Steven P. Lehotsky has significant experience developing and executing litigation strategies to help businesses and trade associations address their most important regulatory and public-policy challenges.
Before founding Lehotsky Keller Cohn LLP, Mr. Lehotsky directed the litigation strategy of the U.S. Chamber of Commerce, the world's leading business federation, where he worked from 2013-2021. While at the U.S. Chamber’s Litigation Center, he served as chief litigation counsel. Mr. Lehotsky led the Chamber's efforts to bring successful challenges to federal, state, and local regulations of business. He also directed the U.S. Chamber's efforts to defend pro-growth regulatory reforms. Mr. Lehotsky also led and implemented the U.S. Chamber’s strategies for filing hundreds of amicus curiae briefs in the U.S. Supreme Court, federal appellate and district courts, and state supreme and appellate courts. He is a frequent speaker at events and conferences on litigation and regulatory trends.
Mr. Lehotsky previously was an attorney at WilmerHale LLP in both the Washington D.C. and Boston offices, where he practiced government and regulatory litigation, appellate litigation, and counseling on constitutional, statutory, and regulatory issues for clients across a wide variety of industry sectors. He also previously practiced as a commercial litigator at Goodwin Procter LLP in Boston.
In addition, Mr. Lehotsky was an Attorney-Adviser in the Office of Legal Counsel of the U.S. Department of Justice from 2006-2009, advising the White House and executive departments and agencies on constitutional and statutory issues relating to national security, immigration, international sanctions under the International Emergency Economic Powers Act and other programs, the response to the 2008 financial crisis, pandemic influenza and infectious-disease mitigation, cybersecurity, and congressional investigations, among many other subjects.
Mr. Lehotsky was a law clerk for Justice Antonin Scalia of the Supreme Court of the United States and Chief Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the District of Columbia Circuit.
Honors and Affiliations
Member, American Law Institute
Public Member, Administrative Conference of the United States
Member, International Association of Defense Counsel
Court Admissions
District of Columbia Bar
Massachusetts Bar
Supreme Court of the United States
United States Courts of Appeals for the First, Second, Fifth, Sixth, Ninth, Tenth, District of Columbia and Federal Circuits
United States District Court for the District of Columbia
United States District Court for the District of Massachusetts
Representative Experience
Tax
Led U.S. Chamber’s initiation of first-of-its-kind challenge to 2016 IRS anti-inversion rule, obtaining vacatur of interim final rule. Chamber of Commerce v. IRS, — F. Supp. 3d — (W.D. Tex. 2017).
Labor and Employment
Led U.S. Chamber’s successful efforts to block implementation of Seattle ordinance authorizing unionization of independent contractors. Chamber of Commerce v. City of Seattle, 890 F.3d 769 (9th Cir. 2018).
Led U.S. Chamber and coalition of 55 national and Texas business groups in successful challenge to DOL's 2016 overtime rule, obtaining vacatur of rule. Nevada et al. v. DOL, 275 F. Supp. 3d 795 (E.D. Tex. 2017).
Led U.S. Chamber’s challenge to California's 2019 A.B. 51 anti-arbitration law, which resulted in preliminary injunction against enforcement. Chamber of Commerce v. Becerra, 438 F. Supp. 3d 1078 (E.D. Cal. 2020).
Environmental
Successfully co-led 16-association coalition of business groups in obtaining historic stay from the Supreme Court of EPA’s 2015 Clean Power Plan before circuit court judgment. Chamber of Commerce v. EPA, 136 S. Ct. 999 (2016).
Successfully led U.S. Chamber’s multi-association defense of EPA's 2015 primary standard under the 2015 ozone NAAQS. Sierra Club v. EPA, 936 F.3d 597 (D.C. Cir. 2019).
Successfully led U.S. Chamber and coalition of 35 Texas chambers of commerce in obtaining stay of EPA regional haze rule. Texas v. EPA, 829 F.3d 405 (5th Cir. 2016).
Securities
Led efforts of U.S. Chamber and multiple Texas chambers as part of a coalition of trade associations in successfully challenging DOL's 2016 fiduciary rule. Chamber of Commerce v. DOL, 885 F.3d 360 (5th Cir. 2018).
Represented U.S. Chamber in coalition in partially successful challenge to SEC’s conflict-minerals rule under the Dodd-Frank Act. National Association of Manufacturers et al. v. SEC, 800 F.3d 518 (D.C. Cir. 2015).
Constitutional Law
Represented company in successful challenge to constitutionality of recess appointments to the NLRB. Noel Canning v. NLRB, 134 S. Ct. 2550 (2014).
Immigration
Led U.S. Chamber’s successful efforts to obtain preliminary injunction for its members against presidential nonimmigrant visa proclamation. National Association of Manufacturers et al. v. DHS, — F. Supp. 3d — (N.D. Cal. 2020).
Led U.S. Chamber’s successful efforts to obtain vacatur of interim final rules restricting H-1B visa program promulgated by DHS and DOL. Chamber of Commerce v. DHS, — F. Supp. 3d — (N.D. Cal. 2020).
Led U.S. Chamber’s successful efforts to defend 2016 final rule from DHS expanding the STEM OPT program. Washington Alliance of Technology Workers v. DHS, — F. Supp. 3d — (D.D.C. 2021).
Other Civil Litigation, Internal Investigation, and Enforcement Matters
Extensive experience with appellate litigation concerning False Claims Act, class action, arbitration, constitutional law, independent contractor, wage-and-hour, climate change, public nuisance doctrine, and administrative law issues.
Represented defense contractor in litigation against the Air Force concerning pricing for launch of satellites under a FAR Part 12 commercial item contract.
Represented manufacturer as plaintiff in federal jury trial on trademark and trade dress infringement claims.
Represented financial institution as defendant in federal jury trial on trademark infringement claims.
Conducted cybersecurity-incident response and internal investigations on behalf of defense contractors and advised on cybersecurity-risk mitigation strategies.
Advised multiple clients on constitutional, statutory, and privilege issues in connection with congressional investigations.
Represented financial institutions and financial services companies in connection with CFPB and OCC enforcement actions.
Represented pharmaceutical companies in connection with antitrust investigations and civil litigation relating to alleged reverse-payment settlements of patent disputes.
Represented companies in telecommunications, pharmaceuticals, manufacturing, and financial services sectors on legal strategies to challenge constitutionality of state laws and regulations.
Represented agricultural commodity promotion programs against First Amendment and other federal and state constitutional challenges.
Represented agricultural promotion program as defendant in novel patent litigation.
Education
J.D., Harvard Law School, 2002, magna cum laude
Sears Prize, 1999-2000
Research Assistant for Professors Laurence H. Tribe (2000-2002), Arthur R. Miller (2000-2002), David Rosenberg (2000-2002)
A.B., Government, Dartmouth College, 1999, magna cum laude, Phi Beta Kappa