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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

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Master Class in Labor Relations and Employment Law

Class Action Defense 2024 Year in Review Webinar

Statement by BakerHostetler Chair Paul Schmidt on Passing of Partner David Rivkin, Jr.

Nationwide CTA Injunction Is Back in Effect. What Happens Now?

David Rivkin was a member of BakerHostetler’s litigation, international and environmental teams, and served as the firm’s Appellate and Major Motions team co-leader. He had extensive experience in constitutional, administrative and international law litigation and was involved in numerous high-profile cases. With his prior experience in the government sector, David drew on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.

David developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and was a frequent commentator and guest on TV and radio shows, including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.

core/freeform

J.D., Columbia University School of Law, 1985

M.A., Georgetown University, 1984, 

B.S.F.S., Georgetown University, 1980

<ul>
<li>Burton Award for Legal Achievement (2011)</li>
<li>U.S. Naval Proceedings Annual Alfred Thayer Mahan Award for best maritime affairs article (1984)</li>
<li>Washington, D.C., &#8220;Super Lawyer&#8221; (2007 to 2008, 2014 to 2024)</li>
</ul>

Washington, D.C.

Supreme Court Agrees to Hear Case Challenging Federal Tax on Unrealized Income

David Rivkin, Andrew Grossman and Richard Raile Author Report on Elections Clause and Upcoming Supreme Court Case

150 BakerHostetler Attorneys Named 2016 Super Lawyers; 91 Named Rising Stars

Bloomberg’s article “Madoff Victims to Get $322 Million in Trustee Payout” acknowledges BakerHostetler attorneys at announcement of fifth distribution plans

The Wall Street Journal Article Authored by Rivkin and Foley Discusses Obama’s Immigration Policy

The Wall Street Journal Publishes “The Case for Suing the President” by Rivkin and Foley

David Rivkin and Elizabeth Foley Co-Author Article Opposing Supreme Court Decision to Uphold Affordable Care Act Provision

BakerHostetler talks with USA Today about the SIPA Trustee’s fourth pro rata interim distribution; states Madoff Recovery Initiative nears $6 billion in distributions to allowed claimants

Rivkin and Foley Author Article on President Obama Working Around Congress

Law360 article on SCOTUS Request for DOJ Opinion on SIPA Trustee’s Petition for Writ of Certiorari names BakerHostetler attorneys

BakerHostetler’s settlement with JPMorgan Chase and the ongoing Madoff Recovery Initiative Discussed on National Public Radio’s All Things Considered

BakerHostetler appears on NPR’s All Things Considered to discuss Madoff Recovery Initiative; host Robert Siegel interviews SIPA Trustee Irving Picard and his Chief Counsel David Sheehan

Madoff Recovery Initiative surpasses $5 billion in distributions to allowed claimants; CNBC’s Scott Cohn discusses latest recovery with BakerHostetler’s SIPA Trustee Irving Picard and his Chief Counsel David Sheehan

Madoff Recovery Initiative Marks Fourth Anniversary … Moves into Fifth Year Still Building Recovery Momentum

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Environmental

Appellate and Major Motions

<ul>
<li>Lead counsel for the 28 states that have challenged the constitutionality of the EPA&#8217;s Clean Power Plan and represented them in this matter in the DC circuit and the Supreme Court.</li>
<li>Lead counsel in the Section 1983 Civil Rights Action case brought against several Wisconsin state government officials who were alleged to have initiated a sprawling John Doe investigation directed solely at conservative and right-of-center policy advocacy groups in the state.</li>
<li>As part of BakerHostetler&#8217;s role as court-appointed counsel to the Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, David was responsible for the appellate litigation in more than half a dozen Second Circuit and Supreme Court cases.</li>
<li>Represented a former London-based JPM managing director whose cooperation was sought in the investigation related to a multibillion-dollar trading loss for the bank. Through aggressive defense of the former managing director and utilizing skills honed during involvement in investigating complex financial frauds, David and the team secured a rare non-prosecution agreement with the Justice Department and agreements with other regulatory authorities, which enabled the client to cooperate with federal prosecutors in the continuing investigations.</li>
<li>Through arguments before the district courts, Fourth Circuit and Seventh Circuit Courts of Appeals, David successfully defended several Bivens actions brought against former Secretary of Defense Donald H. Rumsfeld.</li>
<li>With considerable experience in litigation involving national security-related matters, David represented Senators McCain, Graham and Ayotte in the Second Circuit case, Hedges, which entailed a challenge to the constitutionality of the military detention-related provisions contained in the National Defense Authorization Act.</li>
<li>When 26 states challenged the constitutionality of Medicare revisions under the Patient Protection and Affordable Care Act and argued that an individual mandate was beyond the powers granted to Congress under the Commerce Clause and the Necessary and Proper Clause, David represented the states and was lead outside counsel in the District Court and Court of Appeals. The United States District Court for the Northern District of Florida ruled in favor of the states at the case’s outset, with David handling both the briefing and oral arguments. The government appealed the case to the Eleventh Circuit, where David continued his involvement and the original decision was affirmed.</li>
<li>David represented the Republic of Croatia before the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice for a number of years on a wide range of issues involving international humanitarian law and the laws of war. He was Croatia&#8217;s lead lawyer in both venues and handled numerous rounds of briefings and oral arguments.</li>
<li>David represented corporations in alien tort statute and civil RICO litigation, as well as in challenges to federal agency actions and constitutional challenges to state statutes. He also represented the State of Texas in the U.S. Court of Appeals, D.C. Circuit, during a challenge to several of the EPA&#8217;s rules that sought to regulate greenhouse gases under the Clean Air Act.</li>
<li>David handled the development and implementation of President George H.W. Bush&#8217;s deregulatory initiatives, which entailed the review of all existing federal regulatory strictures and the application of a more rigorous, cost-effective standard to new regulations. His substantive areas of responsibility included international sanctions, energy, environment and tax issues.</li>
<li>David played a leading role in the development of FERC Order 636, which introduced major changes to the regulation of the interstate natural gas pipelines, and simultaneously served as the Special Assistant for Domestic Policy to then Vice President Dan Quayle.</li>
</ul>

David B. Rivkin Jr.

David B. Rivkin Jr.

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