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

• Trump Indictment Tests Congress’s Role in State Investigations, Bloomberg Law (May 18, 2023) (with Eric Nitz)

• Trump Docs Investigation Has Lessons For White Collar Attys, Law360 (Mar. 7, 2023)

• A New Era of Corporate Criminal Enforcement, New York State Bar Association, INSIDE (Feb. 15, 2023)
• What to Expect From the Select Subcommittee on the Weaponization of the Federal Government, National Law Journal (Jan. 19, 2023) (with Eric Nitz) 
• High Court Case Could Have Systemwide Impact On Venue, Law360 (Jan. 17, 2023)
• How Fund Managers Can Handle Insider Trading Risks After U.S. v. Chow, Hedge Fund Law Report (June 24, 2021) (with Justin Shur & Jessica Ortiz)
• Looking Forward: Congressional Investigations & Oversight in the 117th Congress, Younger Lawyers Division of the Federal Bar Association (Spring 2021) (with Eric Nitz)
• New York’s Latest Experiment in Antitrust Law, New York Law Journal (Mar. 1, 2021) (with Lauren Weinstein)
• The Importance of Purpose in Avoiding Unintentional Waiver of the Attorney-Client Privilege, Corporate Disputes (Jan. 2021) (with Gerald Meyer & Lauren Dayton)

News & Appearances

• Justices Say Calif. Pork Law Withstands Commerce Concerns, Law360 (May 11, 2023)
• Court Upholds California Animal-Welfare Law, SCOTUSblog (May 11, 2023)
• Binance and CEO Hire Gibson Dunn and Lathan to Face CFTC, Law360 (Apr. 25, 2023)
• The Future of Mail & Wire Fraud, 7th Circuit Bar Association (Apr. 6, 2023)

• Lessons from the Select Subcommittee on the Weaponization of the Federal Government, Celesq (Mar. 20, 2023)

• Louvre Museum Says Digital Mall Simulation Rips Off TM, Law360 (Dec. 2, 2022)

• Fed. Circ. Lets Uniloc Keep Suing Google, Not 2 Others, Law360 (Nov. 4, 2022)

• Fed Circ. Urged To Undo PTAB's Gene-Editing Patent Ruling, Law360 (Oct. 12, 2022)

• Justices Ponder Broder Impacts of Case Beyond Pork, Law360 (Oct. 11, 2022)
• UK Trading Firm Says It Can't Be Blamed For Oil Crash, Law360 (Oct. 7, 2022)
• Fed. Circ. Questions Axed Standing In Uniloc's Google Suit, Law360 (Sept. 6, 2022)
• IP Forecast: Patent Biz To Fight For Its Right To Keep Suing, Law360 (Sept. 1, 2022)
• Calif. Tells Justices Animal Care Law Is On Solid Ground, Law360 (Aug. 8, 2022)
• Retired Mass. Judge, Ex-US Attys Back 'Varsity Blues' Appeal, Law360 (May 6, 2022)
• How to Break Into Antitrust as a Young Lawyer, ABA Young Lawyers Division (Apr. 2022)
• Ignore SG, Texas Patent Biz Pleads At High Court, Law360 (Apr. 22, 2022)
• Litigator of the Week Runners-Up and Shout Outs, The AmLaw Litigation Daily (Mar. 18, 2022)
• Jury Acquits One Defendant of Conspiring to Funnel Millions to Back Clinton in 2016, Politico (Mar. 10, 2022)
• Justices Want SG's Take On Follow-Up Patent Suit Limits, Law360 (Oct. 4, 2021)
• Justices Tell Amazon Customers To Defend Follow-Up Rules, Law360 (May 26, 2021)
• Software Co. Fights Rules On Follow-Up Suits At High Court, Law360 (Apr. 7, 2021)
• Ericsson Asks Justices To Undo Toss Of $110M Patent Win, Law360 (Feb. 18, 2021)
• Becton Buyers Defend Revived Antitrust Suit, Law360 (Jan. 11, 2021)