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Steven S. Rosenthal

Steven S. Rosenthal
Partner, Chair, Washington, D.C. Litigation
steven.rosenthal@kayescholer.com

Washington, DC
T: +1 202 682 3553

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Steven S. Rosenthal has extensive trial court, arbitration and appellate experience on matters involving commercial law, constitutional law and all aspects of administrative practice. He has argued noted cases before the United States Supreme Court and before the United States Courts of Appeals and state appellate courts throughout the United States. In April 2013, he argued before the United States Supreme Court a high-profile case on behalf of the Port of the City of Los Angeles, involving whether federal law restricts the ability of the Port to condition entry of trucks onto its property as part of its Clean Truck Program. Previously, he was victorious in a case heard by the United States Supreme Court in which the Court held that imposition of Social Security taxes on federal judges in office at the time of passage was an unconstitutional diminution of their compensation.

In addition to representing major private companies in litigation, Steven has also represented major governmental entities such as the City of Los Angeles, the Port Authority of New York and New Jersey and the California State Controller in both trial and appellate matters. He has been representing major international airports for over twenty-five years on regulatory and litigation matters and was lead counsel in four landmark cases involving airport rates and charges.

Steven’s arbitration experience has involved the successful representation of companies in international disputes. His experience on matters of administrative law have involved judicial review of rulemakings and adjudications undertaken by various federal agencies under a wide variety of statutory regimes.

Steven received his JD degree in 1974 from Harvard Law School and his BA degree in 1971 from Dartmouth College. He graduated from both institutions magna cum laude. Following law school, he was a law clerk to Circuit Judge Malcolm Richard Wilkey of the United States Court of Appeals for the District of Columbia Circuit in Washington, DC.

Steven is a member of the California, District of Columbia and Florida Bars. He was elected to the American Law Institute in 1991 and is listed in Who’s Who in America, Benchmark Litigation, The Best Lawyers in America and numerous similar publications. He is a trustee and former president of Family Matters of Greater Washington, the area’s largest comprehensive social services agency.

Select Representative Matters

United States Supreme Court

  • Am. Trucking Associations v. City of Los Angeles, 569 U.S. ___ (2013)
  • United States v. Hatter, 532 U.S. 557 (2001)
  • NationsBank of North Carolina, N.A. v. Variable Annuity Life Ins. Co., 513 U.S. 251 (1995)

United States Courts of Appeal

  • Am. Trucking Associations v. City of Los Angeles, 660 F.3d 384 (9th Cir. 2011)
  • Am. Trucking Associations v. City of Los Angeles, 596 F.3d 602 (9th Cir. 2010)
  • Alaska Airlines, Inc. v. U.S. Dep’t. of Transportation, 575 F.3d 750 (D.C. Cir. 2009)
  • Dias v. City & County of Denver, 567 F.3d 1169 (10th Cir. 2009)
  • Am. Trucking Associations v. City of Los Angeles, 559 F.3d 1046 (9th Cir. 2009)
  • Bank of America FSB v. Doumani, 495 F.3d 1366 (Fed. Cir. 2007)
  • Port Auth. of N.Y. & N.J. v. U.S. Dep’t. of Transportation, 479 F.3d 21 (D.C. Cir. 2007)
  • Astrium S.A.S. v. TRW, Inc., 455 F.3d 1092 (9th Cir. 2006)
  • Home Savings of America v. United States, 399 F.3d 1341 (Fed. Cir. 2005)
  • Boca Airport, Inc. v. U.S. Federal Aviation Admin., 389 F.3d 185 (D.C. Cir. 2004)
  • California Federal Bank v. United States, 245 F.3d 1342 (Fed. Cir. 2001)
  • Glendale Fed. Bank, FSB v. United States, 239 F.3d 1374 (Fed. Cir. 2001)
  • City of Los Angeles v. U.S. Federal Aviation Admin., 239 F.3d 1033 (9th Cir. 2001)
  • Hatter v. United States, 203 F.3d 795 (Fed. Cir. 2000) (en banc)
  • Hatter v. United States, 185 F.3d 1356 (Fed. Cir. 1999)
  • City of Los Angeles v. U.S. Dep’t of Transportation, 179 F.3d 937 (D.C. Cir. 1999)
  • City of Los Angeles v. U.S. Dep’t of Transportation, 165 F.3d 972 (D.C. Cir. 1999)
  • Shane v. United States, 161 F.3d 723 (Fed. Cir. 1998)
  • Public Service Co. v. Patch, 136 F.3d 197 (1st Cir. 1998)
  • Ariadne Financial Services Pty. v. United States, 133 F.3d 874 (Fed. Cir. 1998)
  • Air Transport Ass’n v. U.S. Dep’t of Transportation, 119 F. 3d 38 (D.C. Cir. 1997)
  • City of Los Angeles v. U.S. Dep’t of Transportation, 103 F.3d 1027 (D.C.  Cir. 1997)
  • National Elec. Mfrs. Assn. v. U.S. Environmental Protection Agency, 99 F.3d 1170 (D.C. Cir. 1996)
  • Hatter v. United States, 64 F.3d 647 (Fed. Cir. 1995)
  • Variable Annuity Life Ins. Co. v. Clark, 49 F.3d 128 (5th Cir. 1995)
  • Conservation Law Foundation of N.E. v. U.S. Federal Highway Admin., 24 F.3d 1465 (1st Cir. 1994)
  • Variable Annuity Life Ins. Co. v. Clark, 998 F.2d 1295 (5th Cir. 1993)
  • International Fabricare Inst. v. U.S. Environmental Protection Agency, 972 F.2d 384 (D.C. Cir. 1992)
  • Hatter v. United States, 953 F.2d 626 (Fed. Cir. 1992)
  • City & County of San Francisco v. U.S. Federal Aviation Admin., 942 F.2d 1391 (9th Cir. 1991)
  • Woodall v. Miller, 856 F.2d 199 (11th Cir. 1988)
  • Arctic Slope Regional Corp. v. FERC, 832 F.2d 158 (D.C. Cir. 1987)
  • City & County of San Francisco v. Engen, 819 F.2d 873 (9th Cir. 1987)
  • Independent Bankers Ass’n v. Marine Midland Bank, 757 F.2d 453 (2nd Cir. 1985)
  • Association of Data Proc. Orgs. v. Board of Govs. of Fed. Reserve Sys., 745 F.2d 677 (D.C. Cir. 1984)
  • Environmental Defense Fund v. U.S. Environmental Protection Agency, 672 F.2d 42 (D.C. Cir. 1982)
  • American Paper Institute v. U.S. Environmental Protection Agency, 660 F.2d 954 (4th Cir. 1981)
  • United Steelworkers of Am. v. Marshall, 647 F.2d 1189 (D.C. Cir. 1980)
  • Environmental Defense Fund v. U.S. Environmental Protection Agency, 636 F.2d 1267 (D.C. Cir. 1980)
  • Ashton v. Civiletti, 613 F.2d 923 (D.C. Cir. 1979)

