Robert A. Johnson
Partner Emeritus
- A trial lawyer with extensive experience in financial restructuring.
- Regularly represents applicants for asylum in the U.S.
Robert Johnson retired from the partnership in June 2018 after having been engaged primarily in commercial litigation for nearly 30 years.
Robert practiced as a litigator in a wide range of legal matters, with particular depth in complex commercial and financial disputes. He tried cases and appeared frequently in court to argue motions and examine witnesses. With an M.B.A. as well as a law degree, Robert has earned a reputation as a well-rounded business advisor.
Many of Robert’s cases involved companies in bankruptcy proceedings. During and in the aftermath of the 2008 financial crisis, he devoted much of his practice to the representation of the official committee of unsecured creditors of Washington Mutual, Inc. (Washington Mutual) the holding company of Washington Mutual Bank. He subsequently advised the official committee of unsecured creditors for Nortel Networks, Inc., (Nortel).
Additionally, he has handled numerous cases involving intellectual property, including defending a commodities exchange against allegations of business methods patent infringement, a food manufacturer accused of trade dress infringement in its retail products and a gasoline retailer accused of trademark infringement.
Robert also has been involved in counseling clients on issues of shareholder activism, both activist and defense. Other business litigation has included breach of contract, tortious interference with contract, corporate veil-piercing, and director and officer litigation. His experience also includes product liability litigation and insurance coverage disputes.
In 2017 and 2018, Robert was deeply involved in amicus curiae briefing on the challenges to the 2017 presidential orders regarding Muslim travel and refugees. The core client group included the Korematsu Center for Law & Equality at Seattle University School of Law; Karen Korematsu, Jay Hirabayashi and Holly Yasui; and the coram nobis teams who worked in the 1980s to overturn the Korematsu, Hirabayashi and Yasui convictions. On June 26, 2018, the Supreme Court upheld the third iteration of the travel ban, but expressly overruled Korematsu.
- Represented the official committee of unsecured creditors of Washington Mutual in a case involving the interplay of commercial bankruptcy issues and Federal Deposit Insurance Corporation failed bank receivership issues, as well as contested setoff arguments regarding the debtors’ cash deposits at another financial institution. Litigation tasks included extensive discovery, motion practice and appeals, as well as securities litigation involving highly unusual financial instruments and three contested confirmation trials.
- Played a central role on the Akin team in a Washington Mutual matter in the negotiation of a multiparty settlement agreement, the plan of reorganization and plan-related documentation. In the late phases of the case, he led the committee’s litigation regarding the priority of payment of mortgage-backed securities.
- Represented the official committee of unsecured creditors of Nortel in litigation to allocate intellectual property sale proceeds among related companies in the United States, Canada and Europe. After 130 fact witness depositions and more than 30 expert depositions, a six-week trial was conducted simultaneously by courts in Delaware and Ontario, linked by video. Following decisions by the courts, there were multiple appeals in both countries, as well as mediation.
- Advised in Nortel litigation involving a software vendor that sued for copyright infringement and theft of trade secrets, alleging that the Nortel companies had improperly transferred source code to purchasers.
- In a multiyear litigation, defended a commodities exchange facing allegations that its electronic system for commodity futures trading infringed a business methods patent. The case required defense of many of the exchange’s board members, traders and staff in depositions, as well as expert depositions. Ultimately, the dispute was resolved in court-ordered mediation.
EducationJ.D., Harvard Law School, 1988
M.B.A., Columbia University, 2002
B.A., Stanford University, with honors, 1985
J.D., Harvard Law School, 1988
M.B.A., Columbia University, 2002
B.A., Stanford University, with honors, 1985
Bar AdmissionsNew York
New York
- Pro bono Partner of the Year, Akin, New York office, 2013.
- Pro bono lawyer for asylum seekers to the U.S., many of whom are referred by Immigration Equality and Sanctuary for Families.
- Volunteer and fundraising event co-chair, Ali Forney Center, which provides shelter and services for homeless LGBTQ youth.
- Treasurer and board member, Stanford New York Alumni.
