Robert litigates high-stakes disputes that impact industries, safeguard professional standing, and secure critical value in land and license. He has unique experience in complex and high-value real estate and regulatory disputes, and in navigating rights, responsibilities, and authority in transformative matters of government and property. Across his practice, Robert leverages strategic insights and appellate-level analysis to protect individuals, businesses, and common-interest organizations in their most consequential matters.
REGULATORY LITIGATION AND GOVERNMENT AUTHORITY
Robert has unique experience defending clients in complex licensing, rulemaking, and enforcement matters threatening his clients’ livelihoods, businesses, and ongoing operations. In addition to defending disciplinary actions Robert also navigates novel questions under federal and state law, including expansions of regulatory authority over new or unanticipated conduct, or authority pursued through improper procedures. In doing so Robert represents clients before government agencies, administrative tribunals, and the courts, defending client rights and interests in rulemaking, permitting, and enforcement. Robert has also negotiated client disputes with top-level agency leadership, and has liaised with the highest levels of leadership at the North Carolina General Assembly concerning emergent regulatory efforts in forever-chemical governance. Robert also engages at the intersection of state and federal government, as his work also includes public opinion letters addressing the limits of federal regulation over local authorities, and amicus curiae briefing to the Supreme Court of the United States explaining the impact of federal law on guaranteed rights under state laws and constitutions.
Robert’s regulatory work includes litigating key issues in emerging contaminants and “forever chemical” regulation, including the emerging 1,4-dioxane and PFAS regulatory landscape. Robert’s work in this arena synthesizes state and federal law to defend front-line enforcement and permitting actions that shape the future of forever-chemical regulation in North Carolina and beyond. Robert also has experience advising clients on complex CAMA permitting issues, and in evaluating regulation of property and businesses involving agencies ranging from the United States Forest Service to the North Carolina Alcoholic Beverage Commission and Department of Health and Human Services. Robert regularly monitors certain agency rulemaking efforts and notable litigation concerning agency authority at the State and Federal levels, including at the Supreme Court of the United States and the Supreme Court of North Carolina, in ongoing efforts to keep his clients abreast of regulatory changes.
REAL ESTATE LITIGATION AND PROFESSIONAL DEFENSE
Robert has extensive experience representing investors, commercial developers, and real estate industry professionals-including attorneys, brokers, surveyors, and appraisers-when land, value, and license are on the line. Robert serves clients as a courtroom litigator and as counsel before regulatory boards, and in either arena he is called upon to navigate the many critical junctures impacting landowners and the professionals that serve them. Robert has thus represented clients in disputes over multi-million-dollar land transactions, liability and disciplinary claims against industry professionals, conflicts over land, water, and development rights, and in issues arising in title and title insurance that can appear even into the late stages of ownership. Robert’s work also has industry-wide impacts, as he has joined as amicus curiae counsel on briefing concerning land rights to the Supreme Court of the United States, and his legal arguments on mortgages have also been adopted by the North Carolina Court of Appeals resulting in new law cited as authority by local and national legal treatises such as Strong’s N.C. Index and Corpus Juris Secundum.
Robert’s work as a litigator and regulatory counsel in the real estate industry is bolstered by his experience as a transactional attorney closing commercial real estate deals. In addition to his work as a litigator, Robert has a long history representing buyers and sellers in commercial real estate transactions, in which practice he helped his clients purchase, sell, and finance commercial real estate across North Carolina.
COMPLEX CREDITORS’ RIGHTS IN BANKRUPTCY
Robert maintains a creditors’ rights practice where he has special experience in advising creditors in complex bankruptcies with national and international reaches, and in analyzing and arguing the intersection of state property law and federal bankruptcy law when his clients’ recoveries are at risk. Robert also assists clients with recovering losses from debtors prior to bankruptcy, in which regard he assists clients in recovering losses and reaching assets beyond those that a debtor may immediately have at hand.
