Robert M. Palumbos: Lawyer with Duane Morris LLP

Robert M. Palumbos

Philadelphia,  PA  U.S.A.
Phone215 979 1111

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Experience & Credentials

Practice Areas

  • Trial Practice
    Contact InfoTelephone: 215 979 1111
    Fax: 215 689 4940
    University The Johns Hopkins University, B.A., 1999 Phi Beta Kappa, University Honors; The Johns Hopkins University, M.A., 1999
    Law SchoolUniversity of Pennsylvania Law School, J.D., magna cum laude, 2005 Associate Editor, Senior Editor, University of Pennsylvania Law Review, Order of the Coif
    AdmittedPennsylvania; U.S. District Court for the Eastern District of Michigan; U.S. Court of Appeals for the Federal Circuit; U.S. Court of Appeals for the First Circuit; U.S. Court of Appeals for the Second Circuit; U.S. Court of Appeals for the Third Circuit; U.S. Court of Appeals for the Fourth Circuit; U.S. Court of Appeals for the Fifth Circuit; U.S. Court of Appeals for the Sixth Circuit; U.S. Court of Appeals for the Seventh Circuit; U.S. Court of Appeals for the Ninth Circuit; U.S. Court of Appeals for the Eleventh Circuit; U.S. Court of Appeals for Veterans Claims; U.S. District Court for the Eastern District of Pennsylvania; Supreme Court of the United States

    Professional Activities

    •Pennsylvania Supreme Court's Appellate Court Procedural Rules Committee
    - Member (2015-present)
    •American Inn of Court, University of Pennsylvania Law School (2009-2012)
    •Bar Association of the Third Federal Circuit (2010-present)
    •American Bar Association
    - Council of Appellate Lawyers, Appellate Judges Conference (2012-present)
    •Pennsylvania Bar Association
    - Appellate Advocacy Committee (2011-present)
    •Philadelphia Bar Association
    - Appellate Courts Committee (2011-present)

    BornRochester, New York, December 29, 1976

    Robert M. Palumbos helps companies and entrepreneurs resolve complex legal issues in appellate and commercial litigation. He is an experienced appellate lawyer with a track record in over four dozen appeals of preserving trial court victories and reversing trial court losses. Mr. Palumbos has briefed or argued appeals in state and federal courts throughout the United States, including as lead counsel in more than a half-dozen successful appeals. His appellate work covers a wide range of legal areas, such as RICO, corporate governance, administrative agency law, real estate and zoning, insurance coverage and contracts.

    In addition to his appellate work, Mr. Palumbos represents companies in complex commercial litigation in trial courts throughout the United States. He handles high-stakes cases involving RICO, antitrust, securities, and class actions, often winning those cases early in the process before trial through strategic motions practice. His clients include leaders within the Internet, venture capital investment, software and hardware design, pharmaceutical, and financial services industries.

    Before entering private practice, Mr. Palumbos was a judicial clerk to the Honorable Marjorie O. Rendell of the U.S. Court of Appeals for the Third Circuit. Mr. Palumbos is a 2005 magna cum laude graduate of the University of Pennsylvania Law School and former editor of the University of Pennsylvania Law Review. He is also a graduate of Johns Hopkins University (M.A., B.A.), where he was elected to Phi Beta Kappa.

    Mr. Palumbos chairs the firm's Philadelphia office Inclusion Committee and is a member of the board of LIFT-Philadelphia.


    •Duane Morris LLP
    - Partner, 2014-present
    - Associate, 2006-2013
    •U.S. Court of Appeals for the Third Circuit
    - Judicial Clerk to the Honorable Marjorie O. Rendell, 2006

    Honors & Awards

    •2014 Lawyers on the Fast Track by The Legal Intelligencer
    •Pennsylvania Rising Star, 2011-2015

