Douglas P. Lobel, a partner in the Firm's Litigation Department, is co-chair of the Firm's national Commercial Class Action Litigation practice and a member of the Complex Contract & Commercial Litigation Practice Group. He joined the Firm in 2006 and is resident in the Reston office.
In 2009, the Washington Business Journal named Mr. Lobel the top corporate litigator in the Washington DC area in its "Top Washington Lawyer" competition. In 2011, 2012 and 2013, Chambers USA named Mr. Lobel to its list of America's Leading Lawyers for Commercial Litigation, noting that clients praise him as "an extremely effective litigator with fantastic business sense," with a "dedicated and highly tactical approach to handling cases," who is "tireless, aggressive and very bright; a genuine trial attorney." Mr. Lobel was also named in Best Lawyers in America (2013 and 2014 Editions).
Mr. Lobel has a diverse commercial and criminal litigation practice in the federal and state trial and appellate courts. He is an experienced trial lawyer and has represented clients from a wide range of industries in complex litigation, class actions, arbitrations, internal investigations, agency enforcement proceedings and grand jury investigations. He has also litigated numerous post-closing indemnity disputes arising from mergers and acquisitions.
Mr. Lobel handles cases throughout the country, but has significant experience litigating in the "rocket docket" of the U.S. District Court for the Eastern District of Virginia in Alexandria, VA.
Government Contracts: Mr. Lobel has particular experience handling lawsuits, arbitrations and internal investigations for government contractors. He has represented prime and subcontractors in injunction proceedings, investigations under the False Claims and Procurement Integrity Acts, disputes under subcontracts, teaming agreements and non-disclosure agreements, and disputes arising from contract performance. He has also litigated post-closing indemnification disputes following acquisitions by government contractors. Government contractor clients include Science Applications International Corp. (SAIC), Leidos, Inc., CACI International, Inc. and Space Exploration Technologies (SpaceX).
Financial Services: A substantial part of Mr. Lobel's practice involves representing financial services clients in civil litigation, arbitrations, regulatory investigations, and enforcement proceedings brought by the NASD, the NYSE and the SEC. He has litigated cases under the federal securities law, the insiders trading statutes, the Truth-In-Lending Act, the Fair Credit Reporting Act, the Electronic Fund Transfer Act, the Foreign Corrupt Practices Act and various state unfair and deceptive practices statutes. He also has represented underwriters in securities class actions. Financial services clients have included E*TRADE Financial Corporation and subsidiaries E*TRADE Bank, E*TRADE Mortgage and E*TRADE Securities, Wells Fargo Bank, Wells Fargo Securities, Cardtronics, Inc., PaineWebber, Prudential Securities, and National Discount Brokers (now Ameritrade)
Telecommunications: Mr. Lobel also has particular expertise representing local, long-distance and international telecommunications carriers in lawsuits and commercial arbitrations. He has litigated a wide variety of issues arising under the Communications Act of 1934 involving carrier tariffs and carrier-to-carrier agreements. He has successfully defended carrier-customer and carrier-carrier disputes, consumer class actions challenging carrier billing practices and allegations of "slamming" and "cramming." Communications clients have included CenturyLink, Inc., Qwest Communications International Inc., XO Communications, LLC, U.S. West Communications, Teleglobe Communications, Iridium Communications Inc., Western Wireless Corporation, eMeritus Communications, NOS Communications, Billing Concepts, Inc., and Excel Communications.
Representative Matters Include:
- Lead trial counsel in a five-year accounting fraud and breach of contract case against Deutsche Bank AG in federal court in the Southern District of New York. E*TRADE sued for breach of stock purchase agreement following its acquisition of a Deutsche Bank subsidiary that originated and securitized consumer loans. Awarded $18 million plus attorneys' fees after a three-week trial. The Second Circuit Court of Appeals affirmed the district court's Judgment and award of attorneys' fees. See attached article.
- Obtained unprecedented Temporary Restraining Order for defense contractor SAIC in the Eastern District of Virginia that required its subcontractor to team with SAIC on a $300 million Army procurement.
- Lead trial counsel in $200 million lender liability suit for E*TRADE alleging bad faith refusal to fund. Obtained dismissal of all claims after three-week federal jury trial; dismissal affirmed by the Tenth Circuit.
- Obtained preliminary injunction against former financial advisors for misappropriation of trade secrets.
- Obtained dismissal of claims and denial of class certification in several federal consumer class actions alleging violations of the Truth-in-Lending Act and California's consumer protection statute, Section 17200.
- Obtained defense verdict on all claims as trial counsel for former thrift owner sued by the FDIC for breach of fiduciary duty and negligence in connection with failure of a New Mexico thrift.
- Obtained dismissal of $125 million contract claim brought by AOL over online advertising contract.
- Successfully prosecuted and settled over $300 million in claims on behalf of local phone company for access charges wrongfully withheld by long-distance company.
Mr. Lobel has been involved in a variety of complex and high profile cases.
CLICK HERE FOR LITIGATION HIGHLIGHTS FROM 1987-2013.
Before joining Cooley, Mr. Lobel was a senior partner at Arnold & Porter. Before entering private practice, Mr. Lobel was a Trial Attorney in the Fraud Section of the U.S. Department of Justice. In that position he investigated and prosecuted complex and high profile financial and securities fraud cases. Prior to joining the Justice Department, Mr. Lobel prosecuted cases as an Assistant District Attorney in Brooklyn, NY.
Mr. Lobel received his JD from George Washington University in 1983, and his BA from Haverford College in 1979.
Mr. Lobel is admitted to practice in the Commonwealth of Virginia, the States of Maryland and New York, and the District of Columbia.
- George Washington University Law School
- Haverford College
- Supreme Court of the United States
- U.S. Court of Appeals, District of Columbia Circuit
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Eleventh Circuit
- U.S. Court of Appeals, Fifth Circuit
- U.S. Court of Appeals, Fourth Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Tenth Circuit
- U.S. Court of Federal Claims
- U.S. District Court, District of Arizona
- U.S. District Court, District of Colorado
- U.S. District Court, District of Columbia
- U.S. District Court, District of Maryland
- U.S. District Court, Eastern District of New York
- U.S. District Court, Eastern District of Virginia
- U.S. District Court, Southern District of New York
- U.S. District Court, Southern District of Texas
- District of Columbia
- New York