Robert Dunn is a Partner at Eimer Stahl and is based out of the firm’s San Jose office. He focuses his practice on appellate and complex litigation in a variety of areas, including constitutional law, administrative law, antitrust, environmental torts, shareholder derivative cases, products liability and class actions.

Before joining Eimer Stahl, Rob was a senior litigation associate at one of the nation’s top law firms where he represented clients in a variety of industries in high-stakes commercial disputes before the Supreme Court of the United States, various state and appellate courts, and various federal district courts. He has helped coordinate large joint defense groups in several complex multi-district litigations.

Before beginning his legal practice, Rob served as a law clerk on the U.S. Supreme Court for the Honorable Clarence Thomas, and on the U.S. Court of Appeals for the Ninth Circuit for the Honorable Diarmuid F. O’Scannlain.

Rob also maintains a thriving pro bono practice focused largely on defending religious liberty. He has represented both individuals and various religious institutions in state and federal courts across the country. Rob has also defended several individuals in removal proceedings before the Board of Immigration Appeals and the Ninth Circuit. 


Case Experience

  • National Climate-Change Litigation (1st, 4th, 9th Cir.) – Defending CITGO Petroleum Corporation in cases filed across the United States alleging that a number of fossil fuel companies are responsible for various injuries caused by climate change.
  • American Chemistry Council v. Office of Environmental Health Hazard Assessment, (California Court of Appeal) – Challenge decision by California’s Office of Environmental Health Hazard Assessment to list certain chemical on the Proposition 65 list.
  • Mozilla Corp. v. FCC and United States (D.C. Cir.) – Represented internet provider to defend validity of the FCC’s Restoring Internet Freedom Order from a challenge brought by various states, trade associations, and public interest groups.
  • Riverbed Tech., Inc. v. Scottish Equity Partners (Cal. Court of Appeal; Cal Superior Court) – Represented technology company in breach of contract dispute arising from an acquisition of a foreign subsidiary.
  • Carpenter v. Murphy (U.S. S. Ct.) – Drafted amicus brief in support of Oklahoma Independent Petroleum Association seeking reversal of Tenth Circuit’s decision in case involving question of federal jurisdiction over territory alleged to be part of an Indian reservation.
  • Palantir USG, Inc. v. United States (Fed. Cir.) – Representeded technology company on appeal in a contracting dispute arising out of the U.S. Army’s attempted acquisition of cutting-edge data management platform.
  • In re Wal-Mart Stores, Inc. Shareholder Deriv. Litig. (8th Cir.; W.D. Ark.) – Represent retailer in derivative action based on alleged malfeasance at the retailer’s Mexican subsidiary.
  • United States v. Apple, Inc. (2d Cir.) – Defended technology company in antitrust action brought by the United States involving an alleged conspiracy with book publishers.
  • Clements v. Southwestern Bell Tel. Co. d/b/a AT&T Oklahoma (Ok. S. Ct.) – Represent telephone provider against claim that the company owed $14 billion in refunds for alleged overcharges dating back to the 1980’s.


Speaking Engagements

  • Big Tech & Beyond: Antitrust in the Biden Era

J.D., University of Chicago School of Law, 2010, high honors 

  • Order of the Coif; Kirkland & Ellis Scholar; Comments Editor, University of Chicago Law Review; Vice President, The Federalist Society; President, Christian Legal Society

B.A., Claremont McKenna College, 2000, summa cum laude

  • Phi Beta Kappa; Omicron Delta Epsilon

  • Law Clerk to the Honorable Clarence Thomas, Supreme Court of the United States
  • Law Clerk to the Honorable Diarmuid F. O’Scannlain, United States Court of Appeals for the Ninth Circuit

  • California
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Sixth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the District of Columbia Circuit
  • United States District Court for the Northern District of California
  • United States District Court for the Central District of California
  • United States District Court for the Eastern District of California
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