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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

White Collar & Investigations

Won acquittal on all charges against president of travel and hospitality company after a two-week federal criminal trial (United States v. Khawaja, 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., No. 1:20-cv-4577 (N.D. Ill.))
Chief Operations Officer charged with conspiring to commit bank and wire fraud (D. Mass. pending)
Chief Compliance Officer of a global cryptocurrency company in CFTC proceeding (N.D. Ill. pending)
Individual in Special Counsel investigation resulting in no charges
Executive in federal criminal investigation resulting in no charges
Senior executive in internal investigation ending on highly favorable terms
Government employees in high-profile investigation ending in no adverse action
Professional services company in federal criminal investigation resulting in no charges
Senior executive of Fortune 100 company in federal false claims investigation resulting in no liability
Leading hospital system in internal investigation
Chief Executive Officer in federal criminal investigation
Former executive of prominent technology company in federal criminal investigation
Advised foreign Chief Executive Officer regarding risks of criminal prosecution in the United States

Complex Commercial Litigation

Won judgment for world-famous art museum in suit to protect its intellectual property rights (Musée du Louvre v. SEE Global Attractions, Inc., No. 22-cv-6733 (N.D. Ill.))
Retired federal judge in contract dispute (N.D. Ind. pending)
Leading insurance company in federal civil RICO suit (D.S.C. pending)
Leading French greenhouse manufacturer in patent suit (N.D. Ill. pending)
Investment management firm in a commercial dispute with global investment bank (N.Y. Sup. Ct. pending)
Education technology investment company in dispute with major credit card company
Multinational bank seeking to recognize and enforce foreign judgment against a foreign sovereign (D.D.C. pending)
Putative class of purchasers of medical products in an antitrust suit against medical-device manufacturer and distributors (S.D. Ill. & 7th Cir.)

Appellate

Won important merits-stage case involving the dormant Commerce Clause before the U.S. Supreme Court on behalf of official proponents of a California ballot initiative (National Pork Producers Council v. Ross, 598 U.S. ---- (2023))
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))
The National Association of Criminal Defense Lawyers as merits‐stage amicus curiae 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))
The National Association of Criminal Defense Lawyers as amicus curiae in appeal from “Varsity Blues” prosecutions (United States v. Abdelaziz, 68 F.4th 1 (1st Cir. 2023))
Nobel-prize winning scientists in dispute over patent rights to revolutionary CRISPR gene-editing technology (Fed. Cir. pending)
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)
Leading cellular wireless technology company in support of its petition for a writ of certiorari in the U.S. Supreme Court (Ericsson Inc. v. TCL Communication Technology Holdings, Ltd., 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., No. 20-1394 (U.S.))
Leading economist and scholar as amicus curiae in In re EpiPen Litigation (In re EpiPen Antitrust Litig., 44 F.4th 959 (10th Cir. 2022))

Kenneth Notter

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