Robert Schwimmer specializes in complex commercial litigation, with an emphasis in financial services litigation, state and local tax controversies, and appellate services. In his financial services litigation practice, Robert represents numerous financial institutions in actions alleging the violation of statutes such as the Racketeer Influenced and Corrupt Organizations Act (RICO), the False Claims Act (FCA), the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA), as well as in cases involving loan modifications, residential and commercial foreclosures and rights of secured parties therein, fraud and consumer fraud, vicarious liability, conspiracy, other business torts and various breach of contract issues.
Representative Matters
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Financial Services Litigation
- Successfully represented senior secured lender in action by junior secured lender, seeking to enjoin foreclosure of commercial loan by senior secured lender
- Successfully represented credit card issuer in opposing class certification of consumer fraud action, where plaintiff alleged that issuer sold credit-protection product to plaintiff while knowing that plaintiff was ineligible for many of the program’s benefits
- Successfully represented financial institution in suit by non-borrower plaintiff, seeking to void mortgage foreclosure as violation of automatic bankruptcy stay
Education
- Columbia University School of Law (J.D., 2009)
- Harlan Fiske Stone Scholar
- Editor, Columbia Human Rights Law Review
- Princeton University (A.B., Religion, with honors, 2006)
Court Admissions
- Supreme Court of Arizona
- United States District Court, District of Arizona
- United States Court of Appeals, Ninth Circuit
Other Professional Experience
- United States District Court, District of Arizona, Legal Extern to Hon. Earl H. Carroll and Hon. David K. Duncan (2007)
- Maricopa County Public Defender's Office, Phoenix, Arizona, Summer Intern (2005)
