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Robert Cooper

Washington, DC

t: 202 895 5211
f: 202 237 2727
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Areas of Practice



Global Investigations and White Collar Defense

Sports Law


Emory Law School, J.D., with distinction, 1994; Book Review Editor, Emory Law Journal

Columbia University, B.A., Political Science, 1991


Hon. William C. O'Kelley, Chief Judge, United States District Court for the Northern District of Georgia, 1994-1996


District of Columbia

United States Supreme Court

United States Courts of Appeals: Fifth and District of Columbia Circuits

Robert Cooper specializes in complex commercial litigation with a particular focus on antitrust and competition matters. He also has extensive experience advising clients with respect to antitrust/competition, contract and licensing agreement, and telecommunications policy issues.

Mr. Cooper has litigated, arbitrated, mediated, and counseled clients in a wide variety of industries, including airlines, agribusiness, commercial real estate, computer software, health care, health insurance, health care technology, hedge funds, insurance/reinsurance, Internet, investment banking, payment systems, private equity, professional sports, sports media, and telecommunications. He has represented clients before a number of federal and state courts, in arbitration proceedings and mediations, and before the Department of Justice, the Federal Trade Commission, the Federal Communications Commission and the Securities and Exchange Commission.

Examples of Mr. Cooper's matters include:

  • leading the Firm’s defense of a prominent Washington, D.C. commercial real estate entity in defending an eminent domain condemnation claim;
  • representing a Chinese manufacturer in connection with U.S. antitrust issues associated with its acquisition of another manufacturing business;
  • advising Cogent Communications, one of the largest Internet access and data transport companies in the world, on competition, regulatory and policy issues, including “net neutrality”;
  • successfully representing Cogent Communications before the U.S. Court of Appeals for the D.C. Circuit as an intervenor in support of the Federal Communications Commission’s defense of its 2015 Open Internet Order;
  • leading the Firm’s representation of Cogent Communications before the Department of Justice and the Federal Communications Commission in connection with the proposed merger of Comcast and Time Warner Cable and the merger of AT&T and DirecTV;
  • representing a leading healthcare technology company in connection with numerous competition, intellectual property, and other issues;
  • leading the Firm’s representation of a health insurer in connection with competition and related issues;
  • defending American Express against claims brought by the U.S. Department of Justice, several states and various merchants alleging violations of Sections 1 and 2 of the Sherman Act;
  • serving as lead counsel in defending six companies against claims in federal court alleging breach of technology licensing agreements and prosecuting antitrust counterclaims against the plaintiffs (settled on confidential terms);
  • representing an international private equity firm in connection with a Securities and Exchange Commission investigation and related private litigation;
  • serving as co-lead counsel in successfully defending a Fortune 100 company in a multi-hundred million dollar AAA arbitration alleging claims for breach of a technology licensing agreement and tortious interference (no damages or injunctive relief were awarded);
  • defending the National Football League and its member clubs in claims brought by players following the collapse of collective bargaining negotiations;
  • representing Level 3 Communications and the Tennis Channel before the Federal Communications Commission in connection with Comcast’s acquisition of NBC Universal;
  • successfully representing the Attorney General of the State of Mississippi in a case alleging that Microsoft overcharged the State and Mississippi consumers for computer software (obtained the largest cash settlement ($40 million) that Microsoft paid in several dozen indirect purchaser actions brought under state antitrust and consumer protection laws, along with discounts on future purchases of computer hardware and software);
  • representing a computer software developer/manufacturer in connection with antitrust issues;
  • representing a commercial bank based in Eastern Europe in connection with cross-border legal issues arising in the United States and Europe;
  • representing E.I. DuPont de Nemours and Company and Pioneer Hi-Bred International, Inc. in litigation involving antitrust, patent and contract issues;
  • defending Delta Air Lines, Inc. in a lawsuit challenging its merger with Northwest Airlines Corp., and representing Delta in connection with the U.S. Department of Justice’s review of that merger;
  • representing American Express in antitrust litigation against Visa, MasterCard and several banks, in which American Express obtained a record-breaking settlement in excess of $4 billion;
  • leading the firm's internal review of business and accounting practices for a major, Bermuda-based reinsurer, RenaissanceRe Holdings Ltd., and representing the non-executive members of the Board of Directors of that company in connection with several governmental investigations;
  • successfully representing a dozen hedge funds in connection with claims for hundreds of millions of dollars brought on their behalf against financial institutions that syndicated commercial debt for Enron; and
  • representing the YES Network in cases involving two of the country’s largest cable operators (Time Warner Cable and Cablevision), as well as disputes with advertisers and infomercial brokers.

