United Kingdom corporate officer in price fixing prosecution
• United States v. Caleb Brett, Inc., District of New Jersey — representation of corporate officer in criminal investigations and prosecutions relating to fuel calibration standards
• In re: Mohave County Grand Jury Investigation, District of Arizona — representation of computer systems company in investigation involving state government procurement practices
• In re: Crude Oil Grand Jury Investigation, Northern District of Oklahoma — representation of oil exploration and development company in price fixing investigation concerning posted price of crude oil
• In re: Roofing Shingle Grand Jury Investigation, District of New Jersey — representation of roofing shingle manufacturer in price fixing investigation
• In re: Abrasive Grain Grand Jury Investigation, Western District of New York — representation of abrasive grain manufacturer in price fixing investigation
• United States of America v. Cohen, Middle District of Pennsylvania — representation of defendant in criminal proceeding
• United States of America v. DeStefano, District of New Jersey — representation of defendant in criminal proceeding
• United States of America v. Glick, Western District of Virginia — representation of a manufacturing company in antitrust investigation and prosecution.

ERISA Litigation

• Dillard’s, Inc. v. Towers Perrin Forster & Crosby, Inc., Southern District of Ohio — following a two-week bench trial obtained judgment in favor of the defendant in a case alleging actuarial malpractice and breach of ERISA duties; the judgment was affirmed by the Sixth Circuit
• Cohen v. Baker, Eastern District of Pennsylvania — representation of officers and directors in class action alleging breach of ERISA fiduciary duties
• Kotrosits v. GATX Corp. Non-Contributory Pension Plan for Salaried Employees, United States Court of Appeals for the Third Circuit — representation of ERISA plan in class action alleging ERISA breach of fiduciary duties
• Painters of Philadelphia Dist. Council No. 21 Welfare Fund v. Price Waterhouse, United States Court of Appeals for the Third Circuit — representation of accounting firm in action alleging ERISA breach of fiduciary duties.

Insurance Litigation

• URL Financial Group v. Kman & Kman Financial Group, et al., Court of Common Pleas of Cumberland County, Pennsylvania — representation of insurance company in breach of contract litigation
• John DeSantis v. Dominic Cammarano, et al., Court of Common Pleas, Berks County, Pennsylvania — representation of insurance company in breach of contract litigation
• Robert J. Friesner v. North American Company for Life and Health Insurance, First Judicial District Court, County of Santa Fe, New Mexico — representation of insurance company in class action alleging improper sales practices
• Amy D. Fleck v. North American Company for Life and Health Insurance, et al., Circuit Court of Cook County, Illinois, County Department, Chancery Division — representation of insurance company in class action alleging improper sales practices
• James Van West v. Midland National Life Insurance Company, District of Rhode Island — representation of insurance company in class action alleging improper sales practices
• William J. Canady, et al. v. Midland National Life Insurance Company, et al., Circuit Court of Kanawha County, West Virginia — representation of insurance company in breach of contract litigation
• Edwin Corder v. Midland National Life Insurance Company, et al., Eastern District of Arkansas, Western Division — representation of insurance company in class action alleging improper sales practices
• Oscar H. Krug, et al. v. North American Company for Life and Health Insurance, Eastern District of Pennsylvania — representation of insurance company in class action alleging improper sales practices.

