Eric R. Nitz

Eric R. Nitz handles complex disputes and investigations—mostly white-collar criminal and enforcement matters, but also business disputes—from their earliest stages through appeal. Mr. Nitz excels at running cases and managing high-stakes investigations.

Mr. Nitz has tried cases to verdict and won, taken and defended numerous depositions, argued dozens of motions, managed discovery in a wide range of civil and criminal cases involving complex subject matter and foreign- language document review, and worked with experts on a variety of subjects. He homes in on the issues that matter, cutting through the distractions to save resources and craft an effective strategy for achieving the client’s objectives. Mr. Nitz has helped many clients successfully navigate high profile and politically sensitive investigations, and he has resolved white collar matters confidentially, persuading the government to close an investigation without bringing charges.

Mr. Nitz has appeared in federal courts throughout the country and has represented clients in connection with investigations by the Department of Justice, the Federal Bureau of Investigation, agency inspectors general, Congress, and other regulators. His clients include a Cabinet Secretary and other Senate-confirmed presidential appointees, high-ranking government officials, a high-level presidential advisor and other political staffers, professional athletes, and senior executives at some of the world’s largest corporations. Mr. Nitz also conducts internal investigations—often under tight time constraints where efficiency is paramount. Mr. Nitz’s clients also span the globe—from Asia to the Middle East to Europe to South America. As a result, Mr. Nitz is keenly attuned to the complexities that surround multinational investigations and business disputes.

Mr. Nitz is also an experienced appellate advocate. Prior to joining MoloLamken, Mr. Nitz clerked for the Honorable Joel M. Flaum of the United States Court of Appeals for the Seventh Circuit. He has argued in the D.C. Circuit and the Federal Circuit and led appellate briefing in many other courts, including merits briefing in the U.S. Supreme Court.

Mr. Nitz is the current president of the D.C. Chapter of the Federal Bar Association where he previously served as treasurer. He is a member of the Board of Trustees for the American Inns of Court, a member of the Executive Board for the William B. Bryant Inn of Court, and a member of the John Carroll Society. Before becoming a lawyer, Mr. Nitz was a high school science teacher at Pope John Paul II High School in Hendersonville, Tennessee.

Representative Matters

Trial Court & Investigations

• Cabinet Secretary in connection with Inspector General investigation
• Presidentially-appointed, Senate-confirmed agency head in connection with congressional investigation
• Department of Defense contractor at trial in declaratory judgment action against subcontractor
• Senior Housing & Urban Development OIG official at trial involving false statements and obstruction of justice charges
• Secret Service official in parallel investigations by Congress and Department of Homeland Security into handling of White House security breach
• Department of Homeland Security official in connection with investigation into Anti-Deficiency Act violation
• Employees of large software company in connection with DOJ and SEC accounting fraud and securities fraud investigations
• Senior White House official in connection with investigation by DOJ special prosecutor
• Senior Department of Veterans Affairs official in connection with parallel investigations by Congress, the Department of Justice, and the Department of Veterans Affairs inspector general

• Senior executive branch official in connection with DOJ gratuities and false statements investigation

• Senior executive of Fortune 100 company in connection with DOJ criminal and civil false claims investigation
• Senior Department of Veterans Affairs official in connection with inspector general investigation into improper contracting practices
• Senior IRS official in connection with inspector general investigation regarding improper use of government information technology
• Senior political and media consultant in connection with DOJ fraud investigation
• Former senior National Weather Service official in connection with congressional investigation into allegations of conflict of interest
• Senior ATF official in connection with DOJ inspector general investigation into disclosure of ATF documents
• Senior OPM official in connection with congressional investigation into data breach of the federal government
• Internal investigation for regulator regarding mishandling of confidential information
• Large Middle Eastern aviation support company in multidistrict tort litigation
• Retired NFL football players objecting to class action settlement in multidistrict tort litigation
• IRS officials in constitutional tort action under Bivens involving alleged violations of the First Amendment and Fifth Amendment
• Prisoner at trial involving civil rights violations
• Small laundry detergent manufacturer and patent holder in multiple patent infringement lawsuits

