Serena Orloff has extensive experience handling high-stakes constitutional, commercial, and administrative law litigation and government and congressional investigations. Among other matters, Ms. Orloff has successfully represented clients in disputes involving nondisclosure agreements, short term insurance, mining leases, Medicare reimbursement, the First Amendment, the Second Amendment, the False Claims Act, and billions of dollars in federal insurance subsidies.
Ms. Orloff draws on years of experience as a senior in-house counsel for a Fortune 5 company and as a litigating attorney with the U.S. Department of Justice. In the latter role, she represented cabinet level agencies in first-impression matters involving national security, trade, health care, agriculture, the First Amendment, the International Emergency Economic Powers Act (IEEPA), and other issues.
Ms. Orloff served as a judicial law clerk for Judge Gladys Kessler of the U.S. District Court for the District of Columbia and Magistrate James Cott of the U.S. District Court for the Southern District of New York. Ms. Orloff began her career at Simpson Thacher & Bartlett LLP, where she defended technology, biotech, and investment bank clients in securities litigation, intellectual property disputes, and other commercial matters.
Ms. Orloff graduated from Columbia Law School where she was a James Kent and Harlan Fiske Stone Scholar.
Court Admissions
California Bar
New York Bar
Not admitted in the District of Columbia; application pending. Practicing under the supervision of the partnership of Lehotsky Keller Cohn LLP.
U.S. District Court for the Central District of California
U.S. District Court for the District of Columbia
Representative Experience
Successfully defended multi-district challenge to methodologies for calculating billions of dollars of insurance payments to health insurance companies under the Affordable Care Act.
Won a bench trial in Texas federal court in a contract dispute involving mining leases and the Department of Interior.
Won a multi-million dollar settlement and a constructive trust in affirmative litigation to enforce a nondisclosure agreement against a highly visible former employee.
Successfully navigated numerous high-stakes congressional investigations involving government and private clients covering matters from national security and foreign policy to tax filings and workplace safety.
Achieved summary judgment of a lawsuit challenging non-disclosure agreements and related policies of federal intelligence agencies.
Achieved dismissal on the pleadings of a challenge to the U.S. Department of Veterans Affairs involving the Federal Advisory Committee Act.
Advised the executive branch on matters involving U.S. bilateral and multilateral trade treaties and IEEPA.
Advised the U.S. Department of Agriculture on the repeal of livestock and poultry regulations while successfully defending against related legal challenges in multiple federal district courts.
Defended multi-billion dollar litigation in the Court of Federal Claims involving “risk corridors” payments to health insurance plans and obtained dismissal of related litigation in federal district court.
Education
J.D., Columbia Law School, 2008
Harlan Fiske Stone Scholar (2005-06)
James Kent Scholar (2006-07)
Visiting student, Stanford Law School (2007-08)
B.A., Psychology, University of California, Berkeley, 2005, highest honors