Robert W.Hamilton (Bob)

Of Counsel

Columbus + 1.614.281.3848

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Bob Hamilton has more than 37 years of experience in civil litigation in state, federal, and bankruptcy courts and in First Amendment and media cases.

Bob has litigated a wide variety of matters in many of the nation's largest and most complex bankruptcy cases over the past three decades, including 1031 Tax Group; Aldrich-Murray; Alpha Natural Resources; Allegheny Health, Education and Research Foundation; American Apparel; Appalachian Fuels; Breed Technologies; Boscov's Department Stores; CS Mining; Cardinal Industries; Chrysler; City of Detroit; Dana; Federated Department Stores; FLYi; HQ Global; Harry & David; Hostess; Kmart; LTL (Johnson & Johnson); Loewen; Macy's; Metaldyne; Molycorp; National Century Financial Enterprises; NextWave; NII Holdings; Patriot Coal; Peabody Energy; Spansion; Tower Automotive; and World Kitchen.

Bob represented CompuServe in the first case addressing an ISP's (Internet service provider) liability for unlawful third-party content. He also represented CompuServe in the first case to enjoin a defendant from sending spam to an ISP's subscribers under the common law of trespass to chattels.

Other media clients he has represented include AOL, Cleveland magazine, Gannett, Google, ICANN, the Motion Picture Association of America, Multimedia Entertainment, National Enquirer, Nextel, Ohio magazine, Playboy magazine, Post-Newsweek Stations, Sally Jessy Raphael, The Columbus Dispatch, The Washington Post, and Trinity Broadcasting.

Bob was featured as one of four leading e-commerce "Pioneers" by IP World in December 2000. He has taught internet law as an adjunct professor at The Ohio State University College of Law and Capital University Law School.

