Neil H. Koslowe is a senior litigator whose practice focuses on commercial disputes, including breach of contract, fraud, and unfair competition. He has litigated cases on behalf individuals and corporations, both plaintiffs and defendants, in courts around the country at the trial and appellate levels, and in arbitration proceedings. Having served for more than 20 years as Special Litigation Counsel at the U.S. Department of Justice, Mr. Koslowe has extensive experience in a wide variety of claims brought under federal statutes, including the federal securities and banking laws, the federal health laws and regulations, the Copyright Act, and the Foreign Sovereign Immunities Act, and he is a member of, and has litigated cases in, the specialized federal courts, including the U.S. Court of Federal Claims and the U.S. Court of International Trade. In addition, Mr. Koslowe has conducted internal corporate investigations related to the Foreign Corrupt Practices Act and federal “whistleblower” statues, and has defended clients in white-collar criminal matters. Finally, Mr. Koslowe has advised and defended a variety of educational institutions regarding claims of discrimination and retaliation.

Representative Experience

Private Practice

  • Obtained large settlement for corporate client on product liability and copyright infringement claims following two-week federal district court jury trial

  • Prevailed on summary judgment in federal district court, federal court of appeals, and U.S. Supreme Court defending foreign residents against multi-million dollar claim of human trafficking

  • Obtained dismissal in federal district court and federal court of appeals of multi-million-dollar foreign expropriation claim by ex-Venezuelan banker

  • Prevailed on summary judgment in state court on claim of breach of fiduciary duty against leading real estate developer

  • Obtained dismissal in federal district court of multi-million-dollar unlawful conduct claim under the laws of the Republic of Kazakhstan against corporate client and its president

  • Prevailed on summary judgment in federal district court on claim of fraudulent inducement brought by foreign investor in U.S. real estate venture

  • Prevailed on summary judgment in U.S. Court of International Trade on claim of improper assessment of duties by U.S. Customs and Border Protection against steel company

  • Prevailed on trial in state court on claim of wrongful termination of employment against leading internet service provider

  • Obtained summary judgment in federal district court on claim of denial of admission and discrimination against international school for autistic pupils

  • Obtained summary judgment in state court on behalf of private elementary school against claim of discriminatory dismissal

  • Obtained dismissal in state court of claim of discriminatory denial of membership in national academic research organization

  • Defended corporate executives in Bankruptcy Court reorganization proceedings

  • Represented large power company in arbitrated dispute over supply of electrical power

  • Conducted internal investigations for U.S. corporate clients on allegations of violations of the Foreign Corrupt Practices Act

  • Negotiated termination of potential criminal prosecution by U.S. Attorney and Securities and Exchange Commission against hedge fund manager accused of insider trading

Government Practice

  • Lead counsel for the United States in three-month trial in federal district court and successful settlement of multi-million-dollar suit for “just compensation” brought by Estate of former President Richard Nixon

  • Represented former Attorney General Janet Reno in federal district court in connection with Independent Counsel and grand jury investigation of former President Bill Clinton

  • Obtained dismissal in federal district court of claims of obstruction of justice, destruction of records, and witness intimidation against White House officials

  • Successfully defended in federal district court Pentagon media rules during Gulf War

  • Successfully defended in federal district court White House policies on disbursement of foreign aid to foreign non-governmental organizations

  • Advised Secretary of Treasury and Office of Management and Budget on litigation vulnerabilities resulting from government-wide shutdown

  • Successfully defended Department of Education in federal district court and federal courts of appeals in recoupment from state agencies of millions of dollars of student loan fees

Civic 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

Education

Harvard Law School, J.D.

  • Felix Frankfurter Scholarship

Yeshiva University, B.A.

  • magna cum laude

Previous Experience

  • Shearman & Sterling LLP, Counsel
  • United States Department of Justice, Civil Division, Special Litigation Counsel
  • United States Department of Justice, Civil Division, Appellate Staff Attorney

Clerkships

  • U.S. District Court for the Northern District of Georgia, The Hon. Newell Edenfield, 1971-1973

Admissions

  • District of Columbia
  • Georgia
  • New York
  • U.S. Supreme Court
  • U.S. Court of Appeals for the 2nd Circuit
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. Court of Appeals for the 10th Circuit
  • U.S. Court of Appeals for the 11th Circuit
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. Court of Appeals for Veterans Claims
  • U.S. Court of Federal Claims
  • U.S. Court of International Trade
  • U.S. Tax Court

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