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David B. Rivkin, Jr.

Partner, Baker & Hostetler LLP
David Rivkin

David Rivkin is a member of the firm’s litigation, international, and environmental teams and is co-leader of the firm’s national Appellate Practice. He has extensive experience in constitutional, administrative, and international law litigation and has been involved in numerous high-profile cases. With prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.

David has developed and implemented legislative, regulatory, and litigation initiatives for two Administrations. Over the years, he has published hundreds of articles, op eds, book reviews, and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental, and energy issues for various newspapers and magazines, including The Wall Street JournalWashington PostNew York TimesUSA Today, and Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR, and PBS.

Professional Experience
  • David is the lead counsel in the Section 1983 Civil Rights Action case brought against several Wisconsin state government officials, alleged to have initiated a sprawling John Doe investigation directed solely at conservative and right-of-center policy advocacy groups in the state.
  • As part of BakerHostetler’s role as court-appointed counsel to the Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, David is responsible for the appellate litigation in more than half a dozen Second Circuit and Supreme Court cases.
  • David is a lead lawyer on a team that represents a former London-based JPM managing director whose cooperation was sought in the investigation related to a multibillion-dollar trading loss for the bank. Through aggressive defense of the former managing director and utilizing skills honed during involvement in investigating complex financial frauds, David and the team secured a rare non-prosecution agreement with the Justice Department and agreements with other regulatory authorities, which enabled the client to cooperate with federal prosecutors in the continuing investigations.
  • Through arguments before the district courts, Fourth Circuit and Seventh Circuit Courts of Appeals, David successfully defended several Bivens actions brought against former Secretary of Defense Donald H. Rumsfeld.
  • With considerable experience in litigation involving national security-related matters, David represented Senators McCain, Graham, and Ayotte in the Second Circuit caseHedges, which entailed a challenge to the constitutionality of the military detention-related provisions contained in the National Defense Authorization Act.
  • When 26 states challenged the constitutionality of Medicare revisions under the Patient Protection and Affordable Care Act and argued that an “individual mandate” was beyond the powers granted to Congress under the Commerce Clause and the Necessary and Proper Clause, David represented the states and was lead outside counsel in the District Court and Court of Appeals. The United States District Court for the Northern District of Florida ruled in favor of the states at the case outset, with David handling both the briefing and oral arguments. The government appealed the case to the Eleventh Circuit, where David continued his involvement and the original decision was affirmed.
  • David represented the Republic of Croatia before the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice for a number of years on a wide range of issues involving international humanitarian law and the laws of war. He was Croatia’s lead lawyer in both venues and handled numerous rounds of briefings and oral arguments.
  • David has represented corporations in alien tort statue and civil RICO litigation, as well as in challenges to federal agency actions and constitutional challenges to state statutes. He also represented the State of Texas in the U.S. Court of Appeals, D.C. Circuit, during a challenge to several of the EPA’s rules that sought to regulate greenhouse gasses under the Clean Air Act.
  • David handled the development and implementation of President George H.W. Bush’s deregulatory initiatives, which entailed review of all existing federal regulatory strictures and the application of a more rigorous cost-effective standard to new regulations. His substantive areas of responsibility included international sanctions, energy, environment, and tax issues.
  • David played a leading role in the development of FERC Order 636, which introduced major changes to the regulation of the interstate natural gas pipelines, and simultaneously served as the Special Assistant for Domestic Policy to then Vice President Dan Quayle.
Education
  • J.D., Columbia University School of Law, 1985
  • M.A., Soviet Affairs, Georgetown University, 1984, with high honors
  • B.S.F.S., Georgetown University, 1980

The Federalist Society takes no position on particular legal or public policy issues. The people listed as Experts have spoken or otherwise participated in Federalist Society events, publications, or multimedia presentations. A person's appearance on this list does not imply any other endorsement or relationship between the person and the Federalist Society. All expressions of opinion by an expert are those of the expert.

Publications and Multimedia
Executive Action on Immigration - Event Audio/Video
Sponsored by the Federalist Society's Practice Groups
February 20, 2015
Newly Proposed CO2 Rules - Podcast
Environmental Law & Property Rights Practice Group Podcast
June 06, 2014
Debt Ceiling Deadline - Podcast
Federalism & Separation of Powers Practice Group Podcast
October 14, 2013
Environmental Law and Regulation - Event Audio/Video
First Annual Executive Branch Review Conference
June 14, 2013
Health Care Decision: NFIB v. Sebelius - Podcast
Federalism & Separation of Powers Practice Group Podcast
June 28, 2012
Where Are the Muslim Moderates? - Event Audio/Video
Silenced: Are Global Trends to Ban Religious Defamation, Religious Insult, and Islamophobia a New Challenge to First Amendment Freedoms?
November 04, 2011
The President's Authority in Libya - Podcast
International & National Security Law Practice Group Podcast
April 07, 2011
Terror Trials and Executive Power - Podcast
International & National Security Law Practice Group Podcast
January 28, 2011
The War on Terror: Where Are We Now? Where Do We Go from Here? - Event Audio/Video
International & National Security Law Practice Group
January 27, 2010
Individual Health Care Insurance Mandate Debate
Online Debate
November 03, 2009
Detention and Trial of Terrorist Suspects - Event Audio/Video
International & National Security Law Practice Group
May 28, 2009
OLC Memos
Online Debate
April 24, 2009
The War on Terror: Litigation Update - Event Audio
International & National Security Law Practice Group
February 24, 2009
International Law & the Separation of Powers - Event Audio/Video
2008 National Lawyers Convention
November 20, 2008
SCOTUScast 6-16-08 featuring David Rivkin
Boumediene v. Bush
June 16, 2008
The War on Terrorism and Specialized Courts - Event Audio/Video
Chicago Lawyers Chapter and International & National Security Law Practice Group
May 12, 2008
Executive Privilege (Continued)
Online Debate
August 17, 2007
International Law - Coercing Virtue: The Worldwide Rule of Judges - Event Video
A Conference Discussing the Contributions of Judge Robert H. Bork
June 26, 2007
Customary International Law, the War on Terror, and the Constitution - Event Audio
International & National Security Law Practice Group
May 03, 2006