Eric R. Nitz

Eric Nitz’s practice focuses on white collar investigations, complex civil litigation, patent litigation, and appellate litigation. He has represented senior governmental and corporate officials in investigations by the Department of Justice, various inspectors general, and Congress. He has argued before the D.C. and Federal Circuits, and has briefed appeals in the United States Supreme Court and numerous courts of appeals. He has tried cases and drafted dispositive, discovery, and evidentiary motions in district courts across the country.

Prior to joining MoloLamken, Mr. Nitz served as a law clerk to the Honorable Joel M. Flaum of the United States Court of Appeals for the Seventh Circuit. He also worked as an associate in the Washington, D.C. office of Winston & Strawn LLP. Before attending law school, Mr. Nitz was a high school science teacher and assistant track and field coach.

Representative Matters

Trial Court & Investigations

• Cabinet member in connection with Inspector General investigation
• Secret Service official in parallel investigations by Congress and Department of Homeland Security into handling of White House security breach
• Department of Homeland Security official in connection with investigation into Anti-Deficiency Act violation
• Employees of large software company in connection with accounting DOJ and SEC fraud and securities fraud investigations
• Senior White House official in connection with investigation by DOJ special prosecutor
• Senior Department of Veterans Affairs official in connection with parallel investigations by Congress, the Department of Justice, and the Department of Veterans Affairs inspector general
• Senior executive branch official in connection with DOJ gratuities and false statements investigation
• Senior executive of Fortune 100 company in connection with DOJ criminal and civil false claims investigation
• Senior Department of Veterans Affairs official in connection with inspector general investigation into improper contracting practices
• Senior IRS official in connection with inspector general investigation regarding improper use of government information technology
• Senior political and media consultant in connection with DOJ fraud investigation
• Former senior National Weather Service official in connection with congressional investigation into allegations of conflict of interest
• Senior ATF official in connection with DOJ inspector general investigation into disclosure of ATF documents
• Senior OPM official in connection with congressional investigation into data breach of the federal government
• Internal investigation for regulator regarding mishandling of confidential information
• Large Middle Eastern aviation support company in multidistrict tort litigation
• Retired NFL football players objecting to class action settlement in multidistrict tort litigation
• IRS officials in constitutional tort action under Bivens involving alleged violations of the First Amendment and Fifth Amendment
• Small laundry detergent manufacturer and patent holder in multiple patent infringement lawsuits

Appellate

• Ziglar v. Abbasi, 137 S. Ct. 1843 (2017) – Drafted successful petition for writ of certiorari and merits briefing winning reversal of Second Circuit decision that extended Bivens to a new context
• True the Vote v. IRS, 831 F.3d 551 (D.C. Cir. 2016) – Drafted briefs and presented oral argument defending dismissal of Bivens action brought against IRS officials, winning affirmance of the district court's decision
• Helman v. Dep't of Veterans Affairs, 856 F.3d 920 (Fed. Cir. 2017) – Drafted briefs and presented oral argument successfully arguing that part of the Veterans Access, Choice and Accountability Act of 2014 was unconstitutional
• In re NFL Players Concussion Litig., 821 F.3d 410 (3d Cir. 2016) – Drafted briefs challenging final approval of class action settlement
• Drone Techs., Inc. v. Parrot S.A., 838 F.3d 1283 (Fed. Cir. 2016) – Drafted briefs on behalf of defendant drone manufacturer in appeal from default judgment as discovery sanction, winning reversal of the district court's underlying discovery and sanctions orders, and vacatur of the default judgement
• Parrot S.A. v. Drone Techs., Inc., Nos.16-1884, 16-1885 (Fed. Cir.) – Drafted briefs in appeal from inter partes review decision, arguing that the patents under review were invalid as anticipated and obvious

Recent Publications

• Trump Indictment Tests Congress’s Role in State Investigations, Bloomberg Law (May 18, 2023) (with Kenneth Notter)
• A New Focus: Consequences of the Midterm Elections on Congress’ Investigative Agenda, The National Law Journal (November 14, 2022)

• Liu Is Dead, Long Live Liu: Spartan and Disgorgement After the NDAA, Hedge Fund Law Report (October 20, 2022)

• Supreme Court Primed to Further Narrow Application of Wire and Mail Fraud Statutes in Corruption Cases, Corporate Livewire's 2022 Fraud & White Collar Crime Expert Guide (September 16, 2022) (with Megan C. Church)
• A Jury of Your Peers: Fifth Circuit Ruling in Jarkesy v. SEC Broadly Expands the Right to a Jury Trial for SEC Actions, Hedge Fund Law Report (July 21, 2022)

• Into the Breach: How to Prepare for and Respond to Corporate Leaks, Bloomberg Law (May 24, 2022) (with Justin V. Shur and Walter H. Hawes IV)

• Looking Forward: Congressional Investigations & Oversight in the 117th Congress, Younger Lawyers Division of the Federal Bar Association (Spring 2021) (with Kenneth Notter)
• In the Hot Seat: Tips for Corporate Executives Testifying Before Congress, Corporate Counsel (April 15, 2021) (with Justin V. Shur)
• Recent Amendments to the Securities Exchange Act Pose New Risks for Private Fund Managers, Hedge Fund Law Report (February 25, 2021)
• Rolling with the Punches: How to Use Tough Criticism as a Young Lawyer, Nat’l L.J. (October 8, 2019)
• Playing the Long Game: Client Development Strategies for Young Lawyers, Nat’l L.J. (September 10, 2019)
• US v. Craig and the Criminalization of Nondisclosure, Law360 (August 2019) (with Emily K. Damrau)
• An American Lawyer in Queen Elizabeth’s Court, The Champion (March 2019) (with Steven F. Molo and Ekta Dharia)
• Prosecutors Avoid 5th Amendment Showdown In Libor Case, Law 360 (October 2018) (with Justin V. Shur)
• How the SEC May Circumvent the Five-Year Statute of Limitations on Disgorgement Under Kokesh, Hedge Fund Law Report (July 20, 2017) (with Justin V. Shur)
• ALJ Appointments Issue Now Primed For High Court Review, Law360 (July 17, 2017) (with Justin V. Shur)
• Navigating Overseas Discovery: Beware the Dangers of Foreign Law, Nat’l L.J. (May 20, 2014) (with Robert K. Kry)
• Note, Comparing Apples to Apples: A Federalism-Based Theory for the Use of Founding-Era State Constitutions To Interpret the Constitution, 100 Geo. L.J. 295 (2011)