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Practice Groups:
Practice Specific Experience:
Education:
| · | Harvard Law School, J.D., 1986, magna cum laude; Executive Editor, Harvard Civil Rights/Civil Liberties Law Review | | · | University of Missouri, B.A., 1983, summa cum laude |
Admissions:
Courts:
| · | U.S. Supreme Court, 2008 | | · | U.S. Court of International Trade, 2000 | | · | Supreme Court of Illinois, 1986 | | · | U.S. District Court, Northern District of Illinois, 1986 | | · | U.S. Court of Appeals, Seventh Circuit, 1992 |
Judicial Clerkships:
| · | Hon. Ilana Diamond Rovner, U.S. District Court, Northern District of Illinois , 1988 - 1990 |
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Robert R. Stauffer is a partner in the Firm’s Litigation Department. He is a member of the White Collar Defense and Investigations, Class Action, and Health Care Litigation Practices. Mr. Stauffer is AV Peer Review Rated, Martindale-Hubbell’s highest peer recognition for ethical standards and legal ability.
Mr. Stauffer represents clients in white-collar criminal matters and compliance counseling. He has represented individuals and corporations in grand jury and SEC investigations, trials and appeals, and he has conducted internal investigations for clients who are faced with internal or external allegations of wrongdoing. His white collar experience has included topics as diverse as alleged accounting irregularities, health care fraud and abuse, and public corruption. Mr. Stauffer is the Editor of Jenner & Block's Internal Investigations Update online resource center, which provides regular updates on legal developments relating to internal investigations and collects resources of use to practitioners in this area.
Mr. Stauffer also has extensive experience in civil commercial litigation. For instance, he has represented corporations in efforts to recover insurance proceeds to compensate for environmental liabilities incurred at dozens of sites across the country. Reported opinions in cases handled by Mr. Stauffer include In re Commercial Financial Services, Inc., 247 B..R. 828 (Bankr. N.D. Okla. 2000) (allowing limited privilege waiver), and Andersen Consulting LLP v. UOP, 991 F.Supp. 1041 (N.D. Ill. 1998) (dismissing action brought under Electronic Communications Privacy Act).
Mr. Stauffer represents clients in connection with a wide range of health care issues, particularly those related to fraud and abuse laws. He represents pharmaceutical companies, hospitals and other providers in the defense of government investigations, in the conduct of internal investigations, and in the defense of civil lawsuits. These representations have involved a variety of issues, including Medicare billing requirements, anti-kickback statutes, self-referral statutes, off-label marketing prohibitions and pharmaceutical pricing. Matters in which Mr. Stauffer’s efforts resulted in reported opinions include In re Lupron Marketing and Sales Practices Litigation, 245 F. Supp. 2d 280 (D. Mass. 2003) (personal jurisdiction challenges in multi-district litigation involving pharmaceutical pricing); Stetser v. TAP Pharmaceutical Products Inc., 591 S.E.2d 572 (N.C. App. 2004) (personal jurisdiction challenge in pharmaceutical pricing case); and D.A.B. v. Brown, 570 N.W.2d 168 (Minn. Ct. App. 1997) (affirming dismissal of class action alleging improprieties relating to educational grants).
Mr. Stauffer’s appellate experience covers a wide variety of civil and commercial litigation. He has successfully argued cases in the state and federal appellate courts dealing with issues of constitutional law, application of the federal criminal Sentencing Guidelines and interpretation of commercial contracts. Examples of cases in which Mr. Stauffer handled appeals include Stromberg Metal Works, Inc. v. Press Mechanical, Inc., 77 F.3d 928 (concerning enforcement of forum selection clause); Janotta v. Subway, 225 F.3d 815 (2000) (appeal of fee award), and U.S. v. Tai, 41 F.3d 1170 (1994) (appeal of application of Sentencing Guidelines).
