Jeffrey A. Rosen, P.C. 
Professional Profile
Jeff Rosen has rejoined the Firm as a senior litigation partner and regulatory lawyer in the Washington, D.C. office, following more than five years of public service. During his previous 21 years at Kirkland, Mr. Rosen’s practice principally involved complex business litigation matters involving antitrust, securities, contracts, RICO, business torts, government enforcement actions and product liability, including class actions. He was previously involved in litigation before federal and state courts in more than 20 states, including jury trials, bench evidentiary hearings, arbitrations and appellate arguments, as well as strategic regulatory issues, sometimes resolved in court. He also served on the Firm’s Management Committee.
Most recently, Mr. Rosen served as General Counsel and Senior Policy Advisor for the White House Office of Management and Budget from 2006 to 2009, which made him the Administration's lead lawyer on regulatory and fiscal issues. Among other things, Mr. Rosen's legal responsibilities included giving analysis and advice to the OMB Director and the President with regard to federal laws related to a wide array of government agencies and programs, as well as administrative law, ethics laws, Constitutional law, federal credit and insurance laws, litigation against the United States, and annual federal appropriations laws. He also handled responses to Congressional oversight and investigations. Illustrative issues within his purview included such things as energy and climate change, safety and security regulations, infrastructure investment, higher education, litigation reform, spending earmarks, and federal credit programs.
Prior to the OMB, Mr. Rosen served as the General Counsel of the U.S. Department of Transportation from 2003 to 2006, after having been unanimously confirmed by the U.S. Senate. As that Department's Chief Legal Officer, he had final authority within the DOT to resolve all legal questions arising within or referred to the Department. As General Counsel, he oversaw the activities of more than 400 lawyers in the Transportation Department and its operating administrations. Mr. Rosen also had responsibility for DOT's regulatory program, enforcement and litigation activities, legal issues relating to international activities involving transportation, legislative proposals, and he acted as counsel to Secretary Norman Mineta. At DOT, Mr. Rosen testified on behalf of the Administration before various committees of Congress on ten occasions. He served on DOT's Credit Council, which was responsible for four federal loan programs. In addition, he served as the Government's representative on the Amtrak Board of Directors, which was responsible for overseeing the company's management, personnel, operations, and finances, and he had the lead responsibility for negotiating the Administration's positions with Congress regarding passenger rail legislation and Amtrak funding.
Representative Matters
Netscape Communications Co. v. Microsoft Corp., No. 02-CV-97 (MDL 1332, D.Md. 2002-2003): Represented Internet browser company in antitrust claims against software rival following prior Government civil suit. After winning court ruling that collateral estoppel would apply to preclude relitigation of facts, clients were able to achieve a settlement recovery in excess of $750 million.CF Industries, Inc. v. Koch Pipeline, S.T.B. Docket No. NOR-41685, aff'd, No. 00-1219 (D.C. Cir. July 27, 2001): Represented ammonia shipper in rate dispute with pipeline, resulting in rollback of rate increase.
Cedar Bay Generating Co. v. Florida Power & Light, No. 97-07037 CA (Florida state court, 1999), aff'd, No.1D99-4177 (Florida 1st Dist., Jan. 18, 2001): Co-counsel for independent power plant operator in breach of contract dispute with Florida electric utility about payments owed under 31-year supply contract. Case resulted in $18.6 million verdict for client, and Declaratory Judgment to clarify remaining 25 years of contract.
In Re GM Pickup Truck Fuel Tank Litigation, MDL 961 (E.D. Pa.) and Joseph White v. General Motors (Louisiana, settlement approved 1999): Represented General Motors in defense of 26 consolidated federal cases purporting to assert class action claims of breach of warranty and Magnuson-Moss statute, and fraud and deceptive practices, with respect to approximately five million vehicles sold between 1972 and 1987. Also lead defense counsel in ten state court class actions. See 134 F.3d 133 (3d Cir. 1998) and 1998WL387552 (La.App. 1st Cir. 1998). Cases resolved by global settlement involving discount certificates.
Texaco v. PG&E Generating Co., No. 1220019318 (Cal. Arbitration, 1999): As counsel for independent power developer, successfully defended commercial contract dispute in arbitration proceeding conducted as bench trial.
General Motors Corp. v Pena, No. 94-CV-74668 (E.D. Mich. 1994-1995) and NHTSA EA92-041(1992-1995): Represented General Motors in defense of government recall investigation concerning 1973-87 model C/K pickup truck fuel tanks, and as plaintiff seeking to enjoin Secretary of Transportation's refusal to adhere to agency's own regulations and standards. Resulted in settlement, with no recall of vehicles. See 60 Fed. Reg. 13752 (March 14, 1995).
Marriott v. AMR Corporation; AMR Corporation v. Marriott, Hilton, and Budget Rent-A-Car, No. 96366 (Maryland Cir. Ct) and No. 92-11628-B (Texas Dist. Ct. 1993). Represented Marriott in one of the largest computer system litigation disputes, in suit asserting that an affiliate of American Airlines had breached a computer software development contract and joint venture fiduciary duties concerning development and construction of a major computer reservation system. Suit resulted in large settlement recovery for client on eve of trial. See Business Week, p. 36 (1/17/94).
