Douglas P. Lobel, Partner

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 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. From 2011-2015, Chambers USA named Mr. Lobel to its list of America's Leading Lawyers for Commercial Litigation, and he was also named in Best Lawyers in America (2013-2015 Editions).

Notable client quotes include:

  • "[Doug] is one of the best lawyers I have ever worked with. He is very smart on the law and his way with clients is fantastic." (Chambers USA, 2015)
  • "Sources name him an exceptional trial lawyer, and praise his dedicated and highly tactical approach to handling cases." (Chambers USA, 2013)
  • "Douglas Lobel of Cooley LLP is 'tireless, aggressive and very bright; a genuine trial attorney.' Notable clients include Wells Fargo, E*TRADE Financial and Qwest." (Chambers USA, 2012)
  • "Clients praise Douglas Lobel of Cooley LLP as 'an extremely effective litigator with fantastic business sense.'" (Chambers USA, 2011)
  • "Doug makes you feel as if you are his only client." (Washington Business Journal, 2009)
  • "Doug has compiled an almost too-good-to-be-true record in defending E-Trade in a number of significant lawsuits." (Washington Business Journal, 2009)

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, multi-district litigations, arbitrations, internal investigations, agency enforcement proceedings and grand jury investigations. He also frequently litigates injunction actions and post-closing indemnity disputes arising from mergers and acquisitions.

While Mr. Lobel has handled cases in over 50 federal and state jurisdictions throughout the country, he has significant experience litigating in the "rocket docket" of the U.S. District Court for the Eastern District of Virginia, 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, class actions, 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 states' 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., Royal Alliance, PaineWebber, Prudential Securities, and National Discount Brokers (now Ameritrade)

Communications: 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 for E*TRADE in a five-year accounting fraud and breach of contract post-closing, M&A dispute against Deutsche Bank AG in the Southern District of New York. Awarded $18 million plus attorneys' fees and interest after a three-week trial. Affirmed by Second Circuit Court of Appeals. See attached article.
  • Obtained unprecedented Temporary Restraining Order for defense contractor SAIC in the Eastern District of Virginia requiring SAIC's subcontractor to team with it on a $300 million Army recompete.
  • Appointed Lead and Liaison Counsel for CenturyLink in multidistrict litigation involving over 75 consolidated lawsuits and over 600 defendants concerning allegations of improper collection of "access charges" for wireless calls.
  • Lead trial counsel for E*TRADE in $200 million lender liability suit 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.
  • Successfully defeated motion for temporary restraining order seeking to enjoin CACI's termination of a subcontract under a major Army procurement.
  • Obtained dismissal of claims and denial of class certification in several federal consumer class actions brought against E*TRADE alleging violations of the Truth-in-Lending Act and California's consumer protection statute, §17200.
  • Prosecuted a declaratory judgment and breach of contract action for Qwest over network charges and obtained dismissal of $72 million counterclaim.
  • Obtained summary judgment for Wells Fargo in lawsuit alleging fraud and conspiracy in connection with illegal loan scheme. Plaintiff bank sought over $8 million in monetary damages and $16 million in compensatory damages.
  • Obtained dismissal of $125 million breach claim AOL filed against E*TRADE involving online advertising contract.

Mr. Lobel has been involved in a variety of complex and high profile cases. CLICK HERE FOR LITIGATION HIGHLIGHTS FROM 1987-2015.

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.

Education

  • George Washington University Law School
    JD, 1983
  • Haverford College
    BA, 1979

Court Admissions

  • 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, Northern District of Texas
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of Virginia

Bar Admissions

  • District of Columbia
  • Maryland
  • New York
  • Virginia

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