Kenneth Notter

Kenneth Notter litigates complex civil and criminal matters in state and federal courts.  He is a skilled advocate with experience at every stage of a case.  Mr. Notter has helped guide clients through sensitive government investigations and advised clients in commercial matters to reach successful pre-suit resolutions.  In his trial-level cases, Mr. Notter has deposed and prepared fact witnesses, drafted and argued critical motions, and cross-examined witnesses at trial.  Mr. Notter has briefed federal appeals before the First, Tenth, and Federal Circuits involving complex legal issues.  He has also assisted in drafting a merits brief and multiple petitions for certiorari before the U.S. Supreme Court.

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.  That experience enables him to build a case that will persuade a judge or jury at trial and hold up on appeal.  During law school, he worked as a research assistant for Professors Michael Klarman and Jack Goldsmith.

Representative Matters

• Business executive in a two-week federal criminal trial ending in an acquittal on all charges
• Commodities trader accused of market manipulation in a federal civil suit
• National criminal defense attorney associations as amici in an appeal from the “Varsity Blues” prosecutions
• Professional services company in connection with a Department of Justice criminal investigation
• Senior executive of Fortune 100 company in connection with Department of Justice civil false claims investigation
• Investment management firm in a commercial dispute with global investment bank
• Putative class of purchasers of medical products in an antitrust suit against medical-device manufacturer and distributors
• Multinational bank seeking to recognize and enforce foreign judgment against a foreign sovereign
• Leading cellular wireless technology company in support of its petition for a writ of certiorari in the United States Supreme Court 
• Patent holder in support of a petition for a writ of certiorari in the United States Supreme Court 
• Patent holder in series of appeals before the Federal Circuit challenging rulings dismissing patent infringement suits for lack of Article III standing
• Representation of leading economist and scholar as amicus curiae in In re EpiPen Litigation

Publications

• 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

• 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 (April 2022)
• Ignore SG, Texas Patent Biz Pleads At High Court, Law360 (April 22, 2022)
• Litigator of the Week Runners-Up and Shout Outs, The AmLaw Litigation Daily (March 18, 2022)
• Jury Acquits One Defendant of Conspiring to Funnel Millions to Back Clinton in 2016, Politico (March 10, 2022)
• Justices Want SG's Take On Follow-Up Patent Suit Limits, Law360 (October 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 (April 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)