Kenneth Notter

Kenneth Notter’s practice focuses on complex criminal and civil matters in state and federal courts.  He litigates at every level of the judicial system, from trial courts to the U.S. Supreme Court, and regularly represents clients in high-stakes criminal and civil investigations brought by the Department of Justice and other state and federal regulators.

Mr. Notter is a skilled trial lawyer.  He has cross-examined witnesses at trial, deposed witnesses, drafted jury instructions, and argued critical motions.  Along 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 before the First, Seventh, Ninth, Tenth, Eleventh, and Federal Circuits involving complex legal issues.  He has also assisted in drafting a merits brief, multiple petitions for certiorari, and several amicus briefs 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.  With that experience, he builds cases that persuade juries 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

• President of travel and hospitality company in a two-week federal criminal trial ending in an acquittal on all charges
• Chief Operations Officer charged with conspiring to commit bank and wire fraud
• Individual in Special Counsel investigation
• Business executive in confidential criminal investigation
• Commodities trader accused of market manipulation in a federal civil suit
• Government employees in high-profile confidential investigation
• 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
• Retired federal judge in contract dispute
• 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
• National criminal defense attorney associations as amici in an appeal from the “Varsity Blues” prosecutions
• Investment management firm in a commercial dispute with global investment bank
• Nobel-prize winning scientists in dispute over patent rights to revolutionary CRISPR gene-editing technology
• World-famous art museum in suit to protect its intellectual property rights
• Official proponents of a California ballot initiative as respondents in merits-stage case before the U.S. Supreme Court involving the dormant Commerce Clause.
• Putative class of purchasers of medical products in an antitrust suit against medical-device manufacturer and distributors
• Online directory before the Ninth Circuit in case involving First Amendment and state-law protections for directories of professional and business information
• Victims seeking compensation for trafficking in their property that was wrongfully confiscated by the Castro regime
• 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
• 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

• What to Expect From the Select Subcommittee on the Weaponization of the Federal Government, National Law Journal (Jan. 19, 2023)
• 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

• 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)