State Cases

  • David A. Gilb v. John Chiang, 111 Cal. Rptr. 3d 822 (Cal. Ct. App. 2010)
  • Washkoviak v. Sallie Mae, 900 A.2d 168 (D.C. 2006)
  • Washkoviak v. Sallie Mae, 849 A.2d 37 (D.C. 2004)
  • In Re: E.D.R. 772 A.2d 1156 (D.C. 2001)
  • Moore Business Forms v. Cordant Holdings Corp., 1996 Del Ch. Lexis 56 (Del. Chancery Court 1996)
  • In Re: Advisory Opinion to the Governor, 509 So.2d 292 (Fla. 1987)

United States District Courts

  • Am. Trucking Associations v. City of Los Angeles, 2010 U.S. Dist. Lexis 88134, 118949 (C.D. Cal. 2010)
  • Board of Trustees of Unite Here v. MR Watergate, LLC, 677 F. Supp. 2d 229 (D.D.C. 2010)
  • Federal Maritime Commission v. City of Los Angeles, 607 F. Supp. 2d 192 (D.D.C. 2009)
  • Am. Trucking Associations v. City of Los Angeles, 2008 U.S. Dist Lexis 99691 (C.D. Cal. 2008)
  • American Airlines, Inc. v. City of Los Angeles, 2008 U.S. Dist. Lexis 91122 (C.D. Cal. 2008)
  • CylinkCorp. v. Schnorr, 939 F. Supp. 39 (D.D.C. 1996)
  • Citibank, FSB v. Federal Deposit Insurance Corp., 836 F. Supp. 3 (D.D.C. 1993)
  • Puerto Rico Conservation Foundation v. Larson, 797 F. Supp. 1074 (D.P.R. 1992)
  • Puerto Rico Conservation Foundation v. Larson, 797 F. Supp. 1066 (D.P.R. 1992)
  • United States v. ESIC Capital Inc., 675 F. Supp. 464, 675 F. Supp. 1462 (D. Md.1988)
  • United States v. ESIC Capital, Inc., 685 F. Supp. 483 (D. Md. 1988)
  • Alaska Oil Co. v. Alaska, 45 B.R. 358 (D. Alaska 1985)
  • No Oilport! v. President Carter, 520 F. Supp. 334 (W.D. Wash. 1981)

United States Court of Federal Claims

  • Bank of America v. United States, 70 Fed. C1. 246 (2006); 67 Fed. C1. 577 (2005)
  • Home Savings of America v. United States, 70 Fed. Cl. 303 (2006); 69 Fed. Cl. 187 (2005); 57 Fed. C1. 694 (2003)
  • Shoshone Indian Tribe of the Wind River Reservation v. United States, 52 Fed. Cl. 614 (2002)
  • Bank of America, F.S.B. v. United States, 55 Fed. C1. 670 (2003); 51 Fed. Cl. 500 (2002)
  • Coast Federal Bank, FSB v. United States, 49 Fed. C1. 11 (2001); 49 Fed. Cl. 53 (2001)
  • Coast Federal Bank, FSB v. United States, 48 Fed. Cl. 402 (2000)
  • California Federal Bank v. United States, 43 Fed. Cl. 445 (1999)
  • Hatter v. United States, 38 Fed. Cl. 166 (1997)
  • Plaintiffs In Winstar-Related Cases v. United States, 37 Fed. Cl. 174 (1997)
  • California Federal Bank v. United States, 39 Fed. Cl. 753 (1997)
  • Hatter v. United States, 31 Fed. Cl. 436 (1994)
  • Hatter v. United States, 21 Fed. Cl. 786 (1990)

Practice Areas

Education

Harvard Law School, JD, magna cum laude, 1974

Dartmouth College, BA, magna cum laude, 1971

Clerkship

Law Clerk to Judge Malcolm Richard Wilkey, United States Court of Appeals for the District of Columbia Circuit

Bar Admission(s)

California

District of Columbia

Florida

 
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