Steven J Rosenbaum

Steven Rosenbaum is one of the firm's active trial lawyers, having completed five trials and arbitrations in a nine-month period. His practice covers a wide range of complex litigation, from general commercial disputes to the defense of consumer protection actions to antitrust. Mr. Rosenbaum has a particular expertise in Court of Federal Claims litigation against the federal government, with his clients having been paid over $1.7 billion in awards and settlements. This is believed to be a record for that court. His clients in these actions have ranged from oil companies to mining interests to housing developers. The Federal Circuit in August 2008 affirmed the award of over $1 billion obtained for several oil companies due to the Government’s breach of their offshore oil and gas leases. Mr. Rosenbaum also has expertise in the representation of the energy industry in litigation involving oil and gas exploration and development. In 2012 alone, he successfully represented industry in defeating five lawsuits brought by environmental non-government organizations, challenging the approval of numerous exploration and development projects. Mr. Rosenbaum has also represented numerous life sciences and food companies and trade associations as both plaintiffs and defendants in civil litigation. These have included such matters as Commerce Clause, Preemption and First Amendment challenges to state laws and regulations; the defense of companies sued under California’s Proposition 65; and the defense of companies sued in class action lawsuits challenging their marketing or advertising practices. REPRESENTATIVE MATTERS Amber Resources et al. v. United States. This Court of Federal Claims lawsuit, brought on behalf of 11 oil and gas companies, sought monetary recovery for the Government’s breach of oil and gas leases offshore California. The Court awarded the plaintiffs $1.0 billion, which was affirmed by the Federal Circuit in August 2008. This is likely the largest single award in the 150 year history of the Court of Federal Claims. In earlier litigation, obtained a $138 million settlement for Chevron, Conoco and Murphy in a breach of contract case against the Government involving OCS leases in the Gulf of Mexico, and in 2000, obtained nearly $500 million in judgments and settlements for multiple oil and gas companies in breach of contracts case against the Government involving undeveloped OCS leases offshore North Carolina, Alaska and Florida. Mills et al. v. Giant Foods et al. Represented a coalition of dairy processors and retailers in successfully obtaining the dismissal (affirmed by the D.C. Circuit) of a suit alleging that they failed adequately to warn milk consumers about lactose intolerance; we also successfully represented the leading dairy processor trade association in obtaining the dismissal (affirmed by the Fourth Circuit) of a suit alleging that it misled consumers about the benefits of dairy products. Gulf Restoration Network, Inc. v. Salazar. Represented several national energy trade associations in successfully defeating challenge by environmental groups to sixteen Gulf of Mexico oil drilling projects approved by the Interior Department in 2010. Delta Petroleum Corp. v. United States. This Court of Federal Claims lawsuit addressed the Government’s contention that it was absolved from its breach of the plaintiff’s lease because the oil and gas underlying that lease had allegedly been drained by wells on an adjacent lease. After a nine day trial including extensive expert testimony on geology, geophysics, reservoir engineering and rock mechanics, the Court agreed that any drainage had been de minimis, and it awarded Delta over $91 million. Carabetta Enterprises v. United States. This Court of Federal Claims lawsuit challenged the Government’s breach of a contract with a developer of low income housing. The Court granted summary judgment as to liability, and after trial entered an award of over $18 million. The Federal Circuit affirmed these decisions in their entirety. HONORS AND RANKINGS Law360 “Most Valuable Player,” Energy (2012). Named one of four “Energy MVPs” in the nation for 2012 by Law360 for his achievements in major litigation that “raised the bar.” Legal 500 US, Energy: Litigation (2012)