CLIENT SERVICE
Robert works closely with his clients and inside counsel to provide efficient advice and service focused on his clients’ ultimate outcomes. He balances zealous advocacy with clear, effective presentation, and when matters turn complex, Robert takes pride in close analysis of legal and factual issues. He has counseled clients and litigated cases in North Carolina’s administrative, district, superior, and appellate courts; in federal district and appellate courts; and in matters with State regulators and before the North Carolina Rules Review Commission.
Robert maintains an AV rating with Martindale Hubbell, a prestigious peer review rating that recognizes his professional excellence for legal expertise, communication skills, and ethical standards.
EDUCATION AND PRIOR EXPERIENCE
Robert formerly practiced in commercial litigation and commercial real estate transactions (both for buyers and sellers) in Greensboro, North Carolina. A Raleigh native, Robert earned undergraduate degrees in philosophy and in history at North Carolina State University before earning a master’s in philosophy from Duquesne University in Pittsburgh, PA. Robert studied law at the University of North Carolina, where he graduated with honors after serving on the First Amendment Law Review and the Holderness Moot Court’s international law team.
Results
•Argued to the North Carolina Rules Review Commission in opposition to proposed 1,4-dioxane rulemaking by the North Carolina Environmental Management Commission, on grounds thereafter adopted by the North Carolina Rules Review Commission in its objection to the proposed rules.
•Earned dismissal of a winning bidder’s appeal in a foreclosure proceeding, arguing that the bidder’s rights in a foreclosure proceeding do not include the right to force the sale of the underlying property once borrower and lender reinstate the loan.
•Earned dismissal of counterclaims and third-party complaints by a real estate seller, in a lawsuit based on the seller’s breach of a contract to convey commercial property.
•Earned dismissal of all claims against an HVAC manufacturer in a lawsuit based on alleged defects in HVAC units throughout a large apartment complex.
•Obtained voluntary dismissal from plaintiffs in underground utility case by leveraging jurisdictional, expert witness, and evidentiary issues to obtain a favorable outcome for client.
•Earned dismissal of substantial counterclaims by a commercial tenant in a lease dispute, leading to a favorable outcome at mediation.
News
•Included in Lawyers Weekly most important opinions, 2nd quarter 2018 (in re: Menendez, 813 S.E.2d 680 (N.C. Ct. App. 2018) - https://nclawyersweekly.com/2018/06/29/most-important-opinions-for-2q-2018/ .
Accomplishments
•Selected for inclusion in Best Lawyers: Ones to Watch in America in the field of Litigation - Construction (2024 - 2026), Commercial Litigation (2025-2026), Professional Malpractice Law (2026)
•Selected for inclusion in North Carolina Rising Stars in the field of Civil Litigation, Defense (2023-2025); Administrative Law (2026)
•Martindale-Hubbell, AV Rated
Most Recent Posts
News
17 Cranfill Sumner LLP Attorneys Named to 2026 North Carolina Super Lawyers and Rising Stars Lists
Cranfill Sumner LLP announced that 17 of its attorneys have been selected for inclusion in the 2026 North Carolina Super Lawyers and 2026 North Carolina Rising Stars lists....
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The Court Hears Arguments in Trump v. Slaughter: The End of Humphrey’s Executor?
On December 8, the Supreme Court heard arguments in Trump v. Slaughter, a case that will likely result in implications...
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Our Top 10 Resources of 2025
Throughout the year, the attorneys at Cranfill Sumner LLP strive to provide the public with the latest updates on North...
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Revisiting Presidential Removal Powers: The Ongoing Impact of Trump v. Wilcox
In late May 2025, the United States Supreme Court issued a preliminary ruling in Trump v. Wilcox that allowed President...
News
CSH Law Attorneys Receive Best Lawyers “Ones to Watch” Recognition
Six attorneys from Cranfill Sumner LLP (CSH Law) were recently named among the Best Lawyers 2026 Ones to Watch....
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U.S. Supreme Court Authorizes Immediate Changes at Independent Federal Agencies
Individuals and businesses regulated by independent federal agencies may find immediate changes in agency leadership following a May 22, 2025,...
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An Administrative State No Longer: How North Carolina May Reduce Executive Authority
The distinctions and relationships between the three branches of government-legislative, judicial, and administrative-are not static, but ever-changing, both at the...