Mr. Stauffer is also active in pro bono matters. For example, on two occasions he has secured not guilty verdicts in jury trials for individuals who had spent years in prison following wrongful convictions. See People v. Vera, 660 N.E.2d 9 (1st Dist. 1995) (vacating original conviction), and People v. Johnson, 329 Ill. App. 3d 1230 (1st. Dist. 2002) (table) (vacating original conviction). Mr. Stauffer also successfully represented a youth who claimed he was coerced into confessing to the murder of an elderly woman in 1993, when he was 10 years old. The federal appellate court ruled that the police had violated the youth’s constitutional rights. See A.M. v. Butler, 360 F.3d 787 (2004). For the work by Mr. Stauffer and others on the case, Northwestern University School of Law’s Children and Family Justice Center gave Jenner & Block its 2005 Appellate Award.
Mr. Stauffer is a member of the American Bar Association, the Chicago Bar Association, the Illinois State Bar Association, and the American Health Lawyers Association. He has authored numerous articles and other publications relating to topics such as internal investigations and testimonial privileges.
Mr. Stauffer graduated summa cum laude from the University of Missouri in Columbia in 1983. He graduated magna cum laude from Harvard Law School in 1986, where he served as an executive editor of the Harvard Civil Rights/Civil Liberties Law Review. He joined the Firm in 1986. From 1988 to 1990, while on a leave of absence, he served as a law clerk for the Honorable Ilana Diamond Rovner, United States District Court for the Northern District of Illinois. Mr. Stauffer has also taught legal writing part-time at the School of Law of Loyola University of Chicago. Mr. Stauffer is a member of the bar of the United States Supreme Court, the United States Courts of Appeals for the First and Seventh Circuits, the United States Court of International Trade, the United States District Court for the Northern District of Illinois and the Supreme Court of Illinois.
Publications:
- “Seventh Circuit Expands the “Based Upon” Exception to Jurisdiction in False Claims Act Lawsuits,” Financial Fraud Law Report, December 2009
- "New Federal Rule of Evidence 502: A Toll for Minimizing the Cost of Discovery," Bloomberg Litigation Reporter, January 26, 2009
- "Conducting Employee Interviews After Stein and the McNulty Memorandum" White Collar Crime Report, Vol. 2, No.3, March 2, 2007
- Co-Author: "Investigation and Disclosure of Violations," Compliance Program and Corporate Sentencing Guidelines, Thompson/West, 2006.
- Testimonial Privileges, Thomson West, 3d ed. 2005 (please click here to view a description and excerpt of Testimonial Privileges)
- "When to Conduct an Internal Fraud Investigation...and How," White Collar Crime Fighter, Vol. 7, No. 6, June 2005
- "Enforcement Actions in the Post-Enron World: Zero Tolerance in the White-Collar Arena," The Review of Securities & Commodities Regulation, Vol. 37, No. 13, July 2004
- "A Practical Guide to Preparing For and Responding to a Crisis," The Lawyer's Brief, Vol. 33, No. 7, pages 2-23, April 15, 2003 (co-author).
- Insurance Coverage Disputes, by J. Mathias, et al. (Law Journal Seminars-Press), 1996 (contributing author)
- "After the Whistle is Blown: Is the Best Defense a Strong Offense?" Legal Backgrounder, Vol. 10, No. 38 (Washington Legal Foundation), Oct. 27, 1995 (co-author).
- Co-Author: "Internal Corporate Investigations," Lawyering Laws, (Business Laws), 1994.
- "Preventing, Investigating and Addressing Criminal Conduct in the Corporate Context," unpublished manuscript, 1991, 1993, 1994, 1998 (co-author)
- "Cooperation with Authorities; Acceptance of Responsibility; Obstruction of Justice; Interests of the Corporation and its Employees; Vagaries of Prosecutorial Discretion," Chapter 5 of BNA/ACCA Compliance Manual: Prevention of Corporate Liability, 1993 (co-author).
- "Establishing an Effective Compliance Program: Threshold Considerations" and "Investigation and Disclosure of Violations," Compliance Programs and Corporate Sentencing Guidelines (Clark Boardman Callaghan), 1993 (co-author).
- "Criminal Liability of Corporations and their Agents," 25 Review of Securities & Commodities Regulation, Vol. 25, p. 217, Nov. 18, 1992 (co-author).
- "Internal Corporate Investigations: The Law, Practice and Strategies of Corporate Self-Policing," The Lawyer's Brief, Vol. 22, No. 8, April 30, 1992 (co-author).
- "Tenant Blacklisting: Tenant Screening Services and the Right to Privacy," Harvard Journal on Legislation, Vol. 24, p. 239, Winter, 1987.
