Robert Fairbank
USC Gould School of Law

Robert H. Fairbank established Fairbank ADR in 2014 as an Alternative Dispute Resolution entity that specializes in the mediation of high stakes, complex civil matters. Fairbank ADR is the successor to Fairbank & Vincent, which Fairbank co-founded in 1996 after beginning his career as an associate and partner of Gibson, Dunn & Crutcher (1977-96)

From 2002-09, Fairbank served as an independent consultant for the Regents of the University of California in the Enron, WorldCom, AOL Time Warner, and Dynegy federal securities cases. He has also acted as counsel for Boards or independent committees of Boards of Mattel, Semtech, and Techniclone in the investigation or defense of threatened or filed derivative actions. His individual Director and Officer representations have included the Chief Financial Officers of IndyMac Bank, PFF Bank, Homestore.com, and Tenet Healthcare Corporation; Board members of La Jolla Bank, Vineyard Bank, and MetroPacific Bank; and officers of New Century Financial and Fidelity Federal Bank.

As an associate (1977-84) and then partner (1984-96) at Gibson Dunn & Crutcher, Fairbank had extensive experience in “bet-the-company” cases, including a successful antitrust jury trial for defendant National Gypsum, the successful defense of the first two nationwide conspiracy/medical malpractice trials involving National Medical Enterprises (now Tenet Healthcare Corporation), and a series of successful trials throughout the country in defense of Farmers Insurance Company in one of the first insurance industry hostile takeovers.

Fairbank has been an adjunct professor at Stanford Law and Business Schools (2007) and a lecturer in law at USC Gould School of Law since 2004, teaching a seminar titled “Corporate Fraud.” He is also the co-author of California Practice Guide – Civil Trials and Evidence (The Rutter Group), the leading treatise on California civil trial practice.

Fairbank has served as the co-chair of the Lawyer Representatives to the Ninth Circuit Judicial Conference (2001-02), and the past president of the Association of Business Trial Lawyers (1989-90). He was also a member of the Judicial Council’s Bench and Bar Committee on Local Rules and served as chair of the Civil Trials Subcommittee (1990-92).

Fairbank received his AB from Stanford University, his MLS from the University of California, Berkeley, and his JD from New York University, where he served on the law review. In 1995, he was recognized by the first “Law Who’s Who” in Los Angeles Business Journal, which features the 100 most prominent business attorneys in Los Angeles.
 

FACULTY IN THE NEWS

Harvard Law School Forum on Corporate Governance
September 25, 2023
Re: Jonathan Barnett

Jonathan Barnett wrote an op-ed piece, based on his forthcoming paper to be published in the University of Chicago Business Law Review, about antitrust regulations and the effects it has on merger review processes. "This inquiry raises serious concerns that legislators and regulators have embarked on a course of action that has an insufficient factual foundation in the digital markets on which competition policymakers have focused," Barnett wrote.

RECENT SCHOLARSHIP

Jonathan Barnett
August, 2023

"Killer Acquisitions Reexamined: Economic Hyperbole in the Age of Populist Antitrust," University of Chicago Business Law Review.

Robin Craig
August, 2023

Robin Craig's article, "The Regulatory Shifting Baseline Syndrome: Vaccines, Generational Amnesia, and the Shifting Perception of Risk in Public Law Regimes," 21 Yale Journal of Health Policy, Law, and Ethics 1-60 (July 2022), was featured in The Regulatory Review on August 31, 2023.

Edward McCaffery
August, 2023

"The Paradox of Taxing the Rich," Florida Tax Review (Forthcoming, Fall 2023).