Securities Litigation

• Costa Brava Partnership III, LP v. MedQuist, Inc, et al., District of New Jersey; Kahn, v. MedQuist, Inc., et al., Superior Court for Burlington County, New Jersey; Newcastle Partners, L.P., et al. v. MedQuist, Inc., et al., Superior Court for Burlington County, New Jersey — represented the defendant corporation in two temporary restraining order and three preliminary injunction hearings in federal and state court seeking to enjoin a $400 million stock sale transaction by the corporation’s largest shareholder; all of the plaintiffs’ requested injunctive relief was denied, and the transaction was permitted to proceed
• Gerber, et al. v. Knowles, et al., District of New Jersey — representation of the majority shareholder in a preliminary injunction hearing seeking to enjoin the acquisition of a public company by a private equity firm; plaintiffs’ request for injunctive relief was denied, and the transaction was completed
• Lanre Rotimi Rollover IRA v. Driscoll, et al., Northern District of California — represented GSK in a class action brought by shareholders of Genelabs Technologies in connection with GSK’s acquisition of the company; the lawsuit was voluntarily dismissed by the plaintiff
• Borochoff v. GlaxoSmithKline PLC, Southern District of New York — obtained the dismissal of a federal securities class action complaint alleging that GSK failed to disclose material information relating to the safety profile of Avandia; the dismissal was affirmed by the U.S. Court of Appeals for the Second Circuit
• In re: Hemispherx Biopharma, Inc. Litigation, Eastern District of Pennsylvania — representation of biopharmaceutical company and its corporate officers against federal securities fraud claims, and defending its board of directors against shareholder derivative claims
• In re: Eli Lilly and Company Securities Litigation, Eastern District of New York — obtained dismissal of a federal securities class action complaint alleging that Lilly failed to disclose material safety and marketing information regarding its prescription medicine Zyprexa
• In re: Discovery Laboratories Securities Litigation, Eastern District of Pennsylvania — obtained dismissal of a federal securities class action complaint against Discovery Labs for allegedly misrepresenting the company’s ability to meet certain requirements for regulatory approval of Surfaxin in the United States and Europe; dismissal was affirmed by the U.S. Court of Appeals for the Third Circuit
• In re: Discovery Laboratories, Inc. Derivative Litigation, Eastern District of Pennsylvania — obtained dismissal of a derivative action filed against Discovery Labs’ officers and directors for alleged breach of fiduciary duty in allowing the company to allegedly misrepresent the company’s ability to meet certain requirements for regulatory approval of Surfaxin
• In re: ViroPharma Inc. Securities Litigation, Eastern District of Pennsylvania — representation of company and directors and officers in federal securities class action
• In re: Adelphia Communications Corporation, Eastern District of Pennsylvania — representation of company and independent directors in federal securities fraud class actions and derivative actions
• In re: Suprema Specialties, Inc. Securities Litigation, District of New Jersey — representation of underwriters in federal securities fraud class action
• In re: U.S. Interactive, Inc. Securities Litigation, Eastern District of Pennsylvania, No. 01-CV-522 — representation of directors and officers in federal securities fraud class action
• In re: Unisys Corporation Securities Litigation, Eastern District of Pennsylvania — representation of company and directors and officers in federal securities fraud class action
• John J. Wallace, et al. v. Systems & Computer Technology Corporation, et al., Eastern District of Pennsylvania — representation of company and directors and officers in federal securities fraud class action
• In re: Regal Communications Corporation Securities Litigation, Eastern District of Pennsylvania — representation of company in federal securities fraud class action
• In re: Sears, Roebuck & Co. Securities Litigation, Eastern District of Pennsylvania — representation of company in federal securities fraud class action
• Harriet Lewis v. Chrysler Corp., et al., Eastern District of Pennsylvania — representation of company and directors and officers in federal securities fraud class action
• Estate of M. Harrison Bohrer v. Western Union Corp., et al., United States District Court or the Eastern District of Pennsylvania — representation of company and directors and officers in federal securities fraud class action
• Gruber v. Price Waterhouse, United States Court of Appeals for the Third Circuit — representation of accounting firm in federal securities fraud class action
• K.B. Equities, Inc. v. Price Waterhouse, Eastern District of Pennsylvania — representation of accounting firm in federal securities fraud class action
• In re: Western Union Securities Litigation, Eastern District of Pennsylvania — representation of company and directors and officers in federal securities fraud class action.

Mr. Hickok is a magna cum laude graduate of the Harvard Law School, where he was an editor of the Harvard Law Review. He was one of two students in the second year class awarded the Sears Prize for having the highest annual academic average. While at Harvard, he also received a Masters degree in law and economics. After law school, he was a law clerk for the Honorable Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit. He then worked as a federal prosecutor in the U.S. Attorney’s Office in Philadelphia, where he conducted numerous fraud, corruption and tax prosecutions.

Mr. Hickok is an adjunct professor at Earle Mach School of Law, Drexel University where he teaches a course in law and economics. He has been an adjunct professor at the Rutgers-Camden School of Law, where he taught courses in law and economics, and professional responsibility. He has served as a member and chair of Hearing Committee 1.04 of the Disciplinary Board of the Supreme Court of Pennsylvania. He also has served as president and is currently a member of the Executive Committee of the Harvard Law School Association of Philadelphia. He is a member of the Pennsylvania, New Jersey and District of Columbia bars.

Education
B.A. 1974, summa cum laude, Lehigh University
A.M. 1978 Harvard University
J.D. 1978, magna cum laude, Harvard Law School; editor, Harvard Law Review; recipient, Sears Prize

Clerkships
1978-79 Law Clerk to Hon. Leonard I. Garth, U.S. Court of Appeals, Third Circuit

Bar Admissions
Admitted to practice in Pennsylvania, New Jersey and District of Columbia