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Supreme Court Cert Denials: Beyond the Headlines
While legal analysts focus on landmark Supreme Court decisions each term, equally significant are the cases the Court declines to...
News
R. Robert El-Jaouhari Quoted in The News & Observer Regarding FAA Authority at Lake Crabtree County Park
Following his recent CBS-17 interview on the same topic, attorney R. Robert El-Jaouhari was quoted in a March 13 article...
News
R. Robert El-Jaouhari Submits Public Comment Regarding FAA Authority at Lake Crabtree County Park
Cranfill Sumner attorney R. Robert El-Jaouhari recently submitted a public comment to Raleigh-Durham Airport Authority, the governing body of RDU...
News
21 Cranfill Sumner LLP Attorneys Named to 2025 North Carolina Super Lawyers and Rising Stars Lists
Cranfill Sumner LLP announced that 21 of its attorneys have been selected for inclusion in the 2025 North Carolina Super Lawyers and 2025 North Carolina Rising Stars lists....
News
Chad Rhoades Named Chair of Cranfill Sumner Practice Group
Cranfill Sumner LLP today announced that Chad Rhoades has been named the Chair of the firm’s Administrative, Regulatory and Government Law Practice Group. Robert El-Jaouhari will continue to serve as the practice group Vice Chair....
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Why the Supreme Court Tolerated the TikTok Ban (And What That May Teach Us About Deference)
Today the Supreme Court of the United States declined to block Congress’s TikTok ban, clearing the way for the ban...
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Our Top 10 Resources of 2024
Throughout the year, the attorneys at Cranfill Sumner LLP strive to provide the public with the latest updates on North...
News
Cranfill Sumner Attorneys Discuss Chevron Deference and Commercial Real Estate
Robert El-Jahouri and Vince Eisinger served as the presenters for the Oct. 22 NC CCIM (Certified Commercial Investment Member) Triangle Networking Lunch....
News
CSH Law Attorneys Receive Best Lawyers “Ones to Watch” Recognition
Six attorneys from Cranfill Sumner LLP (CSH Law) were recently named among the Best Lawyers 2025 Ones to Watch....
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After Chevron: The New Battleground for Policing Federal Agencies in the Loper Bright Era
Chevron deference has ended, and with it the significant judicial deference to federal agency interpretations of silences or ambiguities in...
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Big Deal / Little Deal: Why the U.S. Supreme Court’s Loper Bright Opinion Is a Gamechanger While Its Jarkesy Opinion Is Insignificant in Comparison
The final week of June was a big one for those who have been following what seems to be a...
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U.S. Supreme Court’s Corner Post Ruling Prolongs Federal Agencies’ Exposure to Suit
In another notable 6-3 decision following the end of Chevron deference, the Supreme Court of the United States on July...
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Chevron Overruled, Judicial Deference to Federal Agencies Restricted
In its 6-3 opinion on June 28, 2024, the Supreme Court of the United States ended forty years of the...
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Top Administration Officials Warn of Risks of Cyberattacks on U.S. Water and Wastewater Systems
On March 18, 2024, Michael S. Regan, Environmental Protection Agency (“EPA”) Administrator, and National Security Advisor Jake Sullivan issued a...
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Highlights from Oral Argument in Loper Bright Enterprises v. Raimondo
The pending challenge to federal Chevron deference took its next step forward on January 17, 2024, when the U.S. Supreme...
News
13 Cranfill Sumner LLP Attorneys Named to 2024 North Carolina Super Lawyers and Rising Stars Lists
Cranfill Sumner LLP announced that 13 of its attorneys have been selected for inclusion in the 2024 North Carolina Super Lawyers and 2024 North Carolina Rising Stars lists....
News
Cranfill Sumner LLP Hosts Legal Summit
Cranfill Sumner LLP hosted a day-long, virtual 2023 Legal Summit on Oct. 11....
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Chevron Deference to Administrative Agencies Re-examined as the United States Supreme Court Considers Loper Bright Enterprises v. Raimondo
Chevron deference has been a staple of American federal jurisprudence since its implementation in 1984. The case, Chevron U.S.A., Inc....