Experience

  • LTL Management, a Johnson & Johnson affiliate, files for chapter 11 to equitably and permanently resolve all current and future talc-related claims against itJones Day represents LTL Management LLC in its chapter 11 bankruptcy case filed October 14, 2021 in the Western District of North Carolina.
  • Nine Point Energy secures trial victory clearing path for successful reorganization through sale of its assetsJones Day is representing an oil and gas exploration and production company, Nine Point Energy, that is the Debtor in a chapter 11 bankruptcy case, leading to the successful ruling from the bench concluding that at least $150 million of the $157 million in liens asserted by Caliber were invalid, thus, clearing the path for the successful reorganization of Nine Point through a sale of its assets.
  • Peabody Energy exits chapter 11 in less than a yearFacing unprecedented industry conditions in late 2015 and early 2016, Peabody Energy Corporation, the world's largest private-sector coal company, and 153 of its direct and indirect subsidiaries filed voluntary petitions for relief under chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of Missouri on April 13, 2016.
  • City of Detroit's chapter 9 plan of adjustment confirmedJones Day served as lead restructuring counsel to the City of Detroit in connection with its chapter 9 bankruptcy case filed in July 2013 and its ongoing restructuring efforts.
  • Chrysler sold to Fiat-led "New Chrysler" after historic court proceedingsAfter a historic battle all the way to the United States Supreme Court, Chrysler LLC sold substantially all of its assets to Fiat-led "New Chrysler" (Chrysler Group LLC) on June 10, 2009, providing the opportunity for its iconic brands and U.S. operations to survive.
  • Alpha Natural Resources plan confirmed by U.S. Bankruptcy CourtOn July 12, 2016, the United States Bankruptcy Court for the Eastern District of Virginia entered an order confirming the Second Amended Joint Plan of Reorganization of Alpha Natural Resources, Inc. and 148 of its debtor affiliates, less than one year after Alpha, one of the largest coal companies in the United States, entered chapter 11 with liabilities of approximately $7.1 billion amidst the most challenging economic environment for coal producers in decades.
  • Molycorp emerges from bankruptcy as Neo Performance MaterialsJones Day advised Molycorp, Inc. in the bankruptcy buyout of the company by Oaktree Capital Management, L.P.
  • NII Holdings obtains approval for reorganization planJones Day client NII Holdings, Inc. obtained approval for its chapter 11 reorganization plan following a 9-day contested trial on confirmation.
  • Peabody Energy continues fight with Patriot CoalJones Day represented Peabody Energy Corporation ("PEC") in matters relating to the chapter 11 cases of its former subsidiary, Patriot Coal Corporation ("PCC"), including (a) discovery being conducted by PCC and their creditors' committee in those chapter 11 cases, (b) in an adversary proceeding brought against PEC by PCC in the chapter 11 case relating to certain benefit payments, and (c) litigation in West Virginia brought by the United Mine Workers of America relating to benefits owing by PCC.
  • LCR and several affiliates acquire substantially all assets of CS Mining pursuant to sale under section 363 of Bankruptcy CodeJones Day represents various affiliates of Lippo China Resources Limited ("LCR") in connection with its investment in excess of $75 million in CS Mining, LLC, a copper mining company based in Milford, Utah that is the subject of a chapter 11 case pending in the United States Bankruptcy Court for the District of Utah.
  • Hostess Brands commences bankruptcy proceedingsJones Day represents client Hostess Brands, Inc. and its direct and indirect subsidiaries (collectively, "Hostess") as lead restructuring counsel, in Hostess' January 11, 2012 (the "Petition Date") filing under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code") in the Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court") with more than $800 million in secured debt and a $75 million debtor-in-possession financing facility with Silver Point.
  • Spansion Japan settles claims against former parentJones Day represented Spansion Japan Limited ("Spansion Japan") in the bankruptcy case of its former parent, Spansion LLC, allowing Spansion Japan to successfully reorganize in Japan.
  • FGIC reinsures certain public finance financial guaranty policiesJones Day represented FGIC Corporation, owner of Financial Guaranty Insurance Company (FGIC), in an action for injunctive relief filed by GE Funding Holdings, Inc. (GE), a preferred shareholder of FGIC.
  • AEP receives $263 million settlement after prevailing on breach of 20-year power contract claimJones Day represented American Electric Power Company, Inc. (AEP) on competing breach of contract claims.
  • Lehman Brothers Holdings seeks recovery of undisclosed asset value transferred in bankruptcy sale of broker dealerJones Day represents Lehman Brothers Holdings Inc. in an action to recover assets transferred to Barclays Capital Inc. when Barclays purchased the Lehman broker dealer business shortly after Lehman's bankruptcy filing in September 2008.
  • Colorado Capital Bank settles claims by bankruptcy 1031 Tax Group and obtains third-party release of claimsJones Day represented Colorado Capital Bank in connection with claims asserted against it by bankrupt 1031 Tax Group, and successfully obtained a resolution of all claims as well as a release of all third-party claims against Colorado Capital Bank.
  • NRP Financial sells business to LPL Financial CorporationJones Day represented NRP Financial, Inc. as the seller of the assets of a national broker-dealer business headquartered in northwest Ohio to LPL Financial Corporation in a distress asset sale transaction involving potential insolvency issues.
  • Dana Corporation obtains Global Settlement and creates VEBA trusts for retiree health care benefitsJones Day successfully represented Dana Corporation in obtaining a series of settlements to eliminate an enormous accumulated liability for health and life insurance benefits for retirees from its unionized and nonunion workforces, and to modify its collective bargaining agreements with active employees, allowing Dana to compete in the troubled auto industry upon emergence from bankruptcy.
  • Tower Automotive retired employees reach settlement with companyJones Day represented the official committee of retired employees of Tower Automotive and its constituents in the Tower Automotive (Tower) chapter 11 cases in connection with the efforts of Tower to modify the health and welfare benefits of its nonunion retirees pursuant to section 1114 of the Bankruptcy Code.
  • Boscov's Department Stores completes successful going concern saleJones Day represented Pennsylvania-based Boscov's, Inc. and its affiliated entities in their chapter 11 bankruptcy cases, including the successful sale of all of their assets as a going concern.
  • Metaldyne files for bankruptcy protectionJones Day represented Metaldyne Corporation -- one of the top 50 North American auto parts suppliers with over $1 billion in sales -- and its subsidiaries in an out-of-court tender offer transaction pursuant to which over $350 million in long term debt was extinguished.
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    March/April 2013 Jones Day Publications

