Robert B. Mullen

Partner

Robert B. ("Bob") Mullen maintains a practice in all areas of commercial litigation. He has tried jury and bench trials to verdict, conducted binding and non-binding arbitrations, handled appeals to state and federal appellate courts, and frequently represents clients in mediation. His trials have involved:

• Employment
• Real estate
• Mortgage fraud
• Products liability
• Premises liability

Experience

• Defended a Japanese broadband infrastructure company in a multimillion-dollar suit brought by an American businessman claiming stock ownership rights in acquired companies.
• Prosecuted fraud action against title insurer and escrow company on behalf of a residential lender, leading to victory in California Supreme Court (published as Alliance v. Rothwell, 10 Cal.4th 1226 (1995)).
• Defended a manufacturer of commercial waterproofing membrane in a suit seeking $4 million for the cost to repair a four-level underground parking garage.
• Defended a residential home developer in a suit challenging an energy efficiency program which guaranteed the cost of cooling and heating, and uniform temperature and comfort.
• Defended online stock photo company against a trade name infringement claim brought by a Canadian media company with a stock photo subsidiary by a similar name.
• Defended a power utility against a claim by a hydroelectric company that the utility breached a power purchase contract and conspired with California's independent system operator to exclude the plaintiff from the electricity market during California's energy crisis.
• Obtained summary judgment in two cases defending the employer of terminated plant workers who alleged discrimination and wrongful discharge, on grounds the employer had not repudiated their at-will employment status conferred by state law.
• Defended the American subsidiary of a German wastewater treatment products manufacturer against a claim by a process developer who alleged the company breached a joint venture agreement.
• Defended a British high-end jeweler in a suit brought by a U.S. jeweler alleging fraud and breach of contract in the sale of a rare blue diamond and Kashmir sapphires.  Obtained dismissal based on lack of personal jurisdiction, reported at 2008 WL 4058364 (N.D. Cal. Aug, 28, 2008)
• Prosecuted a complaint against like-kind-exchange company that misappropriated its customers' property sales proceeds. Successful return of funds was achieved by attaching the defendant's assets and repeated motions for issue and evidence sanctions.
• Defended a title insurance company in a bankruptcy adversary proceeding brought by the trustee for the estate of a mortgage lender who claimed the title insurer participated in a property-flipping scheme by which secondary-market loan purchasers and others were defrauded of more than $20 million.

Publications

"Choosing and Challenging an International Forum: A Quick Look at Forum Non Conveniens," San Francisco Attorney Magazine, pp. 29-32 (April/May 2002)

Pro Bono Activities

Mr. Mullen was the 1992 recipient of the State Bar of California's Wiley M. Manual Award for pro bono legal service for his work on a race discrimination case. He also was named Outstanding Volunteer in Public Service by the Bar Association of San Francisco.

Awards and Honors

AV Peer Review Rated, Martindale-Hubbell

Education

Professional Memberships

State Bar of California

New York State Bar Association

American Bar Association

Bar Association of San Francisco