Robert L. Hickok

Overview

In his practice, Bob is particularly interested in the application of economic analysis to resolve legal issues. 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). In addition, Bob has substantial experience in litigation concerning the application of various accounting principles and is interested in applying technology to information and litigation management.

Previously, Bob worked as a federal prosecutor in the U.S. Attorneys Office in Philadelphia, where he conducted numerous fraud, corruption, and tax prosecutions. Bob has been an adjunct professor at Drexel University Kline School of Law and Rutgers-Camden School of Law, where he taught courses in law and economics and professional responsibility.

A magna cum laude graduate of Harvard Law School, Bob was an editor of the Harvard Law Review and 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.
Representative Matters

Antitrust Litigation

Representation of a major abrasives manufacturer in a class action alleging a horizontal price fixing conspiracy. In re Abrasives Antitrust Litigation, Western District of New York.
Representation of a corporation and corporate officer in antitrust class action and related grand jury proceedings. In re Tampico Fiber Antitrust Litigation, Civil Action No. 94-1692, Eastern District of Pennsylvania.
Representation of a major pharmaceutical manufacturer in a criminal investigation in which no indictments were returned.
Representation of a major East Coast oil refiner in an antitrust investigation by the Department of Justice concerning posted prices of crude oil.
Representation of a manufacturer of abrasives in a grand jury investigation in Buffalo, New York, by the Department of Justice involving possible price-fixing.
Representation of various clients, including, inter alia, construction contractors and antique dealers, in criminal price-fixing investigations and actions.
Representation of a roofing materials manufacturer in antitrust grand jury investigation in which no indictments were returned.
Representation of an 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. In re: Compensation of Managerial, Professional and Technical Employees Antitrust Litigation, District of New Jersey.
Representation of an 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; client was voluntarily dismissed from the action, and the complaint was subsequently dismissed on defendants motion to dismiss. Compliance Marketing, Inc., et al. v. Drugtest, Inc., d/b/a DISA, Inc., et al., District of Colorado.
Representation of contractor in antitrust litigation. Smithkline Beecham Corp. v. Eastern Applicators, Inc., et al., Eastern District of Pennsylvania.
Representation of an abrasive grain manufacturer in antitrust class action. 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 an importer/distributor in antitrust class action. In re: Tampico Fiber Antitrust Litigation, Eastern District of Pennsylvania.
Representation of a computer manufacturer in antitrust litigation. Datasat, Inc. v. Unisys Corporation, Southern District of California.
Representation of an airline in antitrust litigation. Atlass v. Texas Air Corp., Eastern District of Pennsylvania.

Banking and Financial Litigation

Representation of a bank in dispute over real estate development project. Oliver Tyrone Pulver Corporation, et al. v. Acorn Four Fall Associates, et al., Court of Common Pleas, Montgomery County, Pennsylvania.
Representation of a bank group in lender liability litigation. Todays Man, Inc., et al. v. NationsBank, N.A., et al., Eastern District of Pennsylvania.
Representation of directors and officers in RTC 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 an investment bank in breach of contract litigation. Constitution Bank v. PaineWebber, Inc., Eastern District of Pennsylvania.
Representation of a bank in lender liability litigation. Chapin Group, Inc. v. Perpetual Savings Bank, F.S.B., Eastern District of Pennsylvania.

