They’ve Got Next: The 40 Under 40 - Robert Braun of Cohen Milstein

Robert Braun

Age: 40

Law Firm: Cohen Milstein Sellers & Toll

Practice Area: Antitrust

Title: Partner

Location: Washington, DC

Law School: Yale Law School

Please describe two of your most substantial, recent wins in practice.

As co-lead counsel in Moehrl v. National Association of Realtors, I had the opportunity to make a tremendous difference to millions of people by reducing the cost of the largest transaction most people engage in during their lifetime.

Nothing about this case was cookie cutter. There was no existing government enforcement action. We had to sort out a working damages and impact model for challenged practices that were over a century old, were still in place, and were pervasive throughout the country. The defendants had every incentive to—and did—fight us tooth and nail.

Despite these challenges, we were able to certify a class and work with our partners in a parallel case to reach significant pre- and post-trial settlements. I was closely involved in those settlements, including the 100-plus page $418 million settlement against NAR that involved industry-wide reforms.

In re Resistors Antitrust Litigation, which held the world’s largest manufacturers of resistors accountable for conspiring to eliminate price competition in the global and US markets, I was trusted with significant responsibility for developing the case theory and evidence and had the opportunity to depose senior executives from several of the world’s largest electronics companies, including in Japan.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?

Something I learned early in my career is the importance of taking ownership in your cases. It can be easy for young attorneys to approach a case as a series of discreet assignments. And some firms track their associates this way. But a way to distinguish yourself as a young attorney, or at least one of the ways I tried to distinguish myself, is to think of cases holistically and determine what work is necessary in order to achieve the client’s goals. Associates who take that approach, including by generating their own projects, often get more interesting and fulfilling work (as well as the eternal appreciation of their senior colleagues).

As an example, early in my career, I cut my teeth on an antitrust case involving tiny but ubiquitous electronic components called resistors. By throwing myself into the documents and helping to develop the case theory, I was given opportunities as a young attorney to depose senior executives at large international electronics companies.

How do you define success in your practice?

Success for me consists of three things. First, has my work made my clients—whether they be individuals, businesses, or a class— better off? Second, is the work I’m doing helping to create a more just and fair society? And third, am I working on interesting and novel legal issues with colleagues I enjoy being around?

Litigating is incredibly hard work and many of the cases I’m involved in require years of effort to achieve important milestones, let alone a settlement or judgment. But I’ve been incredibly lucky to find all three kinds of success in my practice and at Cohen Milstein.

What are you most proud of as a lawyer?

I’m especially proud of our real estate commission antitrust litigation against the National Association of Realtors and large brokerage companies. My firm investigated and helped bring the original lawsuit, which sought to make a real difference to millions of people by reducing the cost of what is, for most, the largest transaction they’ll engage in during their lifetime.

These were risky and complex cases. They challenged deeply ingrained practices that were over a century old, pervasive throughout the country, and central to the real estate brokerage industry’s business model. Not surprisingly, the defendants fought us tooth and nail.

I began working on the case in its early days and am appreciative that my firm trusted me to help lead the litigation. This involved working to develop the core case theory and evidence, deposing several CEOs, overseeing expert discovery—and later—playing a major role in drafting and negotiating the settlement with NAR that has, quite literally, changed the residential real estate industry for the better by impacting how houses are bought and sold across the country.

Who is your greatest mentor in the law and what have they taught you?

I’ve had several fantastic mentors throughout my life and career. At Cohen Milstein, I’ve had the great fortune to work closely with Ben Brown, Cohen Milstein’s current managing partner, and Kit Pierson, the former chair of our antitrust practice. Both are not only brilliant, exceptional litigators, they are also incredibly thoughtful and generous people.

Many litigators—including me—have a tendency to be dogged and aggressive; and those are certainly essential attributes. But Ben and Kit also taught by example to approach each case with a level of empathy and humanity. Those qualities are often a boon in litigation because they build loyalty in junior colleagues and allow opposing parties to find common ground on tricky issues—often to the benefit of both sides.

Tell us your two favorite songs on your summer music playlist.

I love singing, and my kids often serve as both my captive audience and duet partners. I’ve been listening to this summer to “Pink Pony Club” by Chappell Roan because my 4-year-old adores it and will sing it with me. Summer also reminds me of “Doin’ Time” (aka “Summertime”) by Sublime, one of my favorite bands from my middle and high school years.

Robert Braun of Cohen Milstein and wife riding a streetcar on St. Charles Avenue in New Orleans with their younger daughter.

Photo Illustration: Jonathan Hurtarte/Bloomberg Law; Photo courtesy of Robert Braun