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Overview

Steven Rosenthal has extensive trial court, appellate and arbitration experience on cases involving public and constitutional law, as well as all aspects of administrative practice. He has secured victories before the U.S. Supreme Court in addition to successfully representing many government entities during his litigation career.

Appellate Practice

Steven has argued before the U.S. Supreme Court, a majority of the U.S. Courts of Appeals and state appellate courts throughout the United States. He appeared before the U.S. Supreme Court on behalf of the Port of the City of Los Angeles in a case involving federal law restrictions on the Port’s ability to condition entry of trucks onto its property. He was victorious before the U.S. Supreme Court in a case holding that the imposition of Social Security taxes on sitting federal judges was an unconstitutional diminution of compensation, and in a case representing the predecessor of Bank of America holding that national banks have the power to sell fixed and variable annuities. 

Representation of Government Entities

In addition to representing major private companies in litigation, Steven has represented government entities such as the California State Controller, the Delaware Department of Finance, the City of Los Angeles, and the Port Authority of New York and New Jersey at both the trial and appellate levels. For more than 35 years, he has represented large international airports on regulatory and litigation issues, serving as lead counsel in five landmark cases involving airport rates and charges.

Constitutional and Federal Statutory Litigation

Steven has extensive experience advising governmental entities on claims arising under the U.S. Constitution and federal statutes regulating interstate and foreign commerce. Those include damages and injunction claims under the Takings Clause, the Commerce Clause, the Due Process Clause and federal common law. In addition, he has advised the California State Controller on the successful negotiation of multistate global settlement agreements with the nation’s largest life insurance companies, earning him the prestigious California Lawyer Attorneys of the Year (CLAY) Award.

He was elected to the American Law Institute in 1991 and is also listed in Benchmark Litigation, the Best Lawyers in America and numerous similar publications. He is a lieutenant colonel in the California State Guard, serving currently as Senior Advisor to the Commander of the California Air National Guard. Steven is also a member of the board of trustees of Wild Earth Allies, which protects natural habitats of wildlife and flora around the globe.

Experience

Prior to joining Loeb & Loeb LLP, Steven was chair of the Litigation Department at an international law firm. Select examples of his prior work experience include the following:

United States Supreme Court

  • Delaware v. Pennsylvania, et al., ___U.S. ___ (Leave granted to file original proceeding, Dec. 16, 2016)
  • Am. Trucking Associations v. City of Los Angeles, 569 U.S. 641 (2013)
  • United States v. Hatter, 532 U.S. 557 (2001)
  • NationsBank of North Carolina, N.A. v. Variable Annuity Life Ins. Co., 513 U.S. 251 (1995)

