Robertson, Cynthia C.

Represented the Cherokee Freedmen – the descendants of enslaved persons held by the Cherokee Nation prior to 1866 – in their successful challenge to the Cherokee Nation’s 2007 attempt to exclude the Freedmen from tribal citizenship, in violation of the Cherokee Nation’s 1866 treaty with the United States, which abolished slavery and guaranteed the Freedmen and their descendants “all the rights of native Cherokees.” Had a leading role in extensive federal litigation spanning two federal venues and two successful appeals, in which the Freedmen overcame sovereign immunity defenses raised by the U.S. Department of Interior and the Cherokee Nation, and numerous procedural hurdles, before ultimately prevailing on the merits in a 2017 federal court opinion that affirmed the Freedmen’s right to Cherokee Nation citizenship under the treaty.
Developed successful case for contract reformation in bankruptcy litigation related to a contract to build nuclear power facilities. Conducted internal investigation and extensive discovery to establish that client’s interpretation of contract language guaranteeing a $300 million fixed fee was in fact the parties’ agreement.
Represented client in bankruptcy hearings and settlement negotiations achieving a highly favorable settlement for the client.
Developed successful defense to novel natural resource damages claims by Native American tribe in major CERCLA environmental cleanup litigation, interviewed and managed expert witnesses, defended and assisted in taking depositions of experts and fact witnesses, assessed discovery and deposition testimony, and drafted successful motion for summary judgment.
Represented the Renewable Fuels Association in major Administrative Procedure Act challenge to the EPA’s interpretation and application of the Small Refinery Exemption under the Renewable Fuels Standard in the Tenth Circuit Court of Appeals and the U.S. Supreme Court.
Represented national healthcare provider in litigation seeking recoupment of $500 million in payments and related fraud claims. As a lead on the trial team, conducted initial internal investigation, discovery, drafted major briefs, represented client in motions hearings, and participated in trial, resulting in complete victory for client, including award of attorney’s fees and costs.
Successful representation of primary creditor in the appeal of bankruptcy court’s approval of a settlement agreement between the debtor and Trustee that would have alienated a substantial portion of the debtor’s assets from the estate in violation of the U.S. Bankruptcy Code and contrary to applicable judicial precedents applying the Code.
In litigation arising out of the 2010 Deepwater Horizon oil spill disaster, represented one of BP’s two joint venturers in the Deepwater Horizon offshore oil rig, including extensive evaluation of potential defenses to liability, drafting of major briefing, and assessment of proposed settlement terms.
Represented a major U.S. building and infrastructure contractor in a major fraud and False Claims Act case. Conducted investigation and related discovery in response to third party subpoena issued by U.S. Attorney, fulfilled subpoena requirements and successfully avoided further investigation of general contractor.
Successfully litigated appeal in personal injury case on personal jurisdiction grounds for a major Asian airline and its U.S. subsidiary, obtaining an important precedent regarding internet presence as a basis for personal jurisdiction.
Successfully litigated intellectual property dispute for a leading international assistive technology company, through depositions, discovery, and dispositive motions, ultimately obtaining a favorable settlement for client.
Drafted major briefing and performed fact investigation in support of publicly traded education company’s defense in a shareholder dispute; assisted with facilitating settlement following client’s successes in pretrial motions.
Successfully litigated appeal in complex employee wage and hour dispute for large government contractor, establishing an important favorable precedent for employers whose employees work out-of-state or abroad.
Developed successful defense for manufacturing client in products liability case involving an explosion at a Midwest pesticide facility; conducted initial internal investigation, led discovery efforts, and responsible for primary drafting of major briefs. Resulted in favorable settlement for client following summary judgment briefing and argument.

Cynthia C. Robertson

Senior Counsel

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Harvard Law School

Johns Hopkins University

St. John Fisher University

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Cynthia C. Robertson

Senior Counsel

Cynthia C. Robertson

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