Rich Harper is Chair of Baker Botts’ New York Litigation Department with a practice that focuses on high-stakes business tort and commercial contract disputes for technology, media and telecommunications (TMT) companies.
Rich maintains a leading national practice in TMT fiduciary duty and securities litigation, representing the company and/or directors of Starz, NASCAR, Barnes & Noble, Charter Communications, SiriusXM, Liberty Media, and CommerceHub, in recent shareholder litigation.
Rich's core practice remains leading TMT litigation teams in business tort and commercial contract disputes, ranging from trade secret to business defamation claims. He has been recognized for the excellence of his commercial litigation practice in the current edition (2019) of the U.S. Legal 500.
Since 2013, Rich has served as an Instructor at the Intensive Trial Practice Workshop at the University of Chicago Law School, a trial advocacy course for upper-level students. As part of his teaching activities, he has given lectures on topics ranging from expert witnesses to closing arguments. At the law firm, he has served in a variety of management positions, and most recently as the hiring partner for the New York office.
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)
Awards & Community
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
Deal Pipeline, The
CLE for Association of Corporate Counsel (Westchester)
Association for Corporate Counsel
Association of Corporate Counsel Greater New York Chapter, Corporate & Securities Practice Group CLE
Baker Botts Partner Rich Harper will be presenting on critical issues in drafting non-disclosure agreements.
Martin Toulouse, Rachael Lichman, and Rich Harper will present on Ethical Considerations for In-House Counsel: Basic Principles and Special Situations.
ACC Westchester/Southern Connecticut: Case Study of an Acquisition: Current Litigation, Intellectual Property and Corporate Issues Impacting In-House Counsel
On Friday, June 2, Baker Botts will host an interactive case study CLE program at Mastercard in Purchase, New York for the membership of ACC Westchester/Southern Connecticut. ""Case Study of an Acquisition: Current Litigation, Intellectual Property and Corporate Issues Impacting In-House Counsel".