Robert Dunn is the Managing Partner of Eimer Stahl’s Silicon Valley office. He focuses his practice on appellate and complex litigation in a variety of areas, with a focus on class actions, constitutional law, administrative law, environmental law, and consumer privacy. He has represented clients in a variety of industries in high-stakes commercial disputes before the Supreme Court of the United States, federal and state appellate courts, and various federal district courts. He has also helped coordinate large joint defense groups in several complex litigations spanning numerous jurisdictions. He has assisted clients confronted with tens of thousands of arbitrations—known as mass arbitrations—and advised companies on their arbitration agreements. He is a go-to brief writer for the Chamber of Commerce of the United States, drafting more than 20 amicus briefs for the Chamber over the past few years, and serves on the Chamber’s Advisory Committee for Energy & Environmental Litigation.
Before joining Eimer Stahl, Rob was a senior litigation associate at one of the nation’s top law firms. 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, winning a landmark victory in the Supreme Court expanding First Amendment rights for religious adherents.
Experience
Case Experience
- National Climate-Change Litigation (1st, 3rd, 4th, 9th Cir. as well as state and federal courts) – Defending CITGO Petroleum Corporation in cases filed across the United States alleging that fossil fuel companies are responsible for various injuries caused by climate change. Obtained dismissal of complaints asserted by the State of Delaware, the City of Baltimore, and six cities and counties in California.
- Humana v. Biogen (1st Cir.) – Representing Humana on appeal in case involving question of first impression: whether the indirect-purchaser rule bars RICO claims asserted by health insurers against drug manufacturers accused of violating the anti-kickback statute and False Claims Act.
- Barton v. Walmart (9th Cir.) – Representing Walmart on appeal in case asserting violations of the Telephone Consumer Protection Act.
- Mass arbitrations (JAMS, AAA) – Defending numerous companies in mass arbitrations asserted by plaintiffs’ firms attempting to use fee pressure as leverage to obtain quick settlements. Rob has helped companies push back against these extortive tactics, helped his clients mediate numerous cases on favorable terms, and assisted clients in updating their terms of service to avoid future mass arbitrations.
- Mason Classical Academy v. Hillsdale College (M.D. Fla.) – Defended Hillsdale and its President against RICO, defamation, and assorted conspiracy claims. Obtained complete dismissal of all claims against Hillsdale and all other defendants.
- Kuciemba v. Victory Woodworks (Cal. Sup. Ct.) – Represented the U.S. Chamber of Commerce as amicus curiae and given oral argument time. The Court adopted the Chamber’s argument and ruled that companies do not owe a duty to protect employees’ family members from so-called “take home” COVID infections.
- Tandon v. Newsom (U.S. Supreme Court; Ninth Circuit; Northern District of California) – Obtained groundbreaking injunction from the Supreme Court upholding individuals’ First Amendment right to free exercise of religion and requiring California to allow religious gatherings to the same extent as secular, commercial gatherings.
- COVID-19-Related Business Interruption Litigation (Illinois state and federal courts) – Secured dismissal of more than two dozen class action and individual lawsuits filed against CNA and its affiliates alleging that insurers breached their insurance policies by failing to pay for lost business income incurred due to COVID-19 induced closure orders. Successfully defended all dismissal on appeal to the Seventh Circuit and Illinois appellate court.
- Massel v. Coinbase (N.D. Cal.) – Successfully compelled arbitration of claim asserted by plaintiff seeking to litigate a class action based on alleged violations of the Illinois Biometric Privacy Act.
- 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) – Successfully represented technology company on appeal in breach of contract dispute arising from an acquisition of a foreign subsidiary.
- Palantir USG, Inc. v. United States (Fed. Cir.) – Successfully represented 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.) – Represented 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 an antitrust action brought by the United States involving an alleged conspiracy with book publishers.
Recognitions
Honors & Recognitions
Best Lawyers: Ones to Watch in America, 2023-2025
Lawdragon 500 Leading Litigators in America, 2025