News
CSH Law Attorneys Receive Best Lawyers “Ones to Watch” Recognition
Five attorneys from Cranfill Sumner LLP (CSH Law) were recently named among the Best Lawyers 2024 Ones to Watch....
News
Robert El-Jaouhari Hosts Webinar to Discuss Regulatory Issues
Robert El-Jaouhari hosted the Aug. 29 webinar that included a regulatory update and a discussion of the Chevron deference under review....
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Fourth Circuit Limits Reach of Federal Regulation Under the “Major Questions” Doctrine as it Relieves Shrimp Trawlers from Clean Water Act Permitting
The Clean Water Act (“CWA”) regulates the discharge of certain “pollutants” into waters of the United States (“WOTUS”). Should shrimp...
News
Robert El-Jaouhari and Elizabeth Stephens Named Vice Chairs of Cranfill Sumner LLP Administrative, Regulatory, and Government Law Practice Group
Cranfill Sumner LLP today announced that Robert El-Jaouhari and Elizabeth Stephens have been named as Vice Chairs of the firm’s Administrative, Regulatory & Government Law Practice Group....
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FTC Extends Comment Period for Proposed Ban of Noncompete Agreement
As our firm first reported on January 9, 2023, the Federal Trade Commission is currently accepting comments for its proposed...
News
13 Cranfill Sumner LLP Attorneys Named to 2023 North Carolina Super Lawyers and Rising Stars Lists
Cranfill Sumner LLP announced that 13 of its attorneys have been selected for inclusion in the 2023 North Carolina Super Lawyers and 2023 North Carolina Rising Stars lists....
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The Federal Trade Commission Announces Proposed Rule Eliminating Most Non-Compete Provisions in Employment Agreements
On January 5, 2023, the Federal Trade Commission announced a proposed rule eliminating most non-compete provisions in employment agreements. The...
News
Cranfill Sumner LLP Announces New Partners
Cranfill Sumner LLP today announced that Robert El-Jaouhari (Raleigh), Jake Stewart (Charlotte), and Jack Wright (Charlotte) have been named partners in the firm....
News
Robert El-Jaouhari Receives AV Rating From Martindale-Hubbell
Cranfill Sumner LLP (CSH Law) today announced that Robert El-Jaouhari has received an AV Rating from Martindale-Hubbell. He is an associate attorney based in the Raleigh office of CSH Law....
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United States Supreme Court Sharpens the Contours of the Automatic Stay
The City of Chicago found itself at the Supreme Court of the United States. The City had refused to accede to...
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When Good Tenants go Bankrupt: Top Things Commercial Landlords Need to Know
Sometimes the result of even a good business is bankruptcy, particularly as COVID-19 and its economic and regulatory impacts run...
News
Cranfill Sumner Attorneys Volunteer for Legal Aid Eviction Project
In May 2020, Legal Aid of North Carolina launched an effort to help North Carolinians who were struggling to pay rent and were facing eviction. Legal Aid paired available emergency financial support with a search for volunteer attorneys from across the state who could help negotiate past and future payments with landlords....
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Does an Employee Who Contracts COVID-19 at Work from a Co-Employee Have a Legal Remedy?
As more employers begin to open their doors and their employees return to work, unanticipated and unusual issues are likely...
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Cranfill Sumner Launches COVID-19 Response Team
Cranfill Sumner & Hartzog LLP (Cranfill Sumner) announced the creation of its COVID-19 Response Team. The team is comprised of...
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The Cyber Risk of a Remote Workforce
Despite its negative impact on our lives, and despite the fact that it has forced Americans and American businesses to...
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COVID-19: FAQs for Employers
We are in uncharted territory. Life in America, and many other places around the world, is essentially on hold. Children are out...
News
Robert El-Jaouhari Joins Cranfill Sumner Raleigh Office
Cranfill Sumner LLP (Cranfill Sumner) today announced that R. Robert El-Jaouhari has joined the firm’s Raleigh office as an associate attorney. He will focus his practice in civil litigation....
