Robert (Bob) M. Frey

Robert (Bob) M. Frey: Attorney with Butler Snow LLP
  • Attorney at Butler Snow LLP (360 Attorneys)
  • Renaissance at Colony Park, 1020 Highland Colony Parkway, Suite 1400, P.O. Box 6010, Ridgeland, MS 39157
    View Robert (Bob) M. Frey's office location
  • Peer Reviews
    4.6/5.0 (37)
    Client Reviews
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Bob is AV-rated by Martindale-Hubbell. In over thirty years of commercial litigation and appellate work, he has developed special interests in written advocacy and insurer-insured rights and responsibilities.


•AV- Preeminent Peer Review Rated, 2013-2017

Papers, Presentations, & Publications

Author, The Appellate Counsel at Trial, DRI’s Certworthy, Vol. 16 Iss. 1, February 2014.
Author, How to be Your Own Appellate Counsel at Trial, The Mississippi Lawyer, Spring 2013.
Author, Dating our Briefs and Opinions ‘1999’ - Bench and Bar Overlook Two Big Changes to the Scope of Discovery, The MDLA Quarterly, Winter 2010.
Author, Improper Closing Argument in Civil Trials, The Mississippi Lawyer, July/September 2009.
Author, Profile of Hon. Rhesa Hawkins Barksdale, Fifth Circuit U.S. Court of Appeals, Federal Lawyer, January 2008.
Author, You Watch Your Phraseology, For the Defense, January 2007.
Author, Tell Me a Story! Certworthy, Winter 2006.
Author, The ‘First-to-File’ Rule and Parallel Litigation, Contract Litigation from A to Z, March 2006 seminar.

Recent Blogs

•Another (need we say it?) Disappointed Additional Insured
•“Additional Insured” counseled to read the policy
•Finally, a happy Additional Insured!
•More “Additional Insured” heartache
•Broad language in Settlement Agreement helps settling plaintiff hang on to millions, despite claims that settlement was obtained via fraud on the court
•Another Disappointed “Additional Insured.”
•Position Accepted By Trial Court, And By Court Of Appeals, Was Insurance Company Bad Faith: Washington Supreme Court
•CGL’s “pollution exclusion” applies to “harsh soaps”: Oregon federal court
•“Generic,” “Cut-and-Paste” Reservation of Rights Letter Ineffective
•Fifth Circuit affirms 34 million verdict against legal malpractice carrier -- exclusion, read literally, “renders the coverage illusory and is facially absurd.”
•Computer Fraud and Abuse Act: Dissent claims that new Ninth Circuit case criminalizes password sharing
•Do Warnings Work?
•Ohio Court Gives Effect to a Different Kind of Reservation of Rights Letter
•Drafting an indemnity agreement that works the way the indemnitee expects it to work.
•Yet ANOTHER Disappointed “Additional Insured”
•Nevada Supreme Court adopts Cumis independent counsel rule, but refuses to hold that reservation of rights letter always presents a conflict
•Liability Insurers receive 25.5 million reminder about the importance of Reservation of Rights letters
•Another Disappointed Additional Insured
•Pennsylvania Supreme Court gets a little help from its friends
•Stop giving away the store! Cases based on Oppenheimer Fund do not define scope of discovery
•Relying on a Certificate of Insurance? Better read it first.
•Stop Giving Away the Store: “Reasonably Calculated” does not define the scope of discovery. (And it never has!)
•Allegation that court itself was victim of fraud causes federal judge to recuse himself, all other judges in the district
•E-discovery: May federal courts insist that litigants “Do as I say, not as I do”?
•Your Babysitter May Have Federal Whistleblower Protection!
•Arbitrators become yet a little more infallible in the Sixth Circuit
•Say it ain’t so, Joe -- the first time they ask - or you’ll be a federal felon!
•The Heeding Presumption as an article of faith
•Disability Insurers Lose Round in Struggle to Recover Overpayments
•Jurors win a round in New Hampshire
•What if they gave a Jury Trial, and nobody came?
•The Brandeis Brief: over one hundred, and still going strong.
•Smile! You’re on the World Wide Web!

