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Noah Schottenstein

Noah Schottenstein

Abogado

Co-Leader, Private Funds Disputes

DallasHouston
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 FocusLitigios, arbitraje e investigacionesReestructuraciónServicios financieros Cuidado de la salud Finanzas
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

Seminars

  • Presenter, "Examining the Legal Challenge to the Private Fund Adviser Rules," Private Presentation, November 2023
  • Presenter, "Focus on Investment Agreements and Disputes Terms," Private Presentation, April 2023
  • Presenter, "Cryptocurrency and Bankruptcy: What Lawyers Need to Know Now That "Crypto Winter" is Here," Practicing Law Institute, September 2022
  • Presenter, "Using Third Parties: What to Watch for and What You Should Be Doing Now," DLA Piper Webinar, May 2022
  • Presenter, "UDAAP Deep Dive: Emerging Issues and Trends for 2021," DLA Piper Webinar, July 2021
  • Presenter, "Fair Lending Deep Dive," DLA Piper Webinar, June 2021
  • Presenter, "Restructuring Boot Camp Part 2: Legal Principles and Ethics," Turnaround Management Association, May 2021
  • Presenter, "Consumer Financial Services: Regulatory and Enforcement Trends for 2021," DLA Piper Webinar, April 2021
  • Presenter, "Winter Storm Uri's Legal, Economic and Political Impact on the Texas Energy Market," DLA Piper Webinar, May 2021
  • Presenter, "Legal & Operational Challenges of Servicing in the COVID Era," DLA Piper Webinar, November 2020

Media Mentions

My latest insights

Publication

A short guide to investor engagement: Three key steps for managers as they navigate...

2 de julio de 2024 .3 minute read

Publication

Court denies motion to dismiss claims in novel anti-ESG investing lawsuit

4 de marzo de 2024 .4 minute read

Publication

Managing your alternatives portfolio in a distressed market: Five things institutional...

5 de febrero de 2024 .4 minute read

View All

Connect

Phone

+1 214 743 4514
(Work, Dallas)
+1 713 425 8414
(Work, Houston)
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