Adam Kleven

(U.S.) – Principal drafter of successful cert-stage briefs, resulting in the U.S. Supreme Court’s summary reversal of the Fifth Circuit’s rule barring plain-error review of factual issues in criminal cases

(U.S.) – Member of briefing team in U.S. Supreme Court merits case concerning the False Claims Act’s scienter standard, which asks whether a defendant “knowingly” submitted a false claim to the government

(D.C. Cir.) – Representing a midstream company in a pending petition for review from a ratemaking proceeding at FERC, which includes issues regarding the rule against retroactive ratemaking, and statutory and regulatory interpretation questions under the Natural Gas Act

(5th Cir.) – Drafted amicus brief on rate design, Administrative Procedure Act, and statutory issues in a pending case about intrastate pipeline rates under the Natural Gas Policy Act

(U.S.) – Served as lead counsel of record for a cert-stage amicus brief on federal constitutional law issues related to the Double Jeopardy Clause and mistrials

(6th Cir.) – Lead counsel in a pending appeal from a criminal trial, which involves issues related to Federal Rule of Criminal Procedure 16 and the harmless error standard 

(D.C. Cir.) – Drafted appellate brief in an appeal concerning the False Claims Act’s public disclosure bar, in which the court held that FCC licensing proceedings qualify as a Federal hearing under the public disclosure bar

(11th Cir.) – Served as lead counsel of record for an amicus brief on the doctrines of mootness and voluntary cessation in a case involving federal constitutional law claims

(D.C. Cir.) – Drafted appellate briefs in case concerning the U.S. Tax Court’s jurisdiction over whistleblower claims

(8th Cir.); (E.D. Mo.) – Drafted post-trial and appellate briefs on punitive damages issues in a tort lawsuit; resulted in a post-trial reduction of the punitive damages award, which was vacated on appeal with a remand for a new trial on the punitive damages issue

(Cal. Ct. App.) – Drafted successful appellate brief securing affirmance of jury trial verdict in favor of an airline in a wrongful death case, and affirmance on the application of immunity under the Aviation and Transportation Security Act

(2d Cir.); (S.D.N.Y.) – Briefed a successful motion to dismiss a qui tam action based on the False Claims Act’s materiality standard in a case involving FDA’s cGMP (Current Good Manufacturing Practice) regulations, which the Second Circuit affirmed on appeal

(D.N.J.) – Briefed a successful motion to dismiss a lawsuit brought by a plaintiff alleging correction of inventorship claims on numerous patents and a conspiracy claim based on fraud; secured a favorable ruling that the claims were barred by res judicata and that the inventorship claims were barred as untimely by the doctrine of laches (marking only the second time laches has been applied to an inventorship claim on a motion to dismiss)

(N.D. Ill.) – Briefed a successful motion to dismiss a qui tam action based on the False Claims Act’s public disclosure bar and scienter element