Available Publications:
- "Seventh Circuit "Based Upon" Exception to Jurisdiction in False Claims Act Lawsuits, " Financial Fraud Law Report, December 2009
Please click here to view the article. - Client Advisory: Seventh Circuit Expands the "Based Upon" Exception to Jurisdiction in False Claims Act Lawsuits, July 17, 2009
Please click here to view the client advisory. - "New Federal Rule of Evidence 502: A Tool for Minimizing the Cost of Discovery," Bloomberg Law Reports, January 26, 2009
Please click here to review the article. - Testimonial Privileges, Thomson West, 3d ed., 2005-2009
Please click here to view an excerpt from “Testimonial Privileges.” - Client Advisory: Two Significant Developments Concerning White Collar Criminal Investigations: Second Circuit Affirms Dismissal of Indictment of Former KPMG Employees, and DOJ Revises Charging Guidelines, September 2, 2008
Please click here to view the Client Advisory - Client Advisory: Revised Ethics and Compliance Rule for Government Contractors Significantly Expands Reporting Requirements and Eliminates Exemptions, June 9, 2008
Please click here to view the Client Advisory. - Client Advisory: Congressional Scrutiny Likely to Result in Toughening of Proposed Rule on Government Contractor Ethics, May 2, 2008
Please click here to view the Client Advisory. - Client Advisory: OIG Issues Open Letter To Health Care Providers Updating The 1998 Protocol For Voluntarily Self-Disclosing Fraudulent Conduct, April 28, 2008
Please click here to view the Client Advisory. - Client Advisory: DOJ Issues Memorandum Governing Selection and Use of Monitors in Deferred Prosecution Agreements and Non-Prosecution Agreements, March 17, 2008
Please click here to view the Client Advisory. - Client Advisory: OIG Addresses The Scope of Exclusion Penalty Regarding Indirect Providers of Items and Services, January 11, 2008
Please click here to view the Client Advisory. - Client Advisory : New Compliance and Reporting Requirements for Government Contractors, December 10, 2007
Please click here to view the client advisory. - Client Advisory: District Court Dismisses Charges Against 13 Former KPMG Employees, 07/23/2007
Please click her to view the Client Advisory - Client Advisory: Second Circuit Rejects Ancillary Jurisdiction in Fee Indemnification Claim Against KPMG, June 5, 2007
Please click here to view the Client Advisory. - "Conducting Employee Interviews After Stein and the McNulty Memorandum" White Collar Crime Report, Vol. 2, No.3, March 2, 2007
Please click here to view the article. - Client Advisory: Medicaid Providers Become Obligated to Educate Employees About Fraud and Abuse and Whistleblower Protections, January 12, 2007
Please click here to view the advisory. - Client Advisory: DOJ Replaces Thompson Memorandum with McNulty Memorandum, December 15, 2006
Please click here to view the advisory. - Expecting the Unexpected: A Practical Guide to Preparing for and Responding to a Crisis, October 2005
Click here to view the table of contents. - U.S. Supreme Court Decides That Judicial Application Of The Federal Sentencing Guidelines Is “Advisory,” And On Appeal, Sentencing Decisions Will Be Reviewed For Unreasonableness, January 2005
Click here to view the advisory. - How To Conduct Internal Corporate Investigations After Sarbanes-Oxley, ALI-ABA Business Law Course Materials Journal, December 2004
Please click here to view the article. - Preventing, Investigating and Addressing Misconduct in the Corporate Environment, July 2004
Click here to view the table of contents. - “Enforcement Actions in the Post-Enron World: Zero Tolerance in the White-Collar Arena,” The Review of Securities & Commodities Regulation, Vol. 37, No. 13, July 2004
- Criminal Plea Highlights Need to Respond to Internal Complaints, March 2003
Click here to view the article. - Crisis Management: The Economy, Security and Coping with the Unexpected, Spring 2002
Table of Contents and Introduction Professional Activities: Educational- Loyola University Chicago School of Law
 | Part-time teacher |
Service To The Bar- American Bar Association
- American Health Lawyers Association
- Chicago Bar Association
 | Young Lawyers Section Past Chair, Exploring Committee |
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