• Robert R. Begland

    Partner
    rbegland@manatt.com
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    Los Angeles
    Direct: 310.312.4324
    General: 310.312.4000
    Fax: 310.312.4224

    Education

    University of Virginia School of Law, J.D., 2000.

     

    Harvard University, Master in Public Policy, 1991.

     

    University of Virginia, B.A. with High Distinction in Economics, Phi Beta Kappa, 1989.

    Bar Admissions
    California
    • Profile
    • Representative Matters
    • Honors & Awards
    • Publications
    • Memberships & Activities
    • Speaking Engagements

    Profile

    Rob Begland is a partner in the firm's Los Angeles office and litigates a wide variety of complex commercial disputes. His cases often involve issues unique to Los Angeles's economy, ranging from copyright infringement doctrines (serving as amicus counsel in MGM v. Grokster, 380 F.3d 1154 (9th Cir. 2004)), to how movie licenses are bundled, and to how trade secrets are protected. But the majority of Mr. Begland's practice focuses on commercial interests broadly relevant to the U.S. and global economy.

    He has a substantial expertise in the energy industry. Over the last several years, he has represented one of America's largest refiners in disputes relating to its crude oil supplies, its refinery operations, and its sales of both wholesale and retail motor fuel. He also currently represents an energy trading firm in several matters related to the biofuels market.

    Mr. Begland has recently litigated several disputes through to judgment, achieving success for his clients:

    • In 2012, he convinced an arbitrator that a client's Chief Operating Officer had breached fiduciary duties. Using computer forensics to recover deleted documents, Mr. Begland established that while interviewing with a competitor, the COO had divulged corporate strategy and identified key employees who should be hired away, violating his duty of loyalty.
    • In 2012, he persuaded an arbitrator that his client did not breach any fiduciary duty, when it paid a multi-million dollar "promote" fee to sweat equity partners in a land development deal. One capital partner accused another of self-dealing and disloyalty, based on the decision to pay the fee. But the arbitrator ruled for Mr. Begland's clients and determined they were the "prevailing parties," allowing recovery of their attorneys fees.
    • In 2009, and relying heavily on expert testimony, Mr. Begland established during arbitration that his client had not breached its executive compensation contract with its former CEO. The former CEO claimed he was owed millions of dollars, based on the enterprise value of the business. The former CEO charged the company had tainted an investment bank's valuation, by revealing some of its own valuations. And he also argued that the valuation premise and methods used by the investment bank were incorrect. Mr. Begland persuaded the arbitrator that the business was properly valued and that the former CEO was owed nothing.

    Before practicing law, Mr. Begland worked in national defense, first serving as an officer in the U.S. Army Special Operations Command and then working as a civilian adviser in the Office of the Secretary of Defense.

    Representative Matters

    Complex Commercial Disputes

    • Represented Fortune 150 corporation in a commercial dispute regarding an obligation to renegotiate the price of goods delivered under a long-term contract.  Defeated summary judgment motion that no such obligation existed and then settled the dispute on favorable terms.
    • Represented Fortune 150 corporation in landlord-tenant dispute related to whether tenant could be forced to incur massive costs associated with seismically retrofitting hospitals to comply with California's evolving earthquake laws.  Soon after submitting summary adjudication motion that there was no such obligation on tenant, settled dispute on favorable terms.
    • Represented large, privately-held U.S. manufacturer in several disputes over goods and services contracts used to support its domestic and foreign manufacturing operations.

    Corporate Governance 

    • Defended corporation in six-week trial, against a former officer's claim that he was denied appropriate equity compensation.  Settled case on favorable terms, after persuading court that the portions of the contract dealing with compensation should be reformed.
    • Defended corporation against a former CEO's claims that he was wrongfully denied equity compensation based on the value of company.  Persuaded arbitrator that the executive was owed no compensation.
    • Defended corporation against minority shareholder's claims for breach of fiduciary duty and corporate dissolution.  Dispute settled on favorable terms, after persuading court that plaintiff was not entitled to dissolution.

    Government Litigation  

    • Defended clients in government contracts litigation, including terminations for default, debarments, and alleged violations of  the False Claims Act.  Litigation experience includes parallel proceedings before civil, criminal, and administrative authorities.
    • Member of the Manatt legal team that served as counsel to Select Committee of Inquiry of the Connecticut House of Representatives, a committee formed to investigate and determine whether to recommend the impeachment of the state's governor to the legislature.

    Intellectual Property 

    • Co-authored amicus brief on behalf of thirty organizations, arguing that copyright's contributory and vicarious infringement doctrines apply to peer-to-peer file sharing services.  MGM v. Grokster, 380 F.3d 1154 (9th Cir. 2004), vacated, 125 S. Ct. 2764 (2005).  Co-authored with colleague Ian Ballon journal article addressing Ninth Circuit's decision. See "Ninth Circuit Grokster Case Challenges the Applicability of Traditional Copyright Principles to Digital Media and the Internet," Intellectual Property Today, February 2004.
    • Defended U.S. film distributor against film owner's claims that the distributor's packaging of several films -- and particularly the allocation of license fees within the package based on the distributor's discretion -- was unlawful.  After persuading court that the plaintiffs' theory was not actionable, settled remaining claims on favorable terms.
    • Obtained summary judgment in trademark dispute.  Echo Drain v. J. Newsted, 307 F.Supp.2d 116 (C.D. Cal. 2003).

    Commercial Insurance 

    • Represented policy holder in large commercial insurance dispute.  Defeated insurer's claim of fraud in the application, by obtaining partial summary judgment rulings that (a) application given to previous insurer may not be relied upon by subsequent insurer and (b) insured has no duty to disclose information to insurer after issuance of a policy, even if issued as an inland marine policy.
    • Defended life insurance company in novel litigation that sought to hold insurer liable for conduct of agent involved in complex premium finance scheme.  Obtained dismissal of case with aggressive demurrer practice.
    • Defended one of nation's largest reinsurers in claims brought by policyholder under cut-through theory.

    Class Action 

    • Currently representing Fortune 150 corporation in nationwide consumer class action lawsuit, consolidated under federal Multidistrict Litigation, where the company is accused of fraud and concealment in its sales practices.
    • Represented Fortune 500 corporation in nationwide consumer class action lawsuit, where company was accused of inserting unlawful liquidated damages provision in consumer contract.

    Pro Bono 

    • Currently representing family of Iraqi refugees seeking resettlement to the United States based on the father's work with the Iraqi War Crimes Tribunal.  

    Honors & Awards

    Publications

    Memberships & Activities

    Admitted to practice in California.

    Admitted to practice before the United States District Courts for the Central, Southern and Northern Districts of California, and the United States Court of Appeals for the Ninth Circuit.

    Speaking Engagements