Appellate

• Ziglar v. Abbasi, 137 S. Ct. 1843 (2017) – Drafted successful petition for writ of certiorari and merits briefing winning reversal of Second Circuit decision that extended Bivens to a new context
• True the Vote v. IRS, 831 F.3d 551 (D.C. Cir. 2016) – Drafted briefs and presented oral argument defending dismissal of Bivens action brought against IRS officials, winning affirmance of the district court's decision
• Helman v. Dep't of Veterans Affairs, 856 F.3d 920 (Fed. Cir. 2017) – Drafted briefs and presented oral argument successfully arguing that part of the Veterans Access, Choice and Accountability Act of 2014 was unconstitutional
• In re NFL Players Concussion Litig., 821 F.3d 410 (3d Cir. 2016) – Drafted briefs challenging final approval of class action settlement
• Drone Techs., Inc. v. Parrot S.A., 838 F.3d 1283 (Fed. Cir. 2016) – Drafted briefs on behalf of defendant drone manufacturer in appeal from default judgment as discovery sanction, winning reversal of the district court's underlying discovery and sanctions orders, and vacatur of the default judgement
• Parrot S.A. v. Drone Techs., Inc., Nos. 16-1884, 16-1885 (Fed. Cir.) – Drafted briefs in appeal from inter partes review decision, arguing that the patents under review were invalid as anticipated and obvious

Recent Publications

• Jarkesy and Loper: Bombshells or Busts?, Hedge Fund Law Report (Aug. 1, 2024) (with Kenneth Notter)

• Common Law Fraud and SEC v. Jarkesy: The Key Issue Underlying the Questions Presented, Hedge Fund Law Report (Mar. 28, 2024) (with Kenneth Notter)

• The Foreign Extortion Prevention Act: Key Changes to U.S. Anti-Corruption Regime Reverberate Well Beyond America’s Borders, Anti-Corruption Report (Jan. 31, 2024) (with Walter H Hawes IV)

• Agency Power and Adjudication: The Government Seeks Supreme Court Review of Jarkesy v. SEC, Hedge Fund Law Report (June 8, 2023) (with Catherine Martinez and Christian Ronald)

• Trump Indictment Tests Congress’s Role in State Investigations, Bloomberg Law (May 18, 2023) (with Kenneth Notter)
• A New Focus: Consequences of the Midterm Elections on Congress’ Investigative Agenda, The National Law Journal (November 14, 2022)

• Liu Is Dead, Long Live Liu: Spartan and Disgorgement After the NDAA, Hedge Fund Law Report (October 20, 2022)

• Supreme Court Primed to Further Narrow Application of Wire and Mail Fraud Statutes in Corruption Cases, Corporate Livewire's 2022 Fraud & White Collar Crime Expert Guide (September 16, 2022) (with Megan C. Church)
• A Jury of Your Peers: Fifth Circuit Ruling in Jarkesy v. SEC Broadly Expands the Right to a Jury Trial for SEC Actions, Hedge Fund Law Report (July 21, 2022)

• Into the Breach: How to Prepare for and Respond to Corporate Leaks, Bloomberg Law (May 24, 2022) (with Justin V. Shur and Walter H. Hawes IV)

• Looking Forward: Congressional Investigations & Oversight in the 117th Congress, Younger Lawyers Division of the Federal Bar Association (Spring 2021) (with Kenneth Notter)
• In the Hot Seat: Tips for Corporate Executives Testifying Before Congress, Corporate Counsel (April 15, 2021) (with Justin V. Shur)
• Recent Amendments to the Securities Exchange Act Pose New Risks for Private Fund Managers, Hedge Fund Law Report (February 25, 2021)
• Rolling with the Punches: How to Use Tough Criticism as a Young Lawyer, The National Law Journal (October 8, 2019)
• Playing the Long Game: Client Development Strategies for Young Lawyers, The National Law Journal (September 10, 2019)
• US v. Craig and the Criminalization of Nondisclosure, Law360 (August 2019) (with Emily K. Damrau)
• An American Lawyer in Queen Elizabeth’s Court, The Champion (March 2019) (with Steven F. Molo and Ekta Dharia)
• Prosecutors Avoid 5th Amendment Showdown In Libor Case, Law 360 (October 2018) (with Justin V. Shur)
• How the SEC May Circumvent the Five-Year Statute of Limitations on Disgorgement Under Kokesh, Hedge Fund Law Report (July 20, 2017) (with Justin V. Shur)
• ALJ Appointments Issue Now Primed For High Court Review, Law360 (July 17, 2017) (with Justin V. Shur)
• Navigating Overseas Discovery: Beware the Dangers of Foreign Law, The National Law Journal (May 20, 2014) (with Robert K. Kry)
• Note, Comparing Apples to Apples: A Federalism-Based Theory for the Use of Founding-Era State Constitutions To Interpret the Constitution, 100 Geo. L.J. 295 (2011)