Robert B. Calihan
Partner
Practice Group Leader

Practice Areas

Experience

Mr. Calihan represents clients in commercial, ERISA, labor and employment law, and intellectual property disputes. He is the co-leader of his firm’s 190-attorney Business Litigation Practice Group. He has written and spoken extensively on various legal issues, and was the founding chair of the New York State Bar Association Committee on Franchise and Distribution Law.

Representative ERISA and Labor/Employment Litigation

• Represented Fortune 100 company against ERISA claims arising out of disputed transfer of plan assets in connection with merger and acquisition activity.
• Represented Fortune 100 company in assertion of ERISA claims against a mutual fund in connection with imposition of fees on retirement plan trading activity.
• Represented steel manufacturer in defense of DOL ERISA claims challenging diversification of plan assets.
• Represented investment advisor in defense of DOL claims challenging prudence of investment decisions.
• Represented a variety of clients in administrative agency and federal court proceedings, including class actions, in employment law disputes involving various claims of discrimination arising under state and federal statutes.

Representative Franchise and Distribution Litigation

• Advised franchisor of a 5,000 plus unit system on restructuring its standard franchise agreement.
• Advised major European food industry franchisor regarding compliance with U.S. Franchise laws.
• Represented franchisor of a 600 plus unit quick service food system in a series of state and federal court actions and arbitrations involving allegations of fraudulent franchise practices.
• Represented franchisors in actions seeking removal of franchisees from hotel systems for various violations of franchise agreements.
• Advised franchisor regarding the restructuring of its distribution network for luxury household items.
• Served as an expert witness for real estate brokerage franchisor in a dispute with franchisees.
• Advised Fortune 100 companies on potential franchise issues involving their distribution networks.

Miscellaneous Commercial Litigation Experience

• Represented various corporations and educational institutions in connection with patent infringement claims involving biomedical technologies.
• Defended a $500 million breach of contract claim involving outsourcing of a Fortune 100 company’s IT functions.
• Represented European banks in defense of misappropriation of intellectual property claims.
• Represented European cognac producer against civil antitrust claims.

Publications

Mr. Calihan is the author or coauthor of numerous articles, including:

“The Role of Risk Analysis in Dispute and Litigation Management,” ABA, 2004.

“Sale of Goods,” Commercial Litigation in New York State Courts, 2d ed.

“Franchising,” Commercial Litigation in New York State Courts, 2d ed.

“The Death of Formalism in the Interpretation of Contracts: When and How the Law Implies ‘Fairness’ as Part of Contract Law,” Continuing Legal Education Program, May 2001

“Franchise Law Update: A Review of Recent Significant Developments in Franchise Law,” North American Securities Administrators Association Inc. Examiner Training Program, 1998

“The Implied Covenant of Good Faith and Fair Dealing in Franchising,” New York State Bar Association Franchise Symposium, 1997

Admissions

Mr. Calihan is admitted to practice in New York.

Education

Cardozo School of Law, J.D. (Editor-in-Chief, Cardozo Law Review)
Harvard College, B.A.

Affiliations

Mr. Calihan has been cited in The Best Lawyers in America as a leading franchise attorney and has been invited to instruct at the National Institute of Trial Advocacy.