    Employer’s Failure to Issue WARN Notification Excused Due to Abrupt Termination of Financing

    Additional Speaking Engagements

    • December 2010
      国際倒産法セミナー： 米国取引先企業の経営破綻の際に債権者がとりうる方策について
    • December 4, 2009
      Successful Pre-arranged Bankruptcy Filings, plenary panel, ABI Winter Leadership Conference
    • April 20, 2009
      Jurisdictional and Procedural Issues, panelist, PLI 31st Annual Current Developments in Bankruptcy & Reorganization
    • April 7-8, 2008
      Appeal of Confirmation Orders, panelist, PLI 30th Annual Current Developments in Bankruptcy & Reorganization
    • September 2015, July 1999-2006, 1997, August 1996
      Electronic Communications: Institutional and Individual Liability and Spam, Cornell University: Computer Policy and Law
    • June 28, 2005
      The Business Provisions of the 2005 Bankruptcy Code Amendments, Jones Day CLE Program
    • September 25, 2002
      Privacy2002: Information, Security and New Global Realities
    • July 2001, 2000, 1999
      Free Speech Issues on the Internet, The Internet and Legal Ethics, Liability on the Internet: Defamation and Spamming, Ohio State Bar Association: Law and Cyberspace
    • May 2001
      University of Texas School of Law: 14th Annual Computer Law Conference- Software, Networks and E-Commerce, Intermediary Liability Issues
    • April 2001
      Everything You Always Wanted To Know About Napster, The Federalist Society, Columbus Ohio Chapter
    • October 2000, March 2000, March 1996
      Liability of Colleges and Universities for online conduct by their faculty and students, National Association of College and University Attorneys: Annual Conference
    • August 2000
      Bankruptcy Issues in Hi-Tech Industries, American Bankruptcy Institute: 5th Annual Southeast Bankruptcy Conference
    • April 1998
      Junk E-Mail - The Growing Smell of Spam, 1998 ISPCON
    • March 1998
      The First Amendment and Liability for Third-Party Content in Cyberspace, Seton Hall University School of Law: Constitutional Issues Involving Use of The Internet
    • February 1998
      Computers, Freedom and Privacy 1998, Moot Court: Suing Spammers
    • September 1996
      Publication Torts On-Line: The First Amendment and Liability for Third-Party Content, University of Houston 10th Annual Computer & Information Law Institute
    • August 1996
      Tort and Insurance Practice Section, Media Law and Defamation Torts Committee: Online Newspapers: Liability for Content Posted by Readers, American Bar Association Annual Meeting
    • May 1996
      Publication Torts and Liability for Third-Party Conduct Online, Suffolk University Law School: "Doing Business & Avoiding Liability in Cyberspace"
    • April 1996
      Debating Decency: Censorship and The First Amendment on the Internet - A Panel Discussion, Michigan Telecommunications & Technology Law Review
    • March 1996
      Defamation And The First Amendment Online, Michigan Telecommunications & Technology Law Review: Advising Businesses in an Online Digital World: The Risks and Rewards of Electronic Commerce
    • February 1996
      Libel on the Internet, Federal Communications Bar Ass'n Seminar on Communications Law
    • January 1996
      The First Amendment in Cyberspace, ABA Forum on Communications Law: 1st Annual Conference
    • September 1995
      Torts in Cyberspace: First Amendment Overview, 1995 NAA•NAB•LDRC Libel Conference
    • March 1995
      Libel on the Internet, Society of Prof'l Journalists Midwest Conference: "Libel & Slander in the 90's"

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