United States Courts of Appeal

  • Fitisemanu v. United States, 1F.4th 862 (10th Cir. 2021)
  • Davis v. California (In re Venoco, LLC), 998 F.3d 94 (3rd Cir. 2021)
  • Office Depot v. Sec’y of Finance, Del., 710 F. Appx. 59 (3rd Cir. 2018)
  • Marathon Petroleum Corp. v. Sec’y of Finance, Del., 876 F.3d 481 (3rd Cir. 2017)
  • Plains All Am. Pipeline L.P., v. Cook, 866 F.3d 534 (3rd Cir. 2017)
  • Tomita Technologies USA, LLC v. Nintendo Co., 594 F. Appx. 657 (Fed. Cir. 2014)
  • Am. Trucking Associations v. City of Los Angeles, 660 F.3d 384 (9th Cir. 2011)
  • Am. Trucking Associations v. City of Los Angeles, 596 F.3d 602 (9th Cir. 2010)
  • Alaska Airlines, Inc. v. U.S. Dep’t. of Transportation, 575 F.3d 750 (D.C. Cir. 2009)
  • Dias v. City & County of Denver, 567 F.3d 1169 (10th Cir. 2009)
  • Am. Trucking Associations v. City of Los Angeles, 559 F.3d 1046 (9th Cir. 2009)
  • Bank of America FSB v. Doumani, 495 F.3d 1366 (Fed. Cir. 2007)
  • Port Auth. of N.Y. & N.J. v. U.S. Dep’t. of Transportation, 479 F.3d 21 (D.C. Cir. 2007)
  • Astrium S.A.S. v. TRW, Inc., 455 F.3d 1092 (9th Cir. 2006)
  • Home Savings of America v. United States, 399 F.3d 1341 (Fed. Cir. 2005)
  • Boca Airport, Inc. v. U.S. Federal Aviation Admin., 389 F.3d 185 (D.C. Cir. 2004)
  • California Federal Bank v. United States, 245 F.3d 1342 (Fed. Cir. 2001)
  • Glendale Fed. Bank, FSB v. United States, 239 F.3d 1374 (Fed. Cir. 2001)
  • City of Los Angeles v. U.S. Federal Aviation Admin., 239 F.3d 1033 (9th Cir. 2001)
  • Hatter v. United States, 203 F.3d 795 (Fed. Cir. 2000) (en banc)
  • Hatter v. United States, 185 F.3d 1356 (Fed. Cir. 1999)
  • City of Los Angeles v. U.S. Dep’t of Transportation, 179 F.3d 937 (D.C. Cir. 1999)
  • City of Los Angeles v. U.S. Dep’t of Transportation, 165 F.3d 972 (D.C. Cir. 1999)
  • Shane v. United States, 161 F.3d 723 (Fed. Cir. 1998)
  • Public Service Co. v. Patch, 136 F.3d 197 (1st Cir. 1998)
  • Ariadne Financial Services Pty. v. United States, 133 F.3d 874 (Fed. Cir. 1998)
  • Air Transport Ass’n v. U.S. Dep’t of Transportation, 119 F. 3d 38 (D.C. Cir. 1997)
  • City of Los Angeles v. U.S. Dep’t of Transportation, 103 F.3d 1027 (D.C. Cir. 1997)
  • National Elec. Mfrs. Assn. v. U.S. Environmental Protection Agency, 99 F.3d 1170 (D.C. Cir. 1996)
  • Hatter v. United States, 64 F.3d 647 (Fed. Cir. 1995)
  • Variable Annuity Life Ins. Co. v. Clark, 49 F.3d 128 (5th Cir. 1995)
  • Conservation Law Foundation of N.E. v. U.S. Federal Highway Admin., 24 F.3d 1465 (1st Cir. 1994)
  • Variable Annuity Life Ins. Co. v. Clark, 998 F.2d 1295 (5th Cir. 1993)
  • International Fabricare Inst. v. U.S. Environmental Protection Agency, 972 F.2d 384 (D.C. Cir. 1992)
  • Hatter v. United States, 953 F.2d 626 (Fed. Cir. 1992)
  • City & County of San Francisco v. U.S. Federal Aviation Admin., 942 F.2d 1391 (9th Cir. 1991)
  • Arctic Slope Regional Corp. v. FERC, 832 F.2d 158 (D.C. Cir. 1987)
  • City & County of San Francisco v. Engen, 819 F.2d 873 (9th Cir. 1987)
  • Independent Bankers Ass’n v. Marine Midland Bank, 757 F.2d 453 (2nd Cir. 1985)
  • Association of Data Proc. Orgs. v. Board of Govs. of Fed. Reserve Sys., 745 F.2d 677 (D.C. Cir. 1984)
  • Environmental Defense Fund v. U.S. Environmental Protection Agency, 672 F.2d 42 (D.C. Cir. 1982)
  • Environmental Defense Fund v. U.S. Environmental Protection Agency, 636 F.2d 1267 (D.C. Cir. 1980)
  • Ashton v. Civiletti, 613 F.2d 923 (D.C. Cir. 1979)

State Cases

  • Dir. of Revenue v. Verisign, 267 A.3d 371 (Del. 2021)
  • Verisign v. Dir. Of Revenue, 2020 Del. Super. LEXIS. 3011 (Sup. Ct. Del. 2020)
  • Yee v. Superior Court, 31 Cal. App. 5th 26, 242 Cal. Rptr. 3d 439 (Cal. Ct. App. 2019)
  • JLI v. Geisenberger, 2018 Del. Ch. LEXIS 464 (2018) 
  • Newmyer v. Sidwell Friends School, 128 A.3d 1023 (D.C. 2015)
  • City of Los Angeles v. Superior Court, 2015 Cal. App. Unpub. LEXIS 1746 (Cal. Ct. App. 2015)
  • Yee v. American National Insurance Co., 225 Cal. App. 4th 453, 185 Cal. Rptr. 363 (Cal. Ct. App 2015)
  • Gilb v. Chiang, 186 Cal.App.4th 444, 111 Cal. Rptr. 3d 822 (Cal. Ct. App. 2010)
  • Washkoviak v. Sallie Mae, 900 A.2d 168 (D.C. 2006)
  • Washkoviak v. Sallie Mae, 849 A.2d 37 (D.C. 2004)
  • In Re: E.D.R. 772 A.2d 1156 (D.C. 2001)
  • Moore Business Forms v. Cordant Holdings Corp., 23 Del. J. Corp. L. 1374 (Del. Chancery Court 1997)
  • In Re: Advisory Opinion to the Governor, 509 So.2d 292 (Fla. 1987)

