Richard B. Harper

Rich Harper advises and litigates on behalf of some of the world's most sophisticated technology, media, and entertainment companies. With a proven track record of success managing complex risk issues, Rich is a trusted advisor to management teams and directors, aligning business and legal strategies to achieve success in high-stakes commercial litigation.

Rich leads litigation teams in business tort and breach of contract disputes, ranging from trade secret litigation to business defamation claims for clients such as PepsiCo and Formula 1 Racing. Within the business tort field, Rich has built a leading national practice in fiduciary duty and securities litigation, having represented the company and/or directors of Liberty Media, NASCAR, Starz, and Charter Communications.

His commercial dispute experience has also evolved into providing corporate governance and compliance counseling to boards of directors and corporate legal departments. Recently Rich's counseling practice has focused on corporate structuring and environmental, social and governance (ESG) issues.

In addition to his client work, Rich dedicates his time to mentorship. He currently serves as the Partner-in-Charge of Baker Botts' New York office, and previously served as the New York office's Litigation Department Chair and Hiring Partner, as well as on the firm's Executive Committee. Coming from a family of teachers, Rich has spent the last decade teaching the Intensive Trial Practice Workshop at the University of Chicago Law School, a trial advocacy course for upper-level students. His lectures have ranged from expert witnesses to cross-examinations to closing arguments.

Fiduciary Duty, Corporate Governance, and Securities Litigation

• Certain Expedia Group directors in fiduciary duty and securities litigation arising from Expedia's $2.6 billion acquisition of Liberty Expedia. (Delaware and Colorado state and federal courts)
• NASCAR and certain directors of International Speedway Corporation in fiduciary duty litigation arising from the company's $2 billion merger. (Florida state court)
• Liberty Broadband Corporation and certain Charter Communications, Inc. directors in connection with fiduciary duty litigation arising from Liberty Broadband's $5 billion investment as part of the Charter-Time Warner Cable merger. (Delaware state court)
• Barnes & Noble's special committee in fiduciary duty and securities litigation arising from the company's sale to Elliott Advisors (UK) Limited. (Delaware and New York state and federal courts)
• Starz and certain of its directors in connection with fiduciary duty and appraisal litigation arising from its $4.4 billion acquisition by Lionsgate. (Delaware state court)

Business Tort (Trade Secret, Business Defamation, Tortious Interference and Related Claims) and Commercial Contract Litigation

• Mastercard Incorporated in defense of misappropriation of trade secret claims, unfair competition and breach of contract claims asserted by Linkable Networks Inc. (New York state court)
• PepsiCo against trade secret, patent, and breach of contract claims asserted by ScentSational Corp., which claimed over $130 million in damages. (New York federal court)
• Ascent Capital Group, Inc. and its directors against fraudulent transfer and breach of fiduciary duty claims arising from proposed financing for its subsidiary (Delaware state court)
• Lyft, Inc. against Jersey City, NJ taxicab owners who asserted tortious interference and local and state statutory violations in an attempt to prevent Lyft from competing in the city. (New Jersey state court)
• Pramer S.C.A., a South America cable programming company, in a two week jury trial and appeal involving fraud, fiduciary duty, and breach of contract claims. (New York state court)

Law Clerk, Judge Karen Williams, U.S. Court of Appeals for the Fourth Circuit, 1994-1995

Law Clerk, Judge Stanley Marcus, U.S. District Court for the Southern District of Florida, 1993-1994