Robert E. Toone

Partner - Boston

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Contact Information

617.832.1242

617.832.7000

rtoone@foleyhoag.com Download vCard

Robert Toone focuses on complex commercial and financial litigation, securities enforcement, government investigations, and education. He has successfully represented leading corporations, financial institutions, corporate officers, and educational institutions in a broad range of trial and appellate matters, including cases in the U.S. Courts of Appeal for the First, Second, Fourth and Eleventh Circuits and in federal and state trial courts across the nation. Robert has authored briefs for health care companies, educational organizations, and members of Congress in U.S. Supreme Court cases, and has coordinated the defense of companies in congressional and executive-branch investigations.

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Education:

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

Representative Experience

  • 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.

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 Eleventh Circuit
  • U.S. District Court for the District of Massachusetts