Areas of Practice (2)

  • Appellate and Written Advocacy
  • Commercial Litigation

Education & Credentials

Contact Information:
(601) 985-4524  Phone
(601) 985-4500  Fax
University Attended:
Furman University, B.A., cum laude, Blue Key, Omicron Delta Kappa, 1981
Law School Attended:
Vanderbilt University, J.D., Order of the Coif, 1984
Year of First Admission:
U.S. District Courts; U.S. Court Of Appeals; 5th Circuit; 4th Circuit; 1984, Texas (Inactive); Texas: Northern, Southern, Western; Mississippi: Northern, Southern; 1988, Mississippi


Mississippi Bar Association

Texas Bar Association (inactive)

Birth Information:
Reported Cases:
Experience: Took lead in representing owners of 72 acres in the heart of the State's premier residential development, evicting hold-over tenant Federal Aviation Administration. Reunion, Inc. v. United States of America, 90 Fed. Cl. 576 (2009) (striking government's insufficient defenses, and granting summary judgment on liability for just compensation under the Fifth Amendment); Reunion, Inc. v. F.A.A., 2010 WL 1759562 (S.D. Miss.) (FOIA); Reunion, Inc. v. F.A.A., 719 F.Supp.2d 700 (S.D. Miss. 2010) (APA, Bivens); U.S. v. 73.92 Acres of Land, 2011 WL 3471096 (S.D. Miss.) (motion to compel).; Took lead in representing Receiver of a Federal Land Bank seeking to rescind sale of 1.8 million acres of mineral rights to sister bank. Seven-figure settlement reached after one week of State Court bench trial.; Took lead in representing Estate in Tax Court trial re: valuation of controlling interest in closely-held corporation. Settlement reached after trial and before ruling from Court reduced multi-million dollar tax deficiency by over 98%.; Examined all environmental experts in Tax Court trial involving the value of a Mississippi site used for underground atomic bomb tests. Settlement reached after trial and before ruling from Court transformed multi-million dollar tax deficiency into multi-million dollar tax refund.; Thirty - plus years' commercial litigation experience in State and Federal trial and appellate courts. ICM America, Inc. v. Leica Geosystems, Inc., 2016 WL 4014604 (E.D. Ark.); Roberts v. Boots Smith Oilfield Services, LLC, 200 So. 3d 1022 (Miss. 2016); Precision Spine, Inc. v. Zavation, LLC, 2016 WL 866965 (S.D. Miss.); Windham v. Mechanics Bank, 2016 WL 129521 (N.D. Miss.); MCE Automotive, Inc. v. National Casualty Co., 535 Fed. Appx. 303 (4th Cir. 2013); In re Oxford Expositions, LLC., 469 B.R.647 (Bkrtcy. N.D. Miss. 2012) (partial summary judgment on agreement to agree claim); In re Oxford Expositions, LLC., 466 B.R.814 (Bkrtcy. N.D. Miss. 2011) (motion to dismiss defamation and related claims); Mississippi Phosphates Corp. v. Furnace and Tube Serv., Inc., 2010 WL 384735 (S.D. Miss.) (lost profits); U-Save Auto Rental of America, Inc. v. Furlo, 608 F. Supp. 3d 718 (S.D. Miss. 2009) (enforcement of arbitration agreement, and resulting arbitration award; federal jurisdiction amount in controversy); Mississippi Phosphates Corp. v. Furnace and Tube Service, Inc., 2009 WL 1448967 (S.D. Miss.): (coverage, under CGL, for lost profits due to construction mishap); Barbour v. State ex rel. Hood, 974 So.2d 232 (Miss. 2008): (dispute between Governor and Attorney General over special election to fill U.S. Senate vacancy); Paint Plus Pro Center v. PPG Architectural Finishes, Inc., 2008 WL 241595 (S.D. Miss.) (good faith and fair dealing; franchise agreement); H&E Equipment Services, LLC v. Floyd, 959 So.2d 578 (Miss. App. 2007) (heavy equipment lease-purchase dispute); Sanderson Farms Inc. v. Ballard, 917 So.2d 783 (Miss. 2005): (arbitration, chancery jurisdiction, and venue in poultry growers contract dispute); U-Save v. Moses, 80 Fed. Appx. 929 (5th Cir. 2003) (trade secrets and non-compete); Toxco, Inc. v. Transchem, LLC, 42 Fed. Appx. 712 (6th Cir. 2002) (breach of contract); Olexy v. Interstate Assurance Co., 113 F. Supp. 2d 1045 (S.D. Miss. 2000) (Fair Credit Reporting Act); Baptiste v. Archway Cookies, Inc., 675 So.2d 316 (Miss. 1996) (worker's compensation; statute of limitations); Loe v. Howard, 617 So. 2d 999 (Miss. 1992) (business broker fee dispute); LTV Energy Products Co. v. Chaparral Inspection Co., 827 S.W. 2d 593 (Tex. App.