Neil H. Koslowe is a general litigator with broad experience in administrative law and regulation, commercial contract disputes, federal court litigation, and a host of other areas. In addition to handling litigation in the Washington, D.C. state courts and federal courts around the country at the trial and appellate levels, including before the United States Supreme Court, his practice encompasses complex arbitrations, large-scale internal corporate investigations, and white collar defense and investigations. He represents individuals as well as U.S. and multinational corporations, as both plaintiffs and defendants.
A former Special Litigation Counsel at the U.S. Department of Justice, Mr. Koslowe has extensive experience handling a wide variety of claims brought under federal statutes, including the Foreign Corrupt Practices Act, the False Claims Act, and the federal securities laws. His sophisticated practice has included the representation of a number of foreign states in both U.S. and international courts. While serving at the Department of Justice, Mr. Koslowe also represented the President and the White House, the Office of Management and Budget, and virtually every federal cabinet-level department and agency, in a wide variety of suits challenging federal programs, rules, and regulations.
- Defended International Crisis Group, a global NGO, in multi-million dollar defamation suits brought by Serbian oligarch in federal district court and Belgium trial court.
- Obtained dismissals of three lawsuits against the State of Kuwait under the Foreign Sovereign Immunities Act and settled claims of unfair labor practices and abuse against Kuwaiti diplomats.
- Obtained dismissal of multi-million dollar expropriation claim by Venezuelan banker against the Republic of Venezuela in federal district court.
- Obtained dismissal of two lawsuits in different federal district courts against global chemical company by competitor alleging misappropriation of trade secrets.
- Obtained dismissal of multi-million dollar suit alleging unlawful conduct under the law of Republic of Kazakhstan against Mercator Corporation and its president.
- Represented national energy company in domestic arbitration of contract dispute.
- Conducted internal investigations for half dozen corporate clients in the U.S. and six foreign countries of allegations of violations of the Foreign Corrupt Practices Act.
- Conducted internal investigation for government-sponsored entity accused of fraud, illegal and deceptive lending practices, and mismanagement.
- Negotiated successful termination of potential criminal prosecution by U.S. Attorney and SEC of manager of mutual fund suspected of “insider” trading.
- Obtained dismissal of federal private securities action alleging misrepresentation and misstatements of material fact by hedge fund manager.
- Obtained dismissal of private securities action alleging false and misleading proxy statements by regional energy company.
- Defended pharmaceutical companies in patent infringement/antitrust litigation.
- Represented corporate executives in bankruptcy court reorganization proceedings.
- Advised defense contractor accused of fraud in False Claims Act qui tam suit.
- Advised foreign private equity fund in acquisition of domestic defense contractor threatened with “debarment.”
- Represented Attorney General Janet Reno in connection with Independent Counsel and grand jury investigation of President Bill Clinton.
- Obtained dismissal of claims of obstruction of justice, destruction of records, and threatening witnesses against White House and other officials in “Filegate” case.
- Lead counsel for U.S. in trial and successful settlement of multi-million dollar suit for “just compensation” by Estate of President Nixon for seizure of presidential materials.
- Successfully defended White House polices of Presidents Reagan and Bush on disbursement of foreign aid to nongovernmental organizations.
- Successfully defended challenge to Pentagon media rules during Gulf War.
- Advised Office of Management and Budget and Department of Treasury in preparation for litigation resulting from government “shutdown” and possible breach of debt ceiling.
- Successfully defended Department of Education recoupment of millions of dollars of student loan fees appropriated by state agencies.
- Defended Department of Health and Human Services in Medicare fraud suit.
- Defended Department of Agriculture in multi-million dollar class action for damages resulting from alleged acts of fraud, abuse, and discrimination in loan programs.
- Represented all federal agencies and departments, including the Treasury Department, the State Department, the Department of Housing and Urban Development, the Department of Health and Human Services, the Department of the Interior, the Department of Commerce, the Department of Labor, the Department of Energy, and Office of the President, in a wide variety of civil appeals in cases involving tort claims, government contract disputes, challenges to federal statutes, regulations, and rules, and administrative rule-making procedures.
- Personally authored dozens of briefs and presented oral arguments in every federal court of appeals.
- Drafted petitions for certiorari, briefs in opposition to petitions for certiorari, and merits briefs in the U.S. Supreme Court.
- Served as “first chair” and “second chair” in appeals on behalf of corporate and financial clients in private practice.
- Shearman & Sterling LLP, Counsel
- United States Department of Justice, Civil Division, Special Litigation Counsel
- United States Department of Justice, Civil Division, Appellate Staff Attorney
HONORS AND AWARDS
- Presidential Distinguished Executive Award
- United States Department of Justice John Marshall Award for Outstanding Litigation
- United States Department of Treasury Award for Achievement
PRO BONO AND COMMUNITY INVOLVEMENT
- Co-counsel in two successful Supreme Court cases establishing right of foreign detainees at U.S. Naval Base, Guantanamo Bay, Cuba, to habeas corpus
- Represented employee of defense contractor whose high-level security clearance was not renewed
- Successfully sued private college which had expelled graduate student for writing theme paper allegedly contrary to college’s philosophy
- Successfully defended medical school student threatened with expulsion for plagiarism
MEMBERSHIPS AND AFFILIATIONS
- American Bar Association, Member
TEACHING AND LECTURING
- Instructor in Law, Georgetown University
- Lecturer, Cornell University Law School
- Lecturer, Emory University Law School
- Lecturer, Federal Bar Association