"fluent in all aspects of economic regulation...'top flight advocate with good judgment'"
Chambers USA 2006

Overview

Rob Jenkins is best known for his counseling and representation of railroads and other common carriers in regulatory proceedings, transactions, arbitrations, court actions and appeals.  He is top-ranked in the field of rail transportation by Chambers USA , which characterized him as “fluent in all aspects of economic regulation … [a] ‘top flight advocate with good judgment'” (2006/2007).  His transportation work has also won him recognition in The Best Lawyers in America (2006/2007). 

Rob also has extensive experience in the field of government contracts.  He counsels and represents clients in all phases of the contracting process.  His particular areas of focus include federal supply schedule and health care contracting and pricing laws and regulations.  He also defends clients against claims of fraud and false statements in agency and court proceedings, and helps them develop and implement corporate compliance programs.

In addition to his transportation and government contracts work, Rob has substantial experience with commercial arbitrations, both under the rules of arbitral institutes like the American Arbitration Association and under ad hoc contract provisions.

Rob joined Mayer Brown in 1998 after practicing for more than 20 years with several other national law firms.  Before entering private practice, he clerked for the Honorable Malcolm R. Wilkey, US Court of Appeals for the DC Circuit (1974-1975); he served for two years as a Peace Corps volunteer in Peru before entering law school.

Spoken Languages

  • English

Experience

  • Advised and represented Class I railroads and the Association of American Railroads in agency proceedings, court litigation and appeals regarding:
    • Federal preemption of state and local laws, rules and ordinances that interfere with railroad operations, facilities or pricing.
    • “Competitive access” disputes involving claims of unreasonable practice, monopolization, discrimination, predation and foreclosure.
    • Common carrier obligations and conditions, especially concerning hazardous materials and other dangerous cargo.
    • Acquisitions, approvals and abandonments (including “adverse abandonments”) of railroad lines.
    • Revenue adequacy, cost of capital and rate reasonableness standards and implementation.
    • Class I railroad mergers.
  • Advised Class I railroads and major household goods carriers regarding regulatory defenses (including primary jurisdiction, preemption, immunity and filed rate doctrine) to antitrust claims of monopolization and conspiracy.
  • Handled commercial arbitrations for Class I railroads and other companies.
  • Conducted internal investigations and defended large international health care companies against agency False Claims Act claims.
  • Developed governmental contracts compliance plans and training for health care and other companies.

Education

University of California, Berkeley School of Law, JD, with honors

Order of the CoifHead Note and Comment Editor, Law Review

Harvard College, BA, with honors

Admissions

  • District of Columbia
  • California

Court

  • US Court of Federal Claims
  • US Supreme Court
  • US District Court for the District of Columbia
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Sixth Circuit
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the District of Columbia Circuit
  • US Court of Appeals for the Federal Circuit

Memberships

  • American Bar Association (Committees on Administrative Law & Regulatory Practice, Health Law, Public Contract Law, and Public Utility, Communications & Transportation)
  • Association of Transportation Law Professionals