Jeffrey S. Bucholtz

Successful appellate matters include representing:

• Federal Reserve Bank of Kansas City in the Tenth Circuit defeating litigation alleging that all state-chartered banks have an absolute right to a Reserve Bank master account regardless of risk
• Leading laboratory company in the Supreme Court and the Eleventh Circuit defeating qui tam litigation by former compliance officer
• Zyla Life Sciences in the Supreme Court and the Fifth Circuit establishing pharma companies’ right to bring state-law unfair trade practice claims against competitors unlawfully selling unapproved drugs in the guise of “compounding”
• R.J. Reynolds in many state court appeals in Florida and other states defeating product liability claims
• A DEA agent in the Supreme Court in Walden v Fiore, a case presenting important issues of personal jurisdiction and venue
• PODS in the Eleventh Circuit in a trademark infringement action against a competitor
• Several hospitals in the D.C. Circuit in winning relief from CMS’s erroneous adjustments to hospitals’ payments
• Huntington Ingalls Industries in the Supreme Court and the Fifth Circuit in defeating a qui tam action
• Chevron in the Supreme Court and the D.C. Circuit in enforcing a $100M arbitral award against Ecuador
• Federal Reserve Banks in the Federal Circuit establishing that Reserve Banks are eligible to institute inter partes review to challenge patents
• Medical imaging provider in the Sixth Circuit in winning reversal of an adverse judgment in a government-intervened False Claims Act case

Successful matters outside the appellate courts include representing:

• Vascular Solutions in winning full acquittal in a federal criminal prosecution in Texas alleging off-label promotion
• A federal grand jury subpoena recipient in winning a motion to quash the subpoena
• Allergan in its First Amendment declaratory judgment action challenging restrictions on truthful speech about off-label uses of FDA-approved drugs
• Many leading companies in pharmaceutical, medical device, healthcare, defense, and other sectors in obtaining declinations in criminal and False Claims Act investigations and favorable resolutions
• A construction company in NY federal court in a successful action to confirm an arbitral award against Mexico’s state oil company despite a Mexican court’s annulment of the award

Jeff Bucholtz focuses on appeals and legal issues in clients’ most challenging and high-stakes matters. Jeff has argued over 60 appeals before nearly every federal circuit court as well as the U.S. Supreme Court and many state courts. Jeff also gets involved at early stages of matters to help clients avoid and solve problems by obtaining declinations in government investigations, persuading federal agencies to take favorable action, and winning cases in the trial court.

Jeff's experience extends to a wide range of subject areas, including False Claims Act investigations and litigation, First Amendment and other constitutional issues, administrative law, preemption issues, and product liability litigation. He has particular expertise in Life Sciences, representing numerous FDA-regulated companies in civil, regulatory and criminal matters, as well as clients in the financial services, defense technology, and many other industries.

Previously, Jeff served at the U.S. Department of Justice in a number of senior roles, including the Acting Assistant Attorney General and Principal Deputy Assistant Attorney General for the Civil Division, the department’s largest litigating division. Jeff was also the Deputy Assistant Attorney General overseeing the Consumer Protection Branch (recently renamed the Enforcement & Affirmative Litigation Branch), which brings criminal and civil enforcement actions on behalf of FDA and defends FDA in administrative law challenges, as well as the Torts Branch, which defends constitutional and common-law tort claims against the government and federal employees and officers.