United States District Courts and Bankruptcy Courts

  • Davis v. California, (In re Venoco LLC), 2022 B.R. LEXIS 2330, 2022 WL 3639414 (Bk. Ct. D. Del. 2022)
  • California v. Davis (In re Venoco LLC), 610 B.R. 239, 2020 U.S. Dist. LEXIS 704 (D. Del. 2020)
  • Plains All Am. Pipeline, L.P. v. Cook, 201 F. Supp.3d 547 (D. Del. 2016)
  • Fidelity & Guaranty Life Insurance Co. v. Chiang, 2014 U.S. Dist. LEXIS 159858 (E.D. Cal. 2014)
  • Am. Trucking Associations v. City of Los Angeles, 2010 U.S. Dist. LEXIS 88134, 118949 (C.D. Cal. 2010)
  • Board of Trustees of Unite Here v. MR Watergate, LLC, 677 F. Supp. 2d 229 (D.D.C. 2010)
  • Federal Maritime Commission v. City of Los Angeles, 607 F. Supp. 2d 192 (D.D.C. 2009)
  • Am. Trucking Associations v. City of Los Angeles, 2008 U.S. Dist. LEXIS 99691 (C.D. Cal. 2008)
  • American Airlines, Inc. v. City of Los Angeles, 2008 U.S. Dist. LEXIS 91122 (C.D. Cal. 2008)
  • CylinkCorp. v. Schnorr, 939 F. Supp. 39 (D.D.C. 1996)
  • Citibank, FSB v. Federal Deposit Insurance Corp., 836 F. Supp. 3 (D.D.C. 1993)
  • Puerto Rico Conservation Foundation v. Larson, 797 F. Supp. 1074 (D.P.R. 1992)
  • Puerto Rico Conservation Foundation v. Larson, 797 F. Supp. 1066 (D.P.R. 1992)
  • United States v. ESIC Capital Inc., 675 F. Supp. 464, 675 F. Supp. 1462 (D. Md.1988)
  • United States v. ESIC Capital, Inc., 685 F. Supp. 483 (D. Md. 1988)
  • Alaska Oil Co. v. Alaska, 45 B.R. 358 (D. Alaska 1985)
  • No Oilport! v. President Carter, 520 F. Supp. 334 (W.D. Wash. 1981)

United States Court of Federal Claims

  • Bank of America v. United States, 70 Fed. Cl. 246 (2006); 67 Fed. Cl. 577 (2005)
  • Home Savings of America v. United States, 70 Fed. Cl. 303 (2006); 69 Fed. Cl. 187 (2005); 57 Fed. Cl. 694 (2003)
  • Shoshone Indian Tribe of the Wind River Reservation v. United States, 52 Fed. Cl. 614 (2002)
  • Bank of America, FSB v. United States, 55 Fed. Cl. 670 (2003); 51 Fed. Cl. 500 (2002)
  • Coast Federal Bank, FSB v. United States, 49 Fed. Cl. 11 (2001); 49 Fed. Cl. 53 (2001)
  • Coast Federal Bank, FSB v. United States, 48 Fed. Cl. 402 (2000)
  • California Federal Bank v. United States, 43 Fed. Cl. 445 (1999)
  • Hatter v. United States, 38 Fed. Cl. 166 (1997)
  • Plaintiffs In Winstar-Related Cases v. United States, 37 Fed. Cl. 174 (1997)
  • California Federal Bank v. United States, 39 Fed. Cl. 753 (1997)
  • Hatter v. United States, 31 Fed. Cl. 436 (1994)
  • Hatter v. United States, 21 Fed. Cl. 786 (1990)

News & Insights

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Credentials

Education

  • Harvard Law School, J.D., magna cum laude
  • Dartmouth College, B.A., magna cum laude

Bar Admissions

  • District of Columbia
  • California
  • Florida

Clerkships

  • U.S. Court of Appeals, District of Columbia Circuit

Recognition & Affiliation

Recognition

  • Named among The National Law Journal "Litigation Trailblazers" (2016)
  • Named "Washington, DC Super Lawyer" in Business Litigation by Thomson Reuters (2013-2021)
  • Named "Best Lawyer" in Commercial Litigation, The Best Lawyers in America, published by Woodward White, Inc. (2013-2023)
  • Recognized as a “Local Litigation Star” among Washington, DC litigators, Benchmark Litigation, The Definitive Guide to America’s Leading Litigation Firms & Attorneys (2011-2016, 2023-2024)
  • Recipient of California Lawyer Attorneys of the Year (CLAY) Award by California Lawyer (2014)
  • Named in Who's Who in America
  • Named to the District of Columbia Courts' Capital Pro Bono Honor Roll (2019-2022)

Affiliations

  • Trustee and former President, Family Matters of Greater Washington (1978-2016)
  • Trustee, Wild Earth Allies (2019-present)
  • Lt. Colonel, California State Guard

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