-Hous. [1 Dist.] 1992) (down-hole failure of oil well casing); James Myers & Associates, Inc. v. National Development Co., Inc. 722 S. W. 2d 491 (Tex. App-Dallas 1986) (business broker fee dispute).; Extensive experience counseling insurers and insureds on duty to defend, duty to indemnify, duty to settle, and related coverage questions. Lexington Ins. Co. v. Hattiesburg Medical Park Management Corp., 2007 WL 2011288 (S.D. Miss.) (duty to defend, bad faith); Home Ins. Co. v. Mississippi Insurance Guaranty Association, 904 So.2d 95 (Miss. 2004) (declaratory judgment); Booker v. American General Life and Accident Ins. Co., 257 F.Supp.2d 850 (S.D. Miss. 2003) (insurance sales practices); American Bankers Ins. Co. v. Booth, 830 So.2d 1205 (Miss 2002) ( equitable class action and lender-placed insurance); Gipson v. Fleet Mortg. Group, Inc. 232 F. Supp. 2d 691 (S.D. Miss. 2002) (lender-placed insurance); Reed v. American General Life & Acc. Ins. Co., 192 F.Supp.2d 641 (N.D. Miss. 2002) (insurance sales practices); American Bankers Ins. Co. v. Wells, 819 So.2d 1196 (Miss. 2001) (lender-placed insurance); American Bankers Ins. Co. v. Alexander, 818 So.2d 1073 (Miss. 2001) (lender-placed insurance); Byrd v. Pioneer Life, 214 F.3d 1350 (5th Cir. 2000) (fraudulent joinder of insurance agent); Fulgham v. Woodmen of the World, 212 F.3d 594 (5th Cir. 2000) (fraternal benefit society life insurance); Gulf Guaranty Insurance Co. v. Connecticut General Life Ins. Co., 957 F. Supp. 839 (S.D. Miss. 1997) (arbitration under reinsurance treaty); Equitable Mortgage Corp. v. Mortgage Guaranty Insurance Co., 791 F. Supp. 620 (S.D. Miss 1990) (rescission of mortgage insurance policy for material misrepresentation); Mercantile Nat. Bank at Dallas v. Bradford Trust Co., 850 F.2d 215 (5th Cir. 1988) (declaratory judgment re: lost stock certificate).; Retained to write amicus briefs in Gunn v. Hughes, 2016 WL 5543647 (Miss.) (amicus brief on behalf of Lt. Govenor); Hyundai Motor v. Applewhite, 53 So.3d 749 (Miss. 2011) (Daubert); Franklin Corp. v. Tedford, 18 So.3d 215 (Miss. 2009): (rejecting substantial certainty test for intentional tort exception to worker's comp exclusivity rule); Watts v. Radiator Specialty, 990 So.2d 143 (Miss. 2008) (Daubert); Paz v. Brush Engineered Materials, Inc. 2007 WL 14891 (Miss.) (rejecting independent claim for medical monitoring); Ferrara v. Walters, 919 So.2d 876 (Miss. 2006) (marketable title).; Multi-million dollar appellate personal injury victories: Double Quick, Inc. v. Lymas, 50 So.3d 292 (Miss. 2010): (reversing and rendering 4 million premises liability verdict); Jordan v. Burlington Northern Santa Fe R. Co., 2009 WL 112561: (TN App.) (affirming 4 million FELA verdict); Canadian National/Illinois Central R. Co. v. Hall, 953 So.2d 1084 (Miss. 2007): (affirming 1.5 million FELA verdict).; Extensive experience assisting heavy equipment, truck, automobile dealers and other retailers in resolving customer disputes prior to litigation.
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    Peer Reviews

    • 4.6/5.0 (37 reviews)
    • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
    • Legal Knowledge

    • Analytical Capability

    • Judgment

    • Communication

    • Legal Experience

    • 5.0/5.0 Rated by a Partner on 11/06/13 in Insurance Bad Faith Defense

      I know him as Bob. We have always been on opposite sides of the cases that we have tried and he has always been honest and straight forward with me concerning all issues. He is a tough adversary and win lose of draw he is a gentleman lawyer. I have... Read more

      Read more

      I know him as Bob. We have always been on opposite sides of the cases that we have tried and he has always been honest and straight forward with me concerning all issues. He is a tough adversary and win lose of draw he is a gentleman lawyer. I have a lot of respect for Bob. Read less

      Read less
    • 5.0/5.0 Rated by a Partner on 11/04/13 in Litigation

    See All 37 Reviews »

    *Peer Reviews provided before April 15, 2008 are not displayed.

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    Documents (6)

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    Lex Mundi

    Ridgeland, Mississippi

    • Ridgeland, MS
      Renaissance at Colony Park , 1020 Highland Colony Parkway, Suite 1400 , P.O. Box 6010
      Ridgeland, MS 39157

      (601) 985-4524 Phone

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