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Hamilton, Robert W. Information

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Hamilton, Robert W.
P.O. Box 165017 Columbus, OH
Phone: 1.614.281.3848 (Business Phone)
Fax: 1.614.461.4198 (Business Fax)
Website: http://www.jonesday.com

SUMMARY

Current Employment Position(s)

Of Counsel

Lawyer Overview

Bob Hamilton has extensive experience in general commercial litigation in state, federal, and bankruptcy courts. Over the past two decades, Bob has litigated a wide variety of matters in some of the nation's largest and most complex chapter 11 reorganization cases, including Dana Corporation, FLYi, Tower Automotive, Breed Technologies, HQ Global, National Century Financial Enterprises, Kmart, World Kitchen, NextWave, Loewen, Federated Department Stores, Cardinal Industries, and Allegheny Health, Education and Research Foundation.

Bob also has extensive experience in First Amendment and media cases, including libel, privacy, public access, copyright, and trademark litigation. Media clients he has represented include CompuServe, AOL, ICANN, Gannett, Nextel, Multimedia Entertainment, Post-Newsweek Stations, Sally Jessy Raphael, Trinity Broadcasting, the Motion Picture Association of America, The Washington Post, The Columbus Dispatch, Ohio magazine, Cleveland magazine, WBNS-TV, the Marietta Times, the Chillicothe Gazette, the Celina Daily Standard, the National Enquirer, Playboy magazine, and Birdwatcher's Digest. Prior to joining Jones Day, he practiced at the firm of Williams & Connolly from 1984 to 1987.

Bob represented CompuServe in Cubby, Inc. v. CompuServe Inc., 776 F. Supp. 135 (S.D.N.Y. 1991), the first case that addressed the liability of an online service provider for unlawful third-party content on its service. He also represented CompuServe in CompuServe Inc. v. Cyber Promotions, 962 F. Supp. 1015 (S.D. Ohio 1997), the first case to establish an OSP's right under the common law of trespass to a court order enjoining a defendant from sending spam to the OSP's subscribers. Bob was featured as one of four leading e-commerce "Pioneers" by IP World in December 2000.

Bob is featured in the 2007 edition of Ohio Super Lawyers and has taught Internet law as an adjunct professor at both The Ohio State University College of Law and Capital University Law School. He is the author of the chapter on defamation in a leading Internet law treatise: K. Stuckey, Internet and Online Law (Law Journal Seminars-Press, 1996). Bob also authored "Liability for Third-Party Content on the Internet," 8 Seton Hall Constitutional Law Journal 733 (Summer 1998) and coauthored "Tangled Web: Personal Jurisdiction and the Internet," 24 Litigation 27 (Winter 1998). He is a member of the bar of the U.S. District Courts for the District of Columbia and the Southern District of Ohio and the U.S. Courts of Appeals for the District of Columbia, Second, and Sixth Circuits.

Areas of Practice

  • Business Restructuring & Reorganization
  • Chapter 11 Debtor Representations
  • Distressed Company Litigation
  • Official Unsecured Creditors' Committees
  • Other Significant Creditor Representations
  • Trial Practice
  • Bankruptcy & Insolvency Litigation

Representative Cases

  • Amedisys, Inc. v. National Century Financial Enterprises Inc., Case No. 04-3365 (6th Cir.), Amedisys, Inc. v. J.P. Morgan Chase Manhattan Bank, Case No. 04-626 (S.D. Ohio)
  • Cardinal Indus., Inc. v. Buckeye Fed. Sav. & Loan Ass'n (In re Cardinal Indus., Inc.), 105 B.R. 834 (Bankr. S.D. Ohio)
  • Creditors Committee of Allegheny Health, Education and Research Foundation v. Sherif S. Abdelhak, et al. (W.D. Pa.); Creditors Committee of Allegheny Health, Education and Research Foundation v. PricewaterhouseCoopers, LLP (W.D. Pa.)
  • In re Federal Communications Commission, 217 F.3d 125 (2d Cir. 2000); In re NextWave Personal Communications, Inc., 200 F.3d 43 (2d Cir. 1999)
  • In re Federated Department Stores, Inc., 135 B.R. 950 (Bankr. S.D. Ohio 1992), aff’d, 171 B.R. 603 (S.D. Ohio 1994); In re Federated Department Stores, Inc., 135 B.R. 962, aff’d, 170 B.R. 331 (S.D. Ohio 1994)
  • In re National Century Financial Enterprises, Inc., Case No. 02-65235, (Bankr. S.D. Ohio)
  • Scharffenberger v. Continental Casualty Co., et al.
  • Tractebel Energy Marketing, Inc. v. AEP Power Marketing, Inc., and Ohio Power Co. v. Tractebel Energy Marketing, Inc., 2005 WL 1863853 (S.D.N.Y. 2005), aff’d in part, reversed in part and remanded, 487 F. 2d 84 (2d Cir. 2007) , (2008)
  • Allegheny Health, Education and Research Foundation
  • Buyout
  • Cardinal Industries, Inc.
  • Chapter 11 / Case Administration
  • Chapter 11 Debtor Representation
  • Chapter 11 Debtor Representations
  • Chapter 11 Debtor Representations
  • Chapter 11 Debtor Representations
  • Chapter 11 Debtor Representations
  • Chapter 11 Debtor Representations
  • Chapter 11 Representation
  • Kmart Corporation
  • Kmart Creditor Trust v. PricewaterhouseCoopers L.L.P., No. 03-054233-CZ in Oakland County Circuit Court, State of Michigan; Kmart Creditor Trust v. Charles C. Conaway (AAA Arbitration); Kmart Creditor Trust v. Mark S. Schwartz (AAA Arbitration)
  • Litigation Arising out of the Bankruptcy of The Loewen Group, Inc.
  • Reinsurance Transaction

West Practice Categories

Bankruptcy Law, Bankruptcy Litigation, Business & Commercial Law, Business Organizations, Class Actions, Collections & Repossessions, Collections & Repossessions, Commercial Bankruptcy, Commercial Leasing, Complex Litigation, Consumer Bankruptcy, Creditors' Rights, Debt Discharge, Dissolution, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Foreclosures, Garnishment, International Trade Litigation, Litigation & Appeals, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, Reorganizations, Reorganizations & Restructuring, State Appellate Practice, State Trial Practice, Tax Litigation, US Court of Appeals for the Federal Circuit, US Supreme Court, Workouts

Qualifications

Bar Admissions

  • Ohio

Education

  • Harvard University
Articles

Published Works

  • The United States-European Union Safe Harbor Agreement: Should Your Company Climb Aboard?, 2001
  • When Chat Rooms Turn Ugly, The Daily Reporter, Business Law Journal supplement, 1998
  • Liability for Third-Party Content on the Internet, 8 Seton Hall Constitutional Law Journal 733, 1998
  • Tangled Web: Personal Jurisdiction and the Internet, Litigation, Vol. 24, No. 2, p. 27, 1998
  • K. Stuckey, Internet and Online Law, Law Journal Seminars-Press, 1996