Robert E. Toone

Partner - Boston

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Contact Information

617.832.1242

617.832.7000

rtoone@foleyhoag.com Download vCard

Robert Toone represents companies, individuals, trade associations, and educational institutions in a broad range of complex civil litigation, enforcement actions, administrative proceedings, and government investigations. He has argued cases in the U.S. Courts of Appeal for the First, Second, Fourth, Fifth, and Eleventh Circuits and in federal and state trial courts across the nation. A graduate of Yale Law School with experience as a counsel on the U.S. Senate Committee on the Judiciary, Robert has led the defense of companies in congressional and executive-branch investigations and authored U.S. Supreme Court briefs for health care companies, educational organizations, and members of Congress.

Education:

  • Yale Law School, J.D., 1995
  • Yale College, B.A., magna cum laude, 1991

Representative Experience

  • Won dismissal of a mechanical testing company from a federal lawsuit claiming antitrust conspiracy, commercial disparagement, and Chapter 93A violations.
  • Conducted an internal investigation on executive compensation issues for a nationally recognized honorary society and research center.
  • Successfully defended an educational company in a comprehensive investigation by the Massachusetts Attorney General.
  • Conducted an internal investigation for a multi-state chamber of commerce on potential liability related to programming commitments and related disclosure issues.
  • Prepared successful Administrative Procedure Act challenges on behalf of a life science company and a pharmaceutical trade association to proposed regulations and actions by the Centers for Medicare & Medicaid Services.
  • Won dismissal of a proposed $259 million class action seeking imposition of a constructive trust on auditor fees and alleging violations of the Credit Repair Organizations Act. Successfully defended the ruling on appeal before the U.S. Court of Appeals for the First Circuit.
  • Led the defense of an educational company in a multi-year investigation by the U.S. Senate Health, Education, Labor and Pensions Committee.
  • Won dismissal of all SEC securities fraud claims against a mutual fund company executive. Successfully defended the ruling on appeal before the U.S. Court of Appeals for the First Circuit.
  • Won dismissal of a federal lawsuit filed against an educational testing company and government agencies claiming employment discrimination, breach of contract and violation of consumer protection.
  • Secured the dismissal of an international consulting firm from a federal lawsuit claiming antitrust and RICO violations.
  • Conducted an extensive internal investigation on behalf of trustees for a financial investment adviser into the pricing practices of a custodian bank.
  • Drafted a Supreme Court brief on the constitutionality of the Affordable Care Act for a leading health insurer.
  • Drafted a Supreme Court brief on the constitutionality of a university admissions program for a coalition of Asian-American civil rights organizations and higher education officials.
  • Drafted a Supreme Court brief on federal sentencing issues for a group of United States Senators.
  • Drafted a Supreme Court brief on secondary school integration for a coalition of 20 higher education organizations.
  • "The Absence of Agency in Indigent Defense," 52 American Criminal Law Review 25 (2015)
  • "Student-Consumers: The Application of Chapter 93A to Higher Education in Massachusetts," Boston Bar Journal, Vol. 57, No. 4 (Fall 2013, with Catherine C. Deneke)
  • "Common Ground on Affirmative Action," National Law Journal (December 20, 2012, with Khin Mai Aung)
  • "The Incoherence of Defendant Autonomy," 83 North Carolina Law Review 621 (2005)

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Honors

  • Board Member, Lawyers’ Committee for Civil Rights and Economic Justice 
  • Member, Advisory Committee to Recommend Appointment of U.S. Attorney, U.S. Marshal and U.S. District Court Judge for the District of Massachusetts
  • Lawyers’ Committee for Civil Rights Pro Bono Recognition Award

Involvement

  • CJA Appellate Panel, U.S. Court of Appeals for the First Circuit 
  • Adjunct professor at Northeastern Law School, teaching course on counter-terrorism and civil liberties 
  • Boston Bar Association 
  • American Bar Association
  • Boston Bar Association, "Diversity in Higher Education: The Legal Landscape after Fisher v. University of Texas" (Sept. 11, 2013)
  • NEHI, “Health Reform’s Biggest Test” (Mar. 26, 2012)
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Bar Admissions

  • Massachusetts
  • District of Columbia
  • Georgia

Court Admissions

  • Supreme Court of the United States
  • U.S. Court of Appeals First Circuit
  • U.S. Court of Appeals Fourth Circuit
  • U.S. Court of Appeals Fifth Circuit
  • U.S. Court of Appeals Eleventh Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the District of Columbia