    Civic and Charitable Activities

    •Board, LIFT-Philadelphia, 2014-present

    Selected Speaking Engagements

    •Speaker, Legal Writing for the 21st Century, Pennsylvania Bar Association Civil Litigation Section Retreat, April 17-19, 2015
    •Speaker, Writing to Win, Duane Morris LLP In-House CLE Program, January 16, 2015
    •Speaker, The Rules of Evidence: A Practical Toolkit, National Business Institute, December 12, 2014
    •Speaker, Remedies Under Pennsylvania Law for Minority Shareholders Claiming Oppression, Pennsylvania Bar Institute, Philadelphia, November 13, 2014
    •Speaker, Fiduciary Duties in the Era of Benefit Corporations and Hobby Lobby, Pennsylvania Bar Institute, Philadelphia, November 12, 2014
    •Speaker, Legal Writing in the 21st Century, Pennsylvania Bar Institute, Mechanicsburg and Philadelphia, October 15 and 28, 2014
    •Speaker, Justiciability Doctrines, Pennsylvania Bar Institute, Philadelphia and Pittsburgh, August 15 and 29, 2013
    •Speaker, Records Retention for Manufacturers: Building a Successful Program, Association of Corporate Counsel, Webcast, May 22, 2012

    Selected Publications

    •Co-Author and Course Planner, Advanced Issues in Civil Practice and Procedure: Judicial Review, Pennsylvania Bar Institute, Publication No. 2013-7853 (2013)
    •Co-author, Expert Evidence in the Third Circuit, Scientific Evidence Review: Admissibility and Use of Expert Evidence in the Courtroom, Monograph No. 9 (2013), No. 8 (2008)
    •Co-author, Antitrust Class Action Settlements, in Antitrust Class Actions Handbook, American Bar Association, 2010
    •Co-author, Unique Aspects of Appellate Practice in the Third Circuit, A Practitioner's Guide to Appellate Advocacy, American Bar Association, 2010
    •Co-author, Indirect Purchaser Lawsuits: A State-by-State Survey, American Bar Association, 2010
    •Co-author, Supreme Court Confirms Application of Twombly to All Civil Cases, Duane Morris Alert, May 21, 2009
    •Comment, Within Each Lawyer's Conscience a Touchstone: Law, Morality, and Attorney Civil Disobedience, 153 U. Pa. L. Rev. 1057 (2005)

