Noah Schottenstein

Of Counsel

Co-Leader, Private Funds Disputes

About

Noah Schottenstein is a former Trial Attorney with the US Department of Justice and a former Assistant United States Attorney for the Western District of Texas. He is an experienced litigator who has represented the United States in over 25 different federal trial and appellate courts. He has also worked with senior government officials at all stages of enforcement matters, from investigations through trials, appeals, and at the US Supreme Court.

Noah started his legal career through the DOJ Honors Program in Washington DC. While there, Noah worked on the Mortgage Fraud Task Force, the US$25 billion National Mortgage Settlement, the National Mortgage Settlement Oversight Committee, SIGTARP oversight, and other investigations and litigation involving financial fraud, public integrity, and consumer protection matters of national importance. In handling these matters, Noah was routinely called upon to advise senior DOJ officials, supervise nationwide litigation efforts, and coordinate with representatives from other federal agencies.

As an Assistant United States Attorney, Noah was responsible for investigating and litigating matters including healthcare fraud under the False Claims Act, Anti-Kickback Statute, and Stark Law; regulatory enforcement actions; lawsuits filed against the government under the Federal Tort Claims Act and the Administrative Procedure Act; and representing the interests of the United States and various federal agencies in bankruptcy litigation.

In private practice, Noah is a co-leader for the firm's Private Fund Disputes practice. His practice focuses on institutional investors, with an emphasis on public investment systems, sovereign wealth funds, and development finance institutions, as well as financial services companies of all types. Noah represents clients in all aspects of complex business and regulatory matters, including investigations, litigation, regulatory compliance, corporate governance, and investment partnership structuring. In his government-facing practice, Noah advises clients on matters involving fraud and consumer protection matters, including unfair, deceptive, or abusive acts or practices (UDAAP), consumer disclosures (TILA), mortgage lending (RESPA), payments (EFTA), and consumer lending and debt collection (ECOA, FDCPA).

Areas of FocusLitigation, Arbitration and Investigations Restructuring Financial Services Healthcare Finance

Bar admissionsTexasVirginia

CourtsAll Texas state courtsAll Virginia federal and state courtsAll Washington, DC federal and state courtsUnited States District Court for the District of ColoradoUnited States District Court for the Northern District of TexasUnited States District Court for the Southern District of TexasUnited States District Court for the Western District of TexasUnited States District Court for the Eastern District of VirginiaUnited States District Court for the Southern District of OhioUnited States District Court for the Western District of OklahomaUnited States Court of Appeals for the Second CircuitUnited States Court of Appeals for the Fourth CircuitUnited States Court of Appeals for the Fifth CircuitUnited States Court of Appeals for the Ninth CircuitUnited States Court of Appeals for the Tenth Circuit

EXPERIENCE

Private Practice / Representative Matters

Developed novel US$1.2 billion state False Claims Act prosecution for a public investment fund
Conducted investigation into potential fraud concerning an over US$200 million fund investment
Advised institutional investors on LP-lead fund restructuring of US$300 million in fund value
Developed successful sovereign immunity defense for public pension fund client in an investment dispute
Advised multiple public pension funds on ESG investments and related corporate governance issues
Represented credit fund in asset recovery and bankruptcy litigation matters
Represented replacement GP in post-removal dispute with former GP over fund control
Represented LPs in various partnership disputes with GPs over matters such as expense reimbursements, fee/waterfall calculations, reporting and compliance obligations, MFN clause elections, and fund terminations
Advised sovereign wealth fund on litigation and corporate governance policies
Advised LPs on dispute related provisions in various investment partnership and other contract negotiations

Governmental Practice / Representative Matters

Supervised nationwide, multi-district litigation against national banks and mortgage servicers that resulted in the US$25 billion National Mortgage Settlement
Assisted the Office of the Solicitor General with over a dozen matters before the Supreme Court
Represented the United States in numerous bankruptcy and investment fraud matters, including the Yellowstone Club, Fletcher Asset Management, Petters Group Worldwide, Solyndra, and Lehman Brothers
Assisted with joint DOJ-FTC case asserting UDAP claims against Bank of America
Advised senior government officials on civil enforcement actions against financial institutions for false claims and fraud on government sponsored entities
Assisted with multi-agency fraud investigation into mortgage securitization practices
Assisted with numerous multi-district health care fraud investigations
Led case against bankruptcy and investment fraud scheme targeting immigrant communities
Assisted with multi-jurisdictional case against mortgage servicer for falsifying loan documents.

Education

J.D., University of Virginia School of Law

B.A., The Ohio State University

Publications