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Steven J. Rosenbaum

Senior Counsel

Washington +1 202 662 5568

  • About
  • Representative Matters
  • Credentials
  • About

    Steve Rosenbaum is an active trial lawyer, having completed five trials and arbitrations in a nine-month period. His practice covers a wide range of complex litigation, from general commercial disputes to the defense of consumer protection actions to litigation challenging or supporting government actions.

    Steve represents clients spanning multiple industries who turn to him for:

    • Particular expertise in Court of Federal Claims litigation against the federal government, with his clients awarded, and paid, over $2.0 billion. Steve has never lost a money damages claim in that court. Clients have ranged from oil companies to wind power plants to mining interests, and from health insurers to housing developers.
    • Steve also has expertise in litigation involving oil and gas leasing, exploration and development. In 2020 alone, he represented industry in defending thirteen lawsuits challenging government approval of such projects.
    • Steve has also represented numerous life sciences and food companies and trade associations as both plaintiffs and defendants in civil litigation. These include the defense of class action lawsuits challenging marketing, advertising and product labeling practices and suits under California’s Proposition 65, as well as affirmative First Amendment, Commerce Clause and Supremacy Clause challenges to state laws and regulations.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Moda Health Plan v. United States. Obtained an award and payment of $248 million for the Government’s failure to make the “risk corridor” payments required by the Affordable Care Act.
    • Amber Resources et al. v. United States. Eleven oil and gas companies awarded and paid $1.0 billion for the Government’s breach of oil and gas leases offshore California, likely the largest single non-class action award in the 160 year history of the Court of Federal Claims. Judgment affirmed in its entirety by the Federal Circuit. In earlier litigation, obtained a $138 million settlement for Chevron, Conoco and Murphy in a breach of contract case against the Government involving Gulf of Mexico oil and gas leases, and in 2000, obtained nearly $500 million in judgments and settlements for multiple oil and gas companies in breach of contracts case against the Government involving undeveloped OCS leases offshore North Carolina, Alaska and Florida.
    • Mills et al. v. Giant Foods et al. Represented a coalition of dairy processors and retailers in successfully obtaining the dismissal (affirmed by the D.C. Circuit) of a suit alleging that they failed adequately to warn milk consumers about lactose intolerance. Also successfully represented the leading dairy processor trade association in obtaining the dismissal (affirmed by the Fourth Circuit) of a suit alleging that it misled consumers about the benefits of dairy products.
    • Consumer Class Actions. Represented numerous food manufacturers and retailers in defending claims that their consumer products contained false and misleading labeling.
    • Delta Petroleum Corp. v. United States. Government contended it was absolved from its breach of the plaintiff’s lease because the oil and gas underlying that lease had allegedly been drained by wells on an adjacent lease. After a nine day trial including extensive expert testimony on geology, geophysics, reservoir engineering and rock mechanics, the Court agreed that any drainage had been de minimis, and awarded Delta over $91 million.

    • Carabetta Enterprises v. United States. Lawsuit challenged the Government’s breach of a contract with a developer of low income housing. The Court granted summary judgment as to liability, and after trial entered an award of over $18 million. The Federal Circuit affirmed these decisions in their entirety.
    • International Dairy Foods Ass’n v. Amestoy. Successful Second Circuit First Amendment challenge to Vermont requirement regarding the labeling of milk derived from rBST-treated dairy cows.
    • West Lynn Creamery v Healy. Argued and won U.S. Supreme Court Commerce Clause challenge to Massachusetts milk price regulations.

    Areas of Expertise

  • Credentials
    Education
    • Harvard Law School, J.D., 1980
        • cum laude
    • University of Texas, B.A., 1977
        • cum laude
    Bar Admissions
    • District of Columbia
    Accolades
    • Law360 “Most Valuable Player,” Energy (2012). Named one of four “Energy MVPs” in the nation for 2012 by Law360 for his achievements in major litigation that “raised the bar.”
    • Washington DC Super Lawyers, Energy & Resources (2014-2020)
    • Legal 500 US, Energy: Litigation (2012-2017) and Energy: Renewable (2017)

    Areas of Expertise

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