    Reported CasesRepresentative Matters: Appellate Litigation Obtained complete affirmance of summary judgment on novel issues in the Third Circuit relating to copyright preemption and claims under RICO, the Computer Fraud and Abuse Act, and the Lanham Act. Collegesource, Inc. v. AcademyOne, Inc., 2015 U.S. App. LEXIS 1845 (3d Cir. Feb. 5, 2015). Representing Yellow Pages Group, LLC in an appeal to the U.S. Court of Appeals for the Eleventh Circuit from a nominal verdict on a copyright infringement claim in which the plaintiff sought a $1.5 billion verdict. Represented developers before the Supreme Court of Pennsylvania in a case that favorably determined the level of specificity required for development plans submitted under Pennsylvania's Planned Residential Development statute. Newtown Square East v. Township of Newtown, __ A.3d __, 2014 Pa. LEXIS 2496 (Pa. 2014). Obtained a precedential decision from the U.S. Court of Appeals for the Third Circuit, as lead appellate counsel for the Latin American Coalition, affirming the dismissal of a RICO claim and establishing that property owners do not violate the Immigration and Naturalization Act by knowingly renting apartments to undocumented aliens. Delrio-Mocci v. Connolly Properties, Inc., 672 F.3d 241 (3d Cir. 2012). Successfully argued in the U.S. Court of Appeals for the Third Circuit that a district court erred by denying a preliminary injunction in a corporate governance dispute involving a closely held limited liability company. Health & Body Store, LLC v. JustBrand Ltd., 2012 U.S. App. LEXIS 9604 (3d Cir. May 11, 2012). Lead counsel in successful appeal to the U.S. Court of Appeals for the Second Circuit reversing agency error in immigration proceedings. Grenade v. Holder, 324 F. App'x 88 (2d Cir. 2009). Obtained from the Pennsylvania Supreme Court a reversal on behalf of Toll Brothers, Inc., holding that parties to a zoning hearing, who are not party appellants to the land use appeal, lack independent standing to appeal. Stuckley, et al. v. ZHB of Newtown Twp., 79 A.3d 510 (Pa. 2013). Represented former NFL star Jason Taylor and two business partners in a successful appeal to the U.S. Court of Appeals for the Third Circuit that resulted in a reversal and entry of a multimillion-dollar judgment in Mr. Taylor's favor in connection with a failed real estate transaction in the Virgin Islands. Addie v. Kjaer, 737 F.3d 854 (3d Cir. 2013). Obtained a precedential decision from the U.S. Court of Appeals for the Third Circuit confirming the proper test for taxpayer residency in the U.S. Virgin Islands and reversing the district court's finding after a nonjury trial that several taxpayers had failed to establish Virgin Islands residency. Vento v. Dir. V.I. Bureau of Internal Revenue, 715 F.3d 455 (3d Cir. 2013). Represented the Association of Corporate Counsel, the U.S. Chamber of Commerce, the Pennsylvania Bar Association and the Philadelphia Bar Association, as amici curiae, in an appeal to the Pennsylvania Supreme Court in which the court, quoting extensively from the amicus brief, reversed a line of intermediate appellate decisions by holding that the attorney-client privilege protects communications made by attorneys to clients. Gillard v. AIG Insurance Co., 15 A.3d 44 (Pa. 2011). Represented the Pennsylvania Department of Banking in two groundbreaking enforcement actions to enjoin illegal payday lending at approximately 100 stores across Pennsylvania, and by a Nevada-based Internet lender. Pa. Dep't of Banking v. NCAS of Delaware, LLC, 948 A.2d 752 (Pa. 2008); Cash America Net of Nevada, LLC v. Pa. Dep't. of Banking, 8 A.3d 282 (Pa. 2010). Counsel to Travelers Insurance in a cross-appeal to the U.S. Court of Appeals for the Third Circuit resulting in a favorable reversal on the issue of coverage under a legal malpractice policy and affirmance on the issue of bad faith. Post v. St. Paul Travelers Insurance Co., 691 F.3d 500 (3d Cir. 2012). Obtained reversal of summary judgment against Liberty Mutual Insurance Co., surety for a $100 million construction project, in an appeal to the U.S. Court of Appeals for the Third Circuit based on the interpretation of a conditional payment clause in a construction subcontract. Sloan v. Liberty Mutual Insurance Co., 653 F.3d 175 (3d Cir. 2011). Counsel to a major regional grocery chain in an appeal to the U.S. Court of Appeals for the Fourth Circuit from the denial of class certification in a putative class action alleging violations of the Fair and Accurate Credit Transactions Act. Stillmock v. Weis Markets, Inc., 385 F. App'x 267 (4th Cir. 2010). Trial Litigation Obtained a complete victory prior to trial for AcademyOne, Inc., a Pennsylvania-based internet company, in action brought by a competitor alleging violations of RICO, the Computer Fraud and Abuse Act, and the Lanham Act. CollegeSource, Inc. v. AcademyOne, Inc., 2011 U.S. Dist. LEXIS 43684 (E.D. Pa. Apr. 22, 2011) (dismissing RICO claims); 2012 U.S. Dist. LEXIS 153197 (E.D. Pa. Oct. 25, 2012) (granting summary judgment), aff'd, 2015 U.S. App. LEXIS 1845 (3d Cir. Feb. 5, 2015). Counsel to one of world's largest software vendors in civil RICO litigation brought by municipality that was dismissed at the pleading stage. County of Marin v. Deloitte Consulting LLP, 836 F. Supp. 2d 1030 (N.D. Cal. 2011). Obtained dismissal of RICO claims at motion-to-dismiss stage on behalf of major commercial real estate developer. Litigated remaining contract and fiduciary duty claims and obtained a settlement the client found favorable. Kolar v. Preferred Real Estate Investments, Inc., 2008 U.S. Dist. LEXIS 48781 (E.D. Pa. June 19, 2008), aff'd, 361 F. App'x 354 (3d Cir. 2010). Class counsel in antitrust class action that resulted in multimillion-dollar settlement for a class of terminated truck dealerships. Cumberland Truck Equipment Co. v. Detroit Diesel Corp., Case Nos. 05-cv-74594 (E.D. Mich.). Defeated two putative class actions against a leading yacht manufacturer based on alleged product defects. ACH Enters. 1 LLC v. Viking Yacht Co., 817 F. Supp. 2d 465, 466 (D.N.J. 2011); Cauble v. Viking Yacht Co., 10-cv-61892 (S.D. Fla. 2011). Represented international supplier and trader of precious metals in AAA arbitration hearings relating to supply contracts and pricing issues. Johnson Matthey Inc. v. E.I. Du Pont de Nemours & Co.
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    Office Information

    Robert M. Palumbos

    30 South 17th Street
    PhiladelphiaPA 19103-7396


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