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Kenneth Notter

Kenneth Notter’s practice focuses on white-collar criminal matters and complex commercial disputes.  He has litigated – and won – at every level of the judicial system, from trial courts to the U.S. Supreme Court.  He also regularly represents clients in grand jury proceedings and high-stakes criminal and civil investigations.

Mr. Notter is a skilled trial lawyer.  He has cross-examined witnesses at trial, deposed witnesses, and argued critical motions.  Working with other members of the MoloLamken team, Mr. Notter was instrumental in securing an acquittal in a campaign finance prosecution following a jury trial in federal court in Washington, DC.

Through strong advocacy, Mr. Notter has also guided clients to pretrial wins.  He has persuaded courts to dismiss charges with prejudice and convinced prosecutors not to file charges at all.

In his appellate practice, Mr. Notter has briefed federal appeals involving complex legal issues before the First, Seventh, Ninth, Tenth, Eleventh, and Federal Circuits.  He has also litigated before the U.S. Supreme Court, including in a merits case.

Before joining MoloLamken, Mr. Notter clerked for the Honorable Jerome A. Holmes of the United States Court of Appeals for the Tenth Circuit and the Honorable Gerald J. Pappert of the United States District Court for the Eastern District of Pennsylvania.  Clerking for trial and appellate courts gave him valuable insight into how judges and juries decide cases.  With that experience, he builds cases that win at trial and hold up on appeal. 

Representative Matters

  • Secured acquittal on all charges against president of travel and hospitality company after a two-week federal criminal trial (United States v. Khawaja et al., No. 1:19-cr-374 (D.D.C.))
  • Won complete dismissal of federal civil suit accusing a commodities trader of market manipulation (Mish Int’l Monetary Inc. v. Vega Capital London, Ltd. et al., No. 1:20-cv-4577 (N.D. Ill.))
  • Chief Operations Officer charged with conspiring to commit bank and wire fraud (D. Mass. pending)
  • Individual in Special Counsel investigation
  • Executive in confidential federal criminal investigation
  • Chief Executive Officer in confidential federal criminal investigation
  • Chief Compliance Officer of a global cryptocurrency company in CFTC proceeding (N.D. Ill. pending)
  • Senior executive in confidential internal investigation
  • Government employees in high-profile confidential investigation ending in no adverse action
  • Professional services company in federal criminal investigation that resulted in no charges
  • Senior executive of Fortune 100 company in federal false claims investigation that resulted in no liability
  • Retired federal judge in contract dispute (N.D. Ind. pending)
  • The National Association of Criminal Defense Lawyers as merits‐stage amicus before the U.S. Supreme Court in cases involving wire and honest services fraud (Ciminelli v. United States, 598 U.S. ---- (2023), Percoco v. United States, 598 U.S. ---- (2023))
  • National criminal defense attorney associations as amici in an appeal from the “Varsity Blues” prosecutions (United States v. Wilson, --- F.4th ---- (1st Cir. 2023))
  • Investment management firm in a commercial dispute with global investment bank (N.Y. Sup. Ct. pending)
  • Nobel-prize winning scientists in dispute over patent rights to revolutionary CRISPR gene-editing technology (Fed. Cir. pending)
  • World-famous art museum in suit to protect its intellectual property rights (N.D. Ill. pending)
  • Official proponents of a California ballot initiative as respondents in merits-stage case before the U.S. Supreme Court involving the dormant Commerce Clause (National Pork Producers Council v. Ross, 598 U.S. ---- (2023))
  • Putative class of purchasers of medical products in an antitrust suit against medical-device manufacturer and distributors (S.D. Ill. & 7th Cir.)
  • Online directory before the Ninth Circuit in case involving First Amendment and state-law protections for directories of professional and business information (9th Cir. pending)
  • Victims seeking compensation for trafficking in their property that was wrongfully confiscated by Fidel Castro’s regime (11th Cir. pending)
  • Multinational bank seeking to recognize and enforce foreign judgment against a foreign sovereign (D.D.C. pending)
  • Leading cellular wireless technology company in support of its petition for a writ of certiorari in the U.S. Supreme Court (Ericsson Inc. et al. v. TCL Communication Technology Holdings, Ltd. et al., No. 20-1130 (U.S.))
  • Patent holder in support of a petition for a writ of certiorari in the U.S. Supreme Court (PersonalWeb Technologies, LLC v. Patreon, Inc. et al., No. 20-1394 (U.S.))
  • Won appeal reversing dismissal of patent infringement suit for lack of Article III standing (Uniloc 2017 LLC v. Google LLC, 52 F.4th 1352 (Fed. Cir. 2022))
  • Leading economist and scholar as amicus curiae in In re EpiPen Litigation (In re EpiPen Antitrust Litig., 44 F.4th 959 (10th Cir. 2022))

Publications

News & Appearances

Clerkships

  • Law clerk to the Honorable Jerome A. Holmes, United States Court of Appeals for the Tenth Circuit
  • Law clerk to the Honorable Gerald J. Pappert, United States District Court for the Eastern District of Pennsylvania

Education

Harvard Law School, J.D., magna cum laude

Harvard Supreme Court Litigation Clinic

American University, B.A., summa cum laude

Phi Beta Kappa

Bar and Court Admissions

  • District of Columbia
  • Illinois
  • United States Courts of Appeals for the First, Seventh, Ninth, Tenth, Eleventh, and Federal Circuits
  • United States District Court for the District of Columbia
  • United States District Court for the Northern District of Illinois

Professional Affiliations

American Bar Association, Young Lawyers Division, Professional Development Member

Law360 Guest Contributor (White Collar)

Seventh Circuit Bar Association, Illinois Chair on Criminal Law and Procedure

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