Business Litigation

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. Advantek Pro, Inc., et al v. ADT Security Services, Inc., Arapahoe County, Colorado District Court.
Representation of a pharmaceutical company in this RICO action involving the companys participation in the United Nations Oil-for-Food Programme in Iraq during the Saddam Hussein regime. The Republic of Iraq v. ABB AG et al., Southern District of New York.
Representation of a computer company in class action lawsuit seeking relief for wrongs committed by government of South Africa during Apartheid era. In re: Apartheid Reparations Litigation, Southern District of New York.
Representation of a actuarial company in professional liability litigation. Larry S. Hyman, et al. v. Riscorp Insurance Company, Circuit Court, Twelfth Judicial Circuit, Sarasota County, Florida.
Representation of an 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 a computer company in breach-of-contract litigation. Microfibres, Inc. v. SCT Manufacturing & Distribution Systems, Inc., District of Rhode Island.
Representation ofa company in RICO litigation. Jerry L. Burton v. Kencrest Services, Inc., et al., Eastern District of Pennsylvania, No. 002-CV-3205.
Representation of a computer systems company in breach-of-contract litigation. Ceska Sporitelna, a.s. v. Unisys Corporation, Eastern District of Pennsylvania.
Representation of a pharmaceutical company in breach-of-contract litigation. John E. Abdo, et al. v. Centocor, Inc., et al., Eastern District of Pennsylvania.
Representation of a real estate development company in breach-of-contract litigation. Rodin Properties Shore Mall N.V. v. Cushman & Wakefield of Pennsylvania, Inc., et al., District of New Jersey.
Representation of a travel agency in breach-of-contract litigation. Israel Travel Advisory Serv. V. Legacy Isr. Travel, Eastern District of Pennsylvania.
Representation of an accounting firm in professional liability litigation. Alvan L. Lichtenstein, et al. v. BDO Seidman, et al., Court of Common Pleas, Montgomery County, Pennsylvania.
Representation of Chilean fruit growers in Federal Tort Claims Act litigation. Fisher Bros. Sales v. United States, U.S. Court of Appeals for the Third Circuit, Nos. 93-1182; 93-1205; 93-1206; 93-1207; 93-1208; 93-1209.
Representation of a law firm in litigation regarding healthcare services. United States of America v. William Warning, et al., Eastern District of Pennsylvania.
Representation of a radio manufacturer in breach-of-contract litigation. ATACS Corp. v. Trans World Communications, Inc., Eastern District of Pennsylvania.
Representation of an accounting firm in professional liability litigation. The Abbotts Organization, et al. v. Jack Weisbaum, et al., Court of Common Pleas, Philadelphia County, Pennsylvania.
Representation of a school district in RICO litigation. Boro Developers, Inc. v. School District of Hatboro-Horsham, et al., Court of Common Pleas, Montgomery County, Pennsylvania.
Representation of sa teel manufacturer in breach-of-contract litigation. Marshall Steel, Ltd. v. Tippins, Inc., Eastern District of Pennsylvania.
Representation of a company in dispute with former employee. S.T. Hudson Intl, Inc. v. Glennon, Eastern District of Pennsylvania.

Criminal and Grand Jury Matters

Representation of an importer/distributor in price-fixing investigation. In re: Tampico Fiber Grand Jury Investigation, Eastern District of Pennsylvania.
Representation of ca orporate officer in criminal investigations and prosecutions relating to oil spill. 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 a plastic pipe manufacturer in price-fixing investigation. In re: Plastic Pipe Grand Jury Investigation, Northern District of Illinois.
Representation of a United Kingdom corporate officer in price-fixing prosecution. United States v. Casewell, District of New Jersey.
Representation of a corporate officer in criminal investigations and prosecutions relating to fuel calibration standards. United States v. Caleb Brett, Inc., District of New Jersey.
Representation of a computer systems company in investigation involving state government procurement practices .In re: Mohave County Grand Jury Investigation, District of Arizona.
Representation of an oil exploration and development company in price-fixing investigation concerning posted price of crude oil. In re: Crude Oil Grand Jury Investigation, Northern District of Oklahoma.
Representation of a roofing shingle manufacturer in price-fixing investigation. In re: Roofing Shingle Grand Jury Investigation, District of New Jersey.
Representation of an abrasive grain manufacturer in price-fixing investigation. In re: Abrasive Grain Grand Jury Investigation, Western District of New York.
Representation of a defendant in criminal proceeding. United States of America v. Cohen, Middle District of Pennsylvania.
Representation of a defendant in criminal proceeding. United States of America v. DeStefano, District of New Jersey.
Representation of a manufacturing company in antitrust investigation and prosecution. United States of America v. Glick, Western District of Virginia.

ERISA Litigation

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. Dillards, Inc. v. Towers Perrin Forster & Crosby, Inc., Southern District of Ohio.
Representation of officers and directors in class action alleging breach of ERISA fiduciary duties. Cohen v. Baker, Eastern District of Pennsylvania.
Representation of an ERISA plan in class action alleging ERISA breach of fiduciary duties. Kotrosits v. GATX Corp. Non-Contributory Pension Plan for Salaried Employees, U.S. Court of Appeals for the Third Circuit.
Representation of an accounting firm in action alleging ERISA breach of fiduciary duties. Painters of Philadelphia Dist. Council No. 21 Welfare Fund v. Price Waterhouse, U.S. Court of Appeals for the Third Circuit.

Insurance Litigation

Representation of an insurance company in breach-of-contract 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 class action alleging improper sales practices. 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 breach-of-contract litigation. 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 class action alleging improper sales practices. 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.

