Robert Haney, Jr.

Partner - New York

Robert Haney
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Contact Information

646.927.5556

646.927.5599

rhaney@foleyhoag.com Download vCard

Bob Haney is a partner in Foley Hoag's Litigation Department. He leads the Labor & Employment practice in the firm's New York office. With more than 30 years of experience, Bob litigates complex commercial disputes including conducting arbitrations, jury trials, bench trials, and mediations for major corporations as well as small and mid-sized biotech, financial and technology firms. 

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Education:

  • Harvard Law School, J.D., 1983
  • John F Kennedy School of Government, M.P.P., 1983
  • Middlebury College, B.A., summa cum laude, 1978

Languages:

English, French

Representative Experience

Significant Litigated Matters

  • Represented Illumina, Inc. and several officers and former officers in obtaining dismissal of all claims in Zirvi, et. Al. V Flatley, et. al. Judge Koeltl (SDNY) dismissed all claims against defendants based on the statute of limitations, failure to adequately plead trade secrets as well as other grounds.
  • In an opinion from Chief Judge Stark (D.Del 2018), obtaining summary judgment for the plaintiffs in First Wave et al. v Lycera and establishing plaintiffs ownership of patents that the defendant alleged were based on trade secrets stolen by former employees who joined First Wave.
  • Representing the co-founder of a major private equity firm in obtaining a settlement of his lawsuit and derivative action alleging breach of fiduciary duties and breach of contract in Delaware Chancery Court. The action was settled on the first day of trial after accelerated discovery and the settlement allowed Covington’s client to regain control of the business he had founded.
  • Defending the Board and offices of Linear Technology Corp. in six derivative actions related to the Company’s stock option granting practices over a 10-year period.
  • In Milex v. Pitney Bowes, a class represented by Milberg Weiss alleged claims under New York's consumer protection statutes as well as common law claims related to PBCC’s practice of collecting “last lease payments” at the inception of the business equipment leases. The class argued that “last lease payments” were effectively deposits and that PBCC used the “last lease payment” mechanism to avoid holding the deposits in a separate account and paying interest. After extensive briefing, we defeated national class certification and the case was ultimately settled for less than $250,000 including legal fees for class counsel.
  • Representing one of the world’s leading private equity firms in pursuing legal malpractice claims against a major law firm.

Trials

  • In Flatiron v Carson (January 2020), led the Covington team through trial and post-trial proceedings, obtaining an injunction prohibiting a senior Flatiron data scientist from participating in a wide range of potentially-competitive activities for a subsequent employer for the entire term of the non-compete agreement.
  • In MECH v. Ledgemont et al., succeeded on behalf of the firm’s client in regaining control of an investment fund and then conducted a three-day trial in Delaware Chancery Court against Ledgemont and its principals to recover $3 million in allegedly misappropriated funds. Following trial the client obtained settlement payments from the estates in bankruptcy or several defendants. Following trial the client obtained settlement payments from the estates in bankruptcy or several defendants.
  • In Triflo v. Lapeyre, represented the terminated CEO of a medical technology firm, who invented the Company’s technology, in a complex dispute involving ownership of intellectual property, trade secrets and ownership of company stock. Mr. Haney defeated all of the Company’s claims for damages and obtained a multimillion-dollar jury verdict after a three-week trial in Federal Court in Orange County, California, on the counterclaims asserted by our client based on claims of breach of a technology license agreement.
  • In Hirsch v. Jackoway Tyerman, represented Jackoway Tyerman, one of the nation's leading entertainment law firms, and several members of its Board of Directors in a seven-week trial in Los Angeles. After Covington obtained dismissal of the dissolution claim, the plaintiffs amended their complaint to seek millions of dollars in damages for breach of fiduciary duty, alleging, among other things, that they had been unfairly forced to leave the firm. The court rejected most of the plaintiffs’ remaining claims against our client, including their core claim to have been forced out of the firm. The court also found that the departed partners were entitled to future fee payments from clients who had left Jackoway Tyerman with them.
  • In Wilmington Trust v. Calpine Corporation, represented Calpine in a major trial in Delaware Chancery Court concerning interpretation of a bond indenture covenant, and an appeal to the Delaware Supreme Court.
  • In Madison Avenue Investment Partners v. America First Real Estate Investors Partners L.P., represented America First in defeating at trial the bulk of the plaintiff’s information demands in a Delaware books and record action.
  • In Leo v. Milbank Tweed Hadly & McCloy, represented the purchaser of a Swiss bank in obtaining a $3.2 million jury verdict in Federal Court in Manhattan for breach of fiduciary duty against one of the nation’s leading law firms.
  • In Zissu v. Bear, Sterns & Co., et al., represented Bear Stearns in defeating securities fraud claims in a three-week Federal jury trial in Manhattan. Mr. Haney second chaired this trial but argued all of the post-trial motions, and successfully argued that Bear Sterns should receive its attorneys’ fees for the entire case.

Arbitrations

  • In an ICC arbitration, obtained a $20 million settlement at the conclusion of the hearing for his client, the former vice chair of a major investment bank, who had asserted partnership and contractual claims.
  • For Interworld Corp., defeated the bulk of the plaintiff’s employment claims.
  • For Creditex, obtained enforcement of employee non-competition agreements in two separate FINRA arbitrations.
  • For Meridian Capital Group LLC, represented Meridian in a complex employment and partnership dispute with a departed employee.
  • For UBS, defeated $20 million in claims by two former senior brokers in a 26-session FINRA arbitration.
  • In an AAA arbitration, represented one of the world’s largest banks in a dispute with a major retailer concerning a co-branded credit card agreement and obtained a very favorable settlement.

* - Some of the above representations were handled by Mr. Haney prior to joining Foley Hoag, LLP.

 

Honors

  • Best Lawyers in America (2017-2022)
  • New York Super Lawyers (2014-2020)

Involvement

  • Association of the Bar of the City of New York, Labor and Employment Law Committee
  • ABA Committee on Employment Law
  • International Bar Association, International Arbitration Committee
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Bar Admissions

  • New York
  • New Jersey