Robert S. Libman
Mr. Libman joined Miner, Barnhill & Galland in 2004 after more than a dozen years in the Civil Rights Division of the U.S. Department of Justice in Washington, D.C. and is a shareholder specializing in complex civil litigation in both state and federal court, primarily representing plaintiffs. His practice consists of representing clients in a wide variety of litigation matters, including cases brought under 42 U.S.C. §1983, Title VII of the Civil Rights Act of 1964, federal and state false claims statutes, consumer protection statutes, and federal and state wage and hour laws. He also represents individuals in employment contract negotiations.
The following is a summary of the areas in which he has concentrated:
Civil rights and employment law
From 1991 until 2004, Mr. Libman held a variety of positions in the Employment Litigation Section of the Civil Rights Division of the United States Department of Justice, where he litigated a wide variety of cases under Title VII of the Civil Rights Act of 1964, including claims of employment discrimination on the basis of sex, race, national origin and religion under both disparate treatment and disparate impact theories, as well as retaliation. Mr. Libman successfully tried a sex discrimination failure to promote case in United States v. Hancock Count Board of Education, 1993 WL 436490 (N.D.W.Va. 1993), litigated and obtained a consent decree in the Civil Rights Division's first lawsuit alleging a pattern or practice of sexual harassment by a public employer in United States v. McHenry County, (Illinois), litigated and obtained a consent decree resolving claims of systemic racial and sexual harassment in United States v. New Jersey Department of Corrections, and successfully argued the appeal in United States v. Southeastern Pennsylvania Transportation Authority, 181 F.3d 478 (3d Cir. 1999), a case of first impression interpreting the "consistent with business necessity" standard under the disparate impact provisions of the Civil Rights Act of 1991. Mr. Libman trained trial attorneys in the Civil Rights Division and the U.S. Equal Employment Opportunity Commission on trial advocacy and case management and spoke frequently on behalf of the Department of Justice at national conferences of employer, employee, and stakeholder organizations regarding Title VII. In 2002, he was selected by the Civil Rights Division to be its sole representative to the Department of Justice's newly formed Employment Discrimination Task Force. Mr. Libman received numerous awards and commendations from the Department of Justice for his work as a trial attorney, senior trial attorney, and Special Litigation Counsel in the Employment Litigation Section. Mr. Libman continues to represent clients before the Equal Employment Opportunity Commission and in court in Title VII cases.
Mr. Libman has represented plaintiffs in First Amendment litigation under 42 U.S.C. §1983, including representation of a group of Latino and African-American residents alleging that a city and its police department interfered with their rights to protest what they believed to be racial profiling and discriminatory enforcement of various city ordinances.
Mr. Libman has represented and counseled individuals in contract negotiations in various sectors of the work force, including the financial industry and members of the clergy.
Together with Charles Barnhill, Mr. Libman leads Miner, Barnhill & Galland's representation of the Attorneys General of eight states in their "Average Wholesale Price" (AWP) litigation against pharmaceutical manufacturers and other entities in the prescription drug market under various state false claim, Medicaid fraud, and consumer protection statutes. In this capacity, he has been responsible for overseeing and handling all aspects of the litigation, including factual investigation, discovery, experts, motion practice, trial, appeal, and settlement negotiations. He has served as lead trial counsel in taking jury cases to verdict and has successfully negotiated settlements that have recovered hundreds of millions of dollars for the firm's clients.
Mr. Libman also has experience in handling cases involving illegal "off-label marketing" by pharmaceutical manufacturers.
J.D., Stanford Law School, 1988. Honors: Order of the Coif
B.A., Stanford University, 1985. Honors: With Distinction; Phi Beta Kappa
Shareholder, Miner, Barnhill & Galland, 2005-present
Of counsel, Miner, Barnhill & Galland, P.C., 2004-2005
U. S. Department of Justice, Civil Rights Division, 1991-2004
Law clerk, Hon. Joyce Hens Green, United States District Court for the District of Columbia, 1988-1990
Illinois Supreme Court, 2004
District of Columbia, 1991
U.S. District Court for the Northern District of Illinois (Trial Bar), 2004
U.S. Supreme Court, 1994
Pro hac vice admissions in state and/or federal trial and/or appellate courts in Alaska, Hawaii, Idaho, Indiana, Kentucky, South Carolina, and Wisconsin