Securities Litigation

Represent the defendant corporation and two corporate officers in a Rule 10b-5 class action. In re UniTek Global Services, Inc. Securities Litigation (Eastern District of Pennsylvania.
Obtained favorable settlement of Rule 10b-5 class action on behalf of the defendant corporation and certain of its current and former officers; currently represent certain of the corporations current and former officers and directors in related derivative actions. Frater v. Hemispherx BioPharma, Inc., Eastern District of Pennsylvania.
Obtained favorable settlement of Rule 10b-5 class action on behalf of certain of PolyMedixs former corporate officers. Anderson v. PolyMedix, Inc., Eastern District of Pennsylvania.
Represent corporate officers in lawsuit challenging going-private transaction. In re Cybex International Shareholders Litigation, New York Superior Court.
Represent corporate officer in lawsuit challenging going-private transaction. In re Metrologic Instruments, Inc. Shareholder Litigation, New Jersey Superior Court.
Represent acquiring corporation in lawsuit challenging going-private transaction. In re Charming Shoppes, Inc. Derivative and Class Action Litigation, Pennsylvania Common Pleas Court.
Represented defendant corporation and corporate officers in lawsuits filed in Delaware and Pennsylvania challenging going-private transaction. Angiolillo v. eResearchTechnology, Inc., et al. Del. Chancery Court.
Represented the defendant corporation and its CEO and CFO in obtaining dismissal of a federal securities class action that alleged the defendants provided materially false information in an earnings forecast. Building Trades United Pension Trust Fund v. Kenexa Corporation, et al., Eastern District of Pennsylvania.
Represented the defendant corporation in two temporary restraining order and three preliminary injunction hearings in federal and state courts seeking to enjoin a $400 million stock sale transaction by the corporations largest shareholder; all of the plaintiffs requested injunctive relief was denied, and the transaction was permitted to proceed. 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.
Obtained the dismissal of federal securities class action complaint alleging that GSK failed to disclose material information relating to the safety profile of its prescription medicine, Avandia, which was affirmed by the U.S. Court of Appeals for the Second Circuit in August 2009. Borochoff v. GlaxoSmithKline PLC, No. 07-5574, Southern District of New York.
Obtained dismissal of federal securities class action complaint that Lilly failed to disclose material safety and marketing information regarding its prescription medicine, Zyprexa. In re Eli Lilly and Company Securities Litigation, No. 07-01310, Eastern District of New York.
Obtained affirmance of district courts 2007 dismissal of federal securities class action complaint against Discovery Labs for allegedly misrepresenting the companys ability to meet certain requirements for regulatory approval of Surfaxin in the United States and Europe. In re Discovery Laboratories Securities Litigation, No. 07-2080, U.S. Court of Appeals for the Third Circuit.
Obtained dismissal of federal securities class action complaint against Astea for alleged material misstatements in interim financial statements that the company restated. In re Astea International Inc. Securities Litigation, No. 06-1467, Eastern District of Pennsylvania.
Obtained dismissal of derivative action filed against Discovery Labs officers and directors for alleged breach of fiduciary duty in allowing the company to allegedly misrepresent the companys ability to meet certain requirements for regulatory approval of Surfaxin. In re Discovery Laboratories, Inc. Derivative Litigation, No. 06-2058, Eastern District of Pennsylvania.
Obtained partial dismissal, and in 2004, ultimately favorable settlement of a federal securities class action complaint filed against ViroPharma after an FDA Advisory Committee decided not to recommend approval of Plenconaril. In re ViroPharma Inc. Securities Litigation, No. 02-1627, Eastern District of Pennsylvania.
Representation of company and independent directors in federal securities fraud class actions and derivative actions. In re: Adelphia Communications Corporation, No. 02-CV-1781, Eastern District of Pennsylvania.
Representation of underwriters in federal securities fraud class action. In re: Suprema Specialties, Inc. Securities Litigation, No. 02-168, District of New Jersey.
Representation of directors and officers in federal securities fraud class action. In re: U.S. Interactive, Inc. Securities Litigation, No. 01-CV-522, Eastern District of Pennsylvania.
Representation of company and directors and officers in federal securities fraud class action. In re: Unisys Corporation Securities Litigation, No. 99-5333, 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., No. 95-CV-6303, Eastern District of Pennsylvania.
Representation of company in federal securities fraud class action. In re: Regal Communications Corporation Securities Litigation, No. 94-179, Eastern District of Pennsylvania.
Representation of company in federal securities fraud class action. In re: Sears, Roebuck & Co. Securities Litigation, No. 91-2878, 91-3210 and 91-3322, Eastern District of Pennsylvania.
Representation of company and directors and officers in federal securities fraud class action. Harriet Lewis v. Chrysler Corp., et al., 90-7963, 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., No. 89-8499, Eastern District of Pennsylvania.
Representation of accounting firm in federal securities fraud class action. Gruber v. Price Waterhouse, No. 89 1656, U.S. Court of Appeals for the Third Circuit.
Representation of accounting firm in federal securities fraud class action. K.B. Equities, Inc. v. Price Waterhouse, No. 86-4295, Eastern District of Pennsylvania.
Representation of company and directors and officers in federal securities fraud class action. In re: Western Union Securities Litigation, No. 84-5092, Eastern District of Pennsylvania.