Amalgamated Sugar Co. v. NL Industries, Inc., 644 F. Supp. 1229 (S.D.N.Y. 1986). Litigation team obtained preliminary and permanent injunctions invalidating NL's "poison pill" antitakeover plan under New Jersey law, enabling client to obtain control of NL. Also, Rothenberg v. Amalgamated Sugar Co., 667 F. Supp. 87 (S.D.N.Y. 1987), aff'd, 825 F.2d 634 (2d Cir. 1987), cert. denied, 108 S. Ct. 511 (1987). Litigation team obtained an injunction barring an NL stockholder from relitigating the validity of NL's "poison pill" in New Jersey state courts, and precluding a collateral attack on the previous federal court final judgment.
Memberships & Affiliations
Member of the Governing Council of the ABA Administrative Law Section (2009-2013), and Co-Chair of its Rulemaking Committee; previously served as Executive Branch liaison to the ABA Administrative Law Section (2008)
Member of National Journal’s Panel of Transportation Experts and contributor to online experts blog
Adjunct Professor of Law, Georgetown University Law Center, Washington, D.C. (1996-2003)
Member of the Board of Visitors, Northwestern University's College of Arts & Sciences (1998-2003, 2009-present)
Other Distinctions
Nominated to be Federal District Judge; Received highest rating from American Bar Association's Standing Committee on the Judiciary (2008)
Member of the American Law Institute (1996-present)
Listed in Who's Who in American Law; top-rated 'AV' in Martindale-Hubbell
Publications
"A Chance for a Second Look: Judicial Review of Rulemaking Petition Denials," 35 Admin. & Regulatory Law News 7-9 (Fall 2009)
"Obama vs. the Regulators," The Washington Post Op-Ed (August 6, 2009)
"Watch for Hidden Taxes," Boston Globe Op-Ed (June 12, 2009)
"Obama Regulations are Taxing Consumers," Washington Business Journal (June 12, 2009)
"Court Acceptance of 'In-Kind' Settlements in Consumer Class Actions," 9 Class Actions & Derivative Suits 20 (Summer 1999)
Illustrative Media Quotes and Coverage
Melanie Trottman and Josh Mitchell, "New Transit-Funding Rules Make Streetcars More Desirable," The Wall Street Journal (January 15, 2010)
Jim McTague, "Congress Goes Head-Hunting," Barron's (July 20, 2009)
Robert Pear, "Bush Directive Increases Sway on Regulation," New York Times, p.1 (January 30, 2007)
Cindy Skryzycki, "Bush Order Limits Agencies' 'Guidance,'" Washington Post p.D1 (January 30, 2007)
Amir Efrati, "U.S. Policy on Attorney Fees Sparks Debate at State Level," Wall Street Journal p.A12 (May 17, 2007)
Cindy Skrzycki, "Agencies' Rules Quietly Enable Tort Reform," Washington Post, p.D1 (September 27, 2005)
Daniel Machalaba, "Senator Questions Firing of Amtrak President," Wall Street Journal (November 15, 2005)
Alexandra Marks, "Brake Trouble Fuels Larger Debate Over Amtrak," Christian Science Monitor (April 22, 2005)
"Big Suits—AOL v Microsoft," in The American Lawyer, p.42 (April 2002)
Seminars
Some of Mr. Rosen's recent seminar appearances include:
Speaker at ABA’s Fall Administrative Law Conference on "Scrutinizing Regulatory Policy Reversals" (October 22, 2009)
Speaker/moderator at ABA Rulemaking Committee program on "Reflections on Rulemaking" (October 8, 2009)
Speaker at meeting of ABA Task Force on Federal Preemption of State Tort Laws (October 1, 2009)
Speaker at AAAE webinar on EPA’s Proposed Airport De-Icing Rule (September 2, 2009)
Speaker at Heritage Foundation Program on "Hurting or Helping Consumers? Destroying Federal Preemption One Industry at a Time" (August 5, 2009)
Speaker at ABA Administrative Law Section's Regulatory Practice Institute, "New Directions In Agency Rulemaking" (June 10, 2009)
Speaker at Kirkland & Ellis Conference "Managing the Enforcement Response to the Financial Crisis", addressing "Pulling the tarp off the TARP: Navigating the Perils of the Bailout" (April 2, 2009)
Speaker at President's Council on Integrity and Efficiency on "Earmarks and Executive Order 13457" (March 12, 2008)
Speaker at Homeland Security Law Institute on "Regulatory Developments for 2008" (January 17, 2008)
Speaker at AEI-Brookings Joint Center for Regulatory Analysis Program on "The Role of Competition Analysis in Regulatory Decisions" (May 15, 2007)
Speaker at Washington International Business Council Meeting on "OMB Priorities Affecting International Trade and Business" (April 26, 2007)
Speaker at Heritage Foundation's Regulatory Working Group on "OMB's Regulatory Review Process" (April 19, 2007)
Speaker at Homeland Security Law Institute on "Regulatory Developments for 2007" (January 17, 2007)
Courts
In addition to the D.C. Bar (1982) and the U.S. Supreme Court (1986), Mr. Rosen is a member of the bars of six federal appeals courts and three district courts. He has appeared pro hac vice in numerous state and federal courts throughout the country.
