Our Team

Robert B. Bader

Partner

Email: rbader@srclaw.com
Office: 1-415-504-3148
Mobile: 1-510-684-7384

Education:
J.D., University of California Hastings College of the Law 2004
Managing Editor, Hastings Constitutional Law Quarterly
B.A., Virginia Tech 1993

Admissions:
California

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Biography

Robert B. Bader is a partner at Sacks, Ricketts & Case LLP. He focuses his practice on general commercial and class action litigation in federal and state courts. In his over 12 years of practice, Rob has served as counsel in complex litigation matters involving mortgage loans, food product labeling, fraud, breach of contract, unfair competition, state franchise laws, California’s Proposition 65, the Truth in Lending Act, the Real Estate Settlement Procedures Act, the Telephone Consumer Protection Act, the Comprehensive Environmental Response, Compensation, and Liability Act, and the Americans with Disabilities Act.

Rob’s litigation experience includes participation in trial teams in complex commercial and tort litigation matters. He has substantial motion practice experience, has participated in several bench trials and arbitrations, and has defended clients in several appeals at the state and federal levels.

Rob counsels clients on website accessibility issues, providing analysis on litigation exposure, as well as remediation to limit ongoing risk and exposure.

Rob also counsels on California’s Proposition 65, including providing compliance advice and litigation defense. He was part of the team that successfully defended major canned tuna companies in a bench trial and on appeal in a Proposition 65 case concerning mercury in canned tuna.

Prior to joining Sacks, Ricketts & Case LLP, Rob was an associate and counsel for two international law firms for nearly 11 years.

Rob was named a Northern California Rising Star by Super Lawyers from 2009-2014, a designation given to the top 2.5% of lawyers in Northern California who are either forty years old or younger or have practiced law for ten years or less.

Representative Matters
  • Successfully represented major canned tuna manufacturers at trial in action brought by the California Attorney General seeking Proposition 65 warnings for methylmercury in canned tuna.
  • Successfully represented major food manufacturer at trial in challenge to its franchise system.
  • Successfully represented former CEO and winemaker of a well-known winery in a dispute over the value of their ownership in the winery.
  • Successfully persuaded trial judge to grant judgment notwithstanding the verdict after multi-million dollar tort judgment against mortgage lender.
  • Successfully defeated motion for class certification in case brought against national mortgage lender alleging violations of state laws in the origination of mortgage loans.
  • Successful defense of national mortgage lender in case alleging violations of federal and state laws in the refinance of mortgage loans.
  • Representation of private equity firm in due diligence and purchase of interest in multiple nationwide franchisors.
  • Representation of food companies in consumer class actions challenging food labels as being misleading.
  • Representation of food and consumer products companies in challenges under California’s Proposition 65 labeling statute.
  • Representation of a large national banking association in a number of nationwide and state class actions alleging consumer fraud and violations of consumer protection laws arising out of loan origination practices.
Recent Reported Decisions
  • Williams v. Joseph Phelps Vineyards LLC, 2011 WL 1492576 (Cal. Ct. App. 2011). Represented plaintiffs.  Court of Appeal affirmed trial court’s confirmation of $26 million arbitration award in plaintiffs’ favor.
  • Peralta v. Countrywide Home Loans, Inc., 375 Fed. Appx. 784 (9th Cir. 2010). Represented defendant.  Ninth Circuit held that plaintiff’s appeal of order denying motion to remand to California state court after removal of action to federal court was not reviewable.
  • Martinez v. Wells Fargo Home Mortg., Inc., 598 F.3d 549 (9th Cir. 2010). Represented defendant.  Ninth Circuit affirmed trial court order granting motion to dismiss in defendant bank’s favor in case alleging violations of the Real Estate Settlement Procedures Act and California’s Unfair Competition Law in connection with excessive fees allegedly charged by bank when they refinanced their home mortgage.
  • People v. Tri-Union Seafoods LLC, 171 Cal. App. 4th 1549 (Cal. Ct. App. 2009). Represented defendants.  Court of Appeal affirmed trial court’s judgment in defendants’ favor after bench trial in case alleging violations of California’s Proposition 65.
Publications
  • Author, “Arguments May Hint at More Product Label Challenges,” Daily Journal (Apr. 24, 2014)
  • Co-author, “Corporate Governance Feature: Using Dabit, the Supreme Court Plugs a Gap in Federal Securities Laws to Preempt ‘Holder’ State Law Class Action Claims, ” The M & A Lawyer (June 2006)
Presentations, Conferences, and Seminars
  • Co-presenter, “What’s Cooking in the Food Court,” Webinar, Food Law Committee of the Litigation Section of the State Bar of California (Feb. 12, 2015)
  • Co-presenter, “Don’t Make These Mistakes In Your False Advertising Case: Lesson From Prior Litigation,” Webinar, Food Law Committee of the Litigation Section of the State Bar of California (Jan. 8, 2015)
  • Co-presenter, “Settling Out of Court: Who Benefits?,” Prop. 65 Clearinghouse Conference (Apr. 2013)
  • Co-presenter, “Getting Around Prop. 65 Limitations: How to Use the Legislature, Agencies and Other Statutes,” Prop. 65 Clearinghouse Conference (Apr. 2008)
Courts and Forums
  • United States Court of Appeals for the Ninth Circuit
  • United States District Court for the Northern District of California
  • United States District Court for the Eastern District of California
  • United States District Court for the Central District of California
  • United States District Court for the Southern District of California
  • State of California
Memberships
  • American Bar Association
  • State Bar of California
    • Vice-Chair, Food Law Committee of the Litigation Section of the State Bar of California (2014-2015)
Civic and Charitable
  • Coach, El Cerrito Youth Baseball League, 2015
Professional Recognition and Awards
  • Northern California Rising Star, Super Lawyers (2009-2014)