Prior to joining Boies, Schiller & Flexner LLP, Mr. Cooper was associated with the Washington, DC office of Arnold & Porter LLP. While there, his practice included commercial litigation and arbitration and representation of various telecommunications and media firms before the FCC. His practice also involved securing regulatory approval of several major telecommunications mergers.

Mr. Cooper served on the Board of Trustees of the Legal Aid Society of the District of Columbia from 2006-2013.

Mr. Cooper was a featured speaker at the National Law Journal's Complex Litigation Breakfast Series on May 24th, 2012 in Washington, DC. Please click here for more information.

Selected Professional Awards and Associations

American Bar Association

Related News

Sanders: ‘We must do everything possible’ to press Clinton on AT&T-Time Warner (Washington Post)

$48M T-Mobile Settlement Sends Solid Transparency Message (Law360)

Telecoms Freed From FTC Grasp In 9th Circ. AT&T Ruling (Law360)

The Top 3 Groups Lobbying The FCC (Law360)

Federal court upholds FCC's net neutrality rules (Milwaukee-Wisconsin Journal Sentinel)

Net Neutrality Opponents Weighing Next Move (Bloomberg BNA)

Key Rulings in Agency Lawsuits Expected in 2016 (The National Law Journal)

Telecom Cases To Watch In 2016 (Law360)

Net Neutrality Politics Likely Behind FCC Data Plan Interest (12.18.2015)

Deutsche Telekom Accused Of 'Toll' At Internet Choke Points (Law360)

Cogent Communications Sues Deutsche Telekom for Congesting Internet Connections (Press Release)

6 Things Keeping Telecom Attorneys Up At Night (Law360)

DOJ Silence Deafening In FCC's Broadband Fight With States (Law360)

Tech Giants, Advocacy Groups Defend FCC Net Neutrality (Law360)

Industry Moves Closer To 1st FCC Net Neutrality Complaint (Law360)

Top Telecom Attys Rep FCC's Net Neutrality Supporters (Law360)

Cogent Says AT&T, DirecTV Deal Poses Congestion Risks (Law360)

AT&T-DirecTV Deal Could Invite Trouble, Cogent Says (Law360)

Comcast’s Bad Connection (Time)

Comcast Pulls Plug On Deal (The National Law Journal)

FCC Resistance Dooms Comcast Deal, Lawyers Say (The National Law Journal)

Gazprom Charged With Price Gouging In East Europe, As Russia Cries Foul (Forbes)

Gazprom Accused of Market-Power Abuse to Raise EU Gas Prices (BloombergBusiness)

Google faces long battle in EU antitrust case (The Los Angeles Times)

New Tech Could Challenge EU In Google Antitrust Probe (Law360)

Can European Regulators Take Google Down? (International Business Times)

The European Commission Opens Antitrust Investigation Into Google (Gizmodo)

Opinion: FCC Doing Its Job — And Well — By Preserving Broadband Competition (03.16.2015)

What Net Neutrality Means for Netflix, Xbox and Skype (In the News)

GOP net neutrality bill is not neutral (In The News)

Preempting Laws That Hurt Municipal Broadband Is Good for Competition—and Net Neutrality (In The News)

Power Play: How Obama Is Shaping Policy — and His Legacy — by Pushing for a Faster Internet and Utility Rules for ISPs (In The News)

Cities cheer Obama's push for municipal broadband (In The News)

FCC and FTC Can Co-Exist on Net Neutrality (In the News)

Obama gets it right on net neutrality (OpEd) (In The News)

Taking Back the Open Internet (In The News)

Telecom Deals Put Lawyers to Work (In The News)

BSF Represents National Football League in Resolution of Labor Dispute with Players Association (07.27.2011)

BSF to Spearhead Defense of American Express in DOJ Suit (Firm Newsletter Spring 2011)

BSF Assumes Lead Role in Emerging Legal Matters Arising from the Bernard Madoff Ponzi Scheme (In The News)

BSF Brings Antitrust Claims Against Seed Giant Monsanto (05.10.2010)

BSF Leads Way in Milestone Case for Seed Industry on Behalf of DuPont (Winter 2010)

Firm Report: May 2009 (May 2009)

Firm Report: July 2008 (07.28.2008)

Firm Report: January 2008 (Vol. 3, Issue I) (01.22.2008)

BSF $ 2.2 Billion Recovery for American Express Noted in American Lawyer's "Big Suits" Column (January 2008)

Firm Report: July/August 2007 (Vol. 2, Issue II) (08.22.2007)

Firm Report: April 2007 (Vol. 2, Issue I) (04.01.2007)

Firm Report: March 2006 (Vol. 1, Issue I) (03.01.2006)