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Noah Schottenstein

Noah Schottenstein

Senior Attorney
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, including the Federal Trade Commission and the Consumer Financial Protection Bureau.

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; and lawsuits filed against the government under the Federal Tort Claims Act and the Administrative Procedure Act.

Noah also has significant experience with restructuring matters.  While at the DOJ, he represented the interests of the United States and various federal agencies in bankruptcy litigation.  In private practice, he has primarily represented energy sector clients, including upstream, midstream, oilfield services, and generation companies.

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

Government Enforcement Experience

  • Supervised nationwide, multi-district litigation against national banks and mortgage servicers that resulted in the US$25 billion National Mortgage Settlement
  • Assisted with joint DOJ-FTC case asserting UDAP claims against Bank of America that resulted in a US$108 million settlement
  • 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
  • Led multi-district health care fraud investigation concerning over US$100 million in claims by a provider group
  • Assisted with False Claims Act case against a compounding pharmacy that resulted in US$22.5 million settlement
  • Assisted with False Claims Act case against furniture importer for evading anti-dumping claims
  • Prosecuted bankruptcy and investment fraud scheme targeting immigrant communities 
  • Assisted with multi-jurisdictional case against mortgage servicer for fraudulent endorsements of loan documents.
  • Assisted with pension fund fraud investigations
  • Represented the United States in numerous bankruptcy cases, including Solyndra, Lehman Brothers, AMR, Kodak, Yellowstone Club, and ASARCO
  • Assisted the Office of the Solicitor General with over a dozen matters before the Supreme Court

Restructuring Experience

  • Represented New Gulf Resources, an E&P company with assets primarily in the Eagle Ford shale formation, in its chapter 11 bankruptcy proceedings
  • Represented Global Geophysical Services, an international oil and gas seismic services provider, in its chapter 11 bankruptcy proceedings
  • Represented an offshore E&P company in connection with its out-of-court restructuring
  • Represented a private integrated upstream/midstream company in connection with its out-of-court restructuring 
  • Represented Hunt Consolidated in the sale of its interest in Oncor Electric Delivery through the Energy Future Holdings chapter 11 bankruptcy proceedings
  • Represented NRG Energy in the acquisition of SunEdison’s distributed generation portfolio, which received the Power Finance & Risk Award for North America Power M&A Deal of 2016;
  • Represented NRG Energy in connection with the chapter 11 bankruptcy of its subsidiary, GenOn Energy, including the successful defense of a $620m fraudulent transfer claim
  • Represented ConocoPhillips in appeal before the Texas Supreme Court concerning successor liability and the assumption of contracts under 11 U.S.C. § 365
  • Represented various creditors in defending fraudulent transfer and preference claims
Education
  • J.D., University of Virginia School of Law
  • B.A., The Ohio State University

Publications

  • Co-author, "Expert Q&A on the FTX Bankruptcy: What Parties Can Expect," Thomson Reuters Practical Law, December 8, 2022

Seminars

  • Presenter, "Restructuring Boot Camp Part 2: Legal Principles and Ethics," Turnaround Management Association, May 2021

Media Mentions

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