Bob Cox is a trial attorney with over two decades of experience litigating all types of business cases in courts across the nation. Mr. Cox’s experience covers a wide range of matters involving securities, business torts, contracts, antitrust, intellectual property, real estate, and white collar criminal issues. He has represented parties in class actions, multi-district litigation (MDLs), government enforcement actions, private business disputes, and appeals in federal and state courts. Mr. Cox has experience managing all of a telecommunications company’s litigation over a several year period, totaling well over 100 separate pieces of litigation in courts throughout the United States. The telecommunications company had a forum selection provision in its contracts setting the federal court in Alexandria and the Fairfax Circuit Court as the venue for a majority of the cases. Mr. Cox not only took part in the management of these cases, he participated in the litigation of many of these matters, including examining witnesses at hearings and trial, taking and defending depositions, arguing key motions (i.e., summary judgment and dismissal), and drafting briefs and other pleadings. Mr. Cox also has substantial experience in securities enforcement and regulatory matters involving accounting firms and auditors.
Mr. Cox regularly represents accounting firms, corporations, corporate officers and directors, and financial industry professionals in civil, criminal, and regulatory matters, including investigations and enforcement proceedings before the U.S. Securities and Exchange Commission (SEC), Public Company Accounting Oversight Board (PCAOB), and the Financial Industry Regulatory Authority (FINRA). In addition, Mr. Cox conducts internal investigations and provides compliance counseling to prevent such investigations. He also represents accounting firms and accountants in professional malpractice matters.
Prior to joining Briglia Hundley, Mr. Cox was an Assistant Director in the PCAOB’s Division of Enforcement and Investigations for more than six years. While with the PCAOB, he handled numerous enforcement investigations and disciplinary proceedings against domestic and international accounting firms and auditors, including matters involving the Big Four and other Global Network accounting firms. He also coordinated enforcement matters with the SEC, FINRA, and foreign regulatory bodies. Mr. Cox has also represented closely held corporations, limited liability companies, and partnerships as well as their shareholders, members, and partners in disputes involving claims related to shareholder oppression, breach of fiduciary duty, diversion of corporate opportunities, termination of employment, buy/sell clauses and sale of minority interests, and dissolution.
Before the PCAOB, Mr. Cox was a partner at the largest litigation-focused law firm in the country where he handled complex antitrust, commercial, and securities cases.
Mr. Cox has authored several articles and treatises chapters on topics involving securities, antitrust, and litigation. For example, he is co-author of Chapter 11, Securities Damages” in Boushie, Spadea, & Cunniff, Calculating and Proving Damages (Law Journal Press 2011), a leading treatise on damages. He is also the author of Chapter 6, Collateral Estoppel and Prima Facie Effect, Antitrust Evidence Handbook, Third Edition (ABA 2016).
Mr. Cox has substantial experience teaching trial advocacy, including training litigators in depositions, examination of expert witnesses, and direct examination and cross-examination at trial. In addition, Mr. Cox has frequently spoken at professional conferences, training workshops, and continuing legal education courses, such as the FBI Academy at Quantico, VA and the Virginia Society of Certified Public Accountants.
Mr. Cox is an active member of the Virginia State Bar. He has served as an elected member on the Virginia State Bar’s Disciplinary Sub-Committee for the Fifth District since 2018. He also has been active in the Fairfax Bar Association, serving on its Circuit Court Committee and Continuing Legal Education Committee.
Case results depend upon a variety of factors unique to each case. Results in past cases do not guarantee or predict a similar result in any future case undertaken by the lawyer.
Commercial Litigation Matters
- Represented a pension fund in a multimillion dollar, multiparty case alleging breach of fiduciary duty, fraud, and breach of contract relating to the actions of a managing member of a limited liability company. The client prevailed following a successful appeal to the Maryland state appellate court and retrial in the Montgomery County Circuit Court.
- Prosecution of claims by a bank in a Winstar case based on Congress’s breach of supervisory goodwill agreements as a result of the passage of FIRREA. The U.S. Court of Federal Claims awarded the bank over $76 million in damages.
- Represented a defendant in a case brought by a software vendor for alleged copyright infringement and breach of a software licensing agreement. After a one-week bench trial, the U.S. District Court for the District of Colorado returned a verdict in favor of the defendant client as to all claims
- Defended a pharmaceutical manufacturer in a case brought by a third party for tortious interference with employment. The United States District Court for the Eastern District of Virginia granted the defendant client’s motion to dismiss for failure to join an indispensable party.
Securities Fraud Matters
- Defended a telecommunications company in a class action by holders of securities alleging accounting fraud in the company’s capacity swaps, tax indemnities, and lease commitments. The United States District Court for the Eastern District of Virginia dismissed the complaint with prejudice and without leave to replead.
- Represented a gold mining company in a securities fraud class action involving gold hedging operations at mines around the world. Case involved a $5 billion mark-to-market loss on the hedge book and allegations regarding earnings forecasts.
- Represented a pharmaceutical company in a securities fraud class action regarding claims related to the launch and efficacy of one of the company’s drugs. Case involved revenue recognition issues and a stock drop of over $1 billion.
Accountant’s Liability and Securities Enforcement
- Investigated multiple failures by the auditor of a Japanese subsidiary of a U.S. manufacturer. In a settled disciplinary order, the Public Company Accounting Oversight Board (“PCAOB”) censured and suspended for one year the partner of a Japanese accounting firm. In addition, the partner was required to complete professional education courses related to public company audits.
- Investigated multiple failures by the auditor of an Indonesian telecommunications company. In a settled order, the PCAOB censured and imposed a $1 million civil penalty on the Indonesian member firm for audit failure, noncooperation, and violations of the PCAOB’s quality control standards. In addition, the former professional practice director for the Global Network Firm’s Asia-Pacific region and a former engagement partner of the Indonesian firm were sanctioned for their roles in the audit failure.
- Represented former chief financial officer of Cendant Corporation in appeal of conviction on accounting fraud to the Second Circuit. Cendant was one of the largest financial scandals of the 1990s.
Bob’s Professional Accomplishments
Areas of Practice
- Commercial Litigation
- Accountants and Professional Liability
- Securities Litigation, Enforcement, and Regulation
- District of Columbia
- U.S. Court of Appeals for the D.C. Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
- U.S. District Court for the District of Colorado
- U.S. Court of Federal Claims
- U.S. Court of International Trade
- U.S. Bankruptcy Court for the Eastern District of Virginia
- University of Virginia Juris Doctor, 1991
- University of Virginia M.B.A., 1991
- Duke University Bachelor of Arts, 1987
1921 Gallows Road, Suite 750
Tysons Corner, Virginia 22182
Direct Telephone 703.883.9105
Main Telephone 703.883.0880