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  • Education
    • J.D., Washington and Lee University School of Law, 2007, Order of the Coif; Staff Writer and Lead Articles Editor for Washington and Lee Law Review
    • B.S., Washington and Lee University, 2003, Business Administration; Phi Beta Kappa
  • Court Admissions
    • U.S. Court of Appeals, Ninth Circuit, 2016
    • U.S. District Court, Western District of Missouri, 2016
    • U.S. Court of Appeals, Third Circuit, 2016
Robert V. Spake, Jr. is an attorney in Polsinelli’ s Business Litigation department. Bob combines his strong advocacy skills, business minded practice, and specialized knowledge of Delaware corporate law to partner with clients and effectively resolve business disputes. His practice focuses on complex business, derivative, securities, and shareholder class action litigation in both federal and state courts throughout the country.

Bob has significant experience defending companies, boards of directors, and senior management in shareholder derivative litigation in, among other jurisdictions, the Delaware Court of Chancery. He also has significant experience with the Telephone Consumer Protection Act, both defending companies named in class action litigation and in counseling compliance issues with companies in a diverse range of industries, including energy, finance, health care, and retail.

Bob is an active member of the American Bar Association including serving as the co-chair of the Delaware Corporate Committee of the ABA’s Commercial and Business Litigation Committee. Bob is also active with the Defense Research Institute and the Kansas City Metropolitan Bar Association and he regularly speaks and writes on Delaware corporate law issues and the Telephone Consumer Protection Act.

Before joining Polsinelli, Bob worked as a law clerk to the Honorable Donald F. Parsons, Jr. of the Delaware Court of Chancery. After his clerkship, Bob practiced in a large New York City law firm before returning to his hometown of Kansas City. As an extension of his prior work in Delaware, Bob frequently partners with attorneys in the firm’s Wilmington office and regularly practices before the Delaware Court of Chancery.
  • Serving as trial counsel in prosecution of direct and derivative breach of fiduciary duty and tortious interference claims by and on behalf of substantial minority group investor in a software company in the Delaware Court of Chancery.
  • Serving as second chair trial counsel in prosecution of breach of fiduciary duty, breach of contract, and misappropriation of trade secret claims on behalf of the Chapter 7 Trustee of Xurex, Inc., in the Western District of Missouri and the Western District of Missouri Bankruptcy Court.
  • Serving as second chair trial counsel in the prosecution of breach of fiduciary duty, fraudulent transfer, and breach of contract claims on behalf of the Liquidating Trustee of Ultimate Escapes in Delaware Bankruptcy Court.
  • Defend companies, limited liability companies, and limited partnerships in books and records actions in the Delaware Court of Chancery.
  • Obtained a $1.5 million jury verdict as second chair trial counsel in the Circuit Court of Jackson County, Missouri at Kansas City, in a business dispute involving claims for breach of contract, breach of confidentiality, and breach of the covenant of good faith and fair dealing.
  • Obtained summary judgment in favor of a financial services company named in a $150 million Telephone Consumer Protection Act class action lawsuit in the District of Nevada, where the court found plaintiff failed to create a triable issue under any theory of direct or vicarious liability.
  • Part of a team that successfully defended a Fortune 50 board of directors in a breach of fiduciary duty lawsuit in the Southern District of New York and affirmed on appeal in the Second Circuit. The case allegedly arose out of a company’s exposure to the sub-prime market, and plaintiff asserted claims of breach of fiduciary duty, waste of corporate assets, contribution, and unjust enrichment. The courts dismissed the case for plaintiff’s failure to make demand on the relevant board of directors.
  • Part of a team that successfully defended a Fortune 50 board of directors in a breach of fiduciary duty lawsuit in the Delaware Court of Chancery. The case allegedly arose out of a company’s exposure to the sub-prime market, and plaintiff asserted claims of breach of fiduciary duty, breach of the duty of disclosure, and for reckless and gross mismanagement. After fully briefing a motion to dismiss for failure to make demand on the company’s board of directors and after oral argument on that motion, the parties entered into a stipulation of dismissal.
  • Part of a team that successfully defended a major financial services company in a securities class action lawsuit in the Southern District of New York and affirmed on appeal in the Second Circuit. The case allegedly arose out of a few partnerships acquisition of commercial real estate before the global economic downturn in 2008, and plaintiffs asserted, among other claims, several federal and state securities law violations, breach of fiduciary duty, fraudulent misrepresentation, concealment, negligence, and aiding and abetting fraud. The courts dismissed the case, for among other reasons, plaintiffs’ failure to allege, with the particularity required, that the acquired properties had lost value by the time plaintiffs invested in the partnerships, let alone that defendants knowingly concealed that the properties had lost value.
  • Part of a team that successfully defended a major financial services company in an action for recession and violation of the Illinois Consumer Fraud Act in the Circuit Court of Cook County, Illinois, County Department, Chancery Division. The case allegedly arose out of an investment fund’s use of a false and misleading private placement memorandum to solicit the investment of plaintiffs. The court dismissed the case, for among other reasons, that there were no actual misrepresentations in the private placement memorandum.
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