Rob Katerberg represents clients in the complex litigation matters that have the highest stakes and most cutting-edge issues. Practicing in federal and state courts across the country, he focuses particularly on class actions, antitrust, and constitutional issues. Mr. Katerberg thrives on navigating complicated legal and factual thickets and developing innovative legal arguments and big picture strategies to achieve favorable resolutions for clients. He draws on years of experience as a trial attorney in the US Department of Justice's Civil Division, where he served as lead counsel for federal agencies in landmark constitutional and statutory cases, to assist businesses with civil litigation against or involving the federal government. Mr. Katerberg served as a law clerk to The Honorable R. Lanier Anderson III on the United States Court of Appeals for the Eleventh Circuit between law school and entering practice.
Experience
- Samsung Electronics America, as lead counsel in successful defense of array of consumer class actions relating to smartphones in six federal district courts, two courts of appeals, and the Judicial Panel on Multidistrict Litigation. In over a dozen cases, no classes were certified.
- Federal Housing Finance Agency, as lead counsel defending against claims challenging constitutionality of agency's structure in multiple jurisdictions, including oral argument to the en banc Fifth Circuit.
- BP and Atlantic Richfield Co. in US Supreme Court appeal involving federal preemption of claims by property-owners in or around Superfund site.
- Nucor Corporation in a series of antitrust class actions against major US steel producers alleging industry-wide conspiracy to cut production.
- Nucor Corporation in antitrust "group boycott" lawsuit, including six-week jury trial and later appeal resulting in total exoneration of client.
- DC tenants' association, as lead counsel in trailblazing pro bono litigation to vindicate tenants' rights under DC Tenants Opportunity to Purchase Act by challenging sham transactions by developers.
- Endo Pharmaceuticals Inc. and Auxilium Pharmaceuticals, Inc., as lead appellate counsel in Seventh Circuit appeals arising out of products liability litigation regarding testosterone replacement therapy products.
- BP, as lead counsel in numerous Fifth Circuit appeals relating to claims by a wide spectrum of Gulf Coast businesses for economic losses in connection with the Deepwater Horizon oil spill and settlement.
- Samsung Electronics America, as lead counsel in Ninth Circuit and Third Circuit appeals regarding enforceability of arbitration agreements for consumer products.
- Cable company, as lead antitrust counsel in development and assertion of Sherman Act counterclaims in patent infringement case relating to voice-over-internet protocol technology.
- Software company in successful defense of consumer class action relating to alleged software bug.
- Federal Housing Finance Agency in defense of trial court litigation and D.C. Circuit appeal by Fannie Mae/Freddie Mac shareholder challenging the agency's actions as conservator of those entities.
- Pharmaceutical company in First Amendment challenge to overbroad restrictions on marketing activities.
- Nucor-Yamato Steel Company, as lead counsel defending antitrust lawsuit by disgruntled former distributor alleging price discrimination, contract, and business tort claims.
- SAIC and Leidos in series of privacy class actions over third-party theft of data tapes.
- Honeywell in toxic tort class action relating to historical contamination issues.
- Defense contractor in noncompete/trade secrets litigation against former employees.
- ACLU in U.S. Supreme Court amicus brief in First Amendment case challenging state-law restrictions on expression at polling places.
- American Samoans in pro bono litigation and DC Circuit appeal challenging constitutionality of US Government policy denying them birthright US citizenship.
Perspectives
July 10, 2023
FTC Dismisses Complaint Against Altria and JLI and Sets Forth Views on Several Legal Issues
Advisory
Recognition
The Legal 500 US
General Commercial Disputes (2019-2021)
Antitrust: Civil Litigation/Class Actions (2018)
Antitrust: Civil Litigation/Class Actions (2018)
Credentials
Education
- J.D., University of North Carolina at Chapel Hill School of Law, 1998
- B.A., University of North Carolina at Chapel Hill, 1994
Admissions
- District of Columbia
- Supreme Court of the United States
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court, District of Columbia
Clerkships
- U.S. Court of Appeals for the Eleventh Circuit, The Honorable Lanier R. Anderson, III