Aryeh S. Portnoy is partner in Crowell & Moring's Litigation Group. Resident in the firm's DC office, Aryeh joined Crowell & Moring in 1998. He specializes in complex cross-border and domestic litigation in U.S. state and federal trial and appellate courts. He has counseled and represented corporate, non-profit, and individual clients as well as foreign and domestic government agencies and officials in all phases of litigation.
Aryeh has substantial experience representing foreign and domestic clients in international and cross-border matters. He has litigated extensively under the Foreign Sovereign Immunities Act (FSIA), Alien Tort Statute, and the Act of State Doctrine on behalf of both private and governmental entities. Aryeh also provides compliance counseling and training to domestic and multinational corporations on compliance with the U.S. Foreign Corrupt Practices Act (FCPA).
Aryeh also has several cases involving U.S. and foreign governments, agencies, and officials. These cases range from complex international commercial disputes involving foreign sovereign entities (including central banks) to tort claims, including wrongful death actions against public and private defendants under the Federal Tort Claims Act and state common law, and lawsuits against foreign governments on behalf of victims of terrorism. Aryeh also represents government agencies and officials. He recently represented the District of Columbia Public Schools in a major class-action under the Individuals with Disabilities Education Act, and currently represents officials of the United States in litigation arising from the performance of their public duties, recently obtaining dismissal of all claims against a former Army Brigadier General in litigation arising from the war in Iraq.
In addition to governmental and "public" litigation, Aryeh has litigated extensively on behalf of U.S. and international corporate and individual clients in civil and criminal matters in a variety of areas including white collar and securities fraud, false claims act and qui tam litigation, ERISA, and products liability litigation. Aryeh's experience includes the successful defense of the American Psychiatric Association in the Ritalin class action litigation, the dismissal (and settlement) of securities fraud claims against a major financial institution as underwriter in securitized asset offerings, and the acquittal on all counts of the president of a major marine construction company who was charged with criminal violations of the Sherman Antitrust Act.
Aryeh has an active pro bono practice, representing clients in contested custody actions. He also has been appointed on many occasions by District of Columbia Superior Court judges as Guardian ad Litem for children in the District of Columbia neglect system. In 2008, Aryeh was recognized by the Washington DC Chapter of City Year as an "Idealist of the Year" for his pro bono custody work on behalf of children in the District of Columbia.
Born and raised in New York, Aryeh is a 1995 magna cum laude graduate of Columbia University, and received his law degree in 1998 from New York University School of Law.
Recent Representations
· Pugh v. Socialist People's Libyan Arab Jamahiriya, et al. (D.D.C.) ($6.1 billion judgment arising from terrorist bombing of UTA 772 in September 1989)
· Smith v. Hope Village, Inc., 481 F. Supp.2d 172 (D.D.C. 2007) (defeating summary judgment motion by DC Halfway House in litigation arising from murder of 9-year old girl by previously released resident)
· In re Iraq and Afghanistan Detainees Litig., 479 F. Supp.2d 85 (D.D.C. 2007) (dismissal of all claims against former Army Brigadier General in litigation arising from war in Iraq)
· Carney v. United States, 182 Fed. Appx. 295, 2006 WL 1307556 (5th Cir. 2006) (affirmance of dismissal of all claims against current and former agents of Office of Thrift Supervision)
Memberships
· D.C. Bar - International Law Section and Criminal Justice Section
· American Bar Association - International Law Section
· International Bar Association - Litigation Section
Awards & Recognitions
· Legal Aid Society of the District of Columbia Klepper Prize for Volunteer Excellence, April 2011
· Kavod Award for Distinguished Service, Congregation Beth El of Montgomery County, May 2009
· City Year Idealist of the Year Award, May 2008
· Crowell & Moring LLP Pro Bono Award, 2005
Publications
· The Foreign Sovereign Immunities Act: 2010 Year In Review (2011). Co-Authors and Editors: Laurel Pyke Malson, Katherine Nesbitt, Aryeh S. Portnoy, Lisa Savitt, Birgit Kurtz, David Bell, Arash Jahanian, Jonathan Anastasia, Elizabeth Carter, Melanie Natasha Henry, Nicholas Fromherz, Julia Franklin, and Dalal Hasan.
· The Foreign Sovereign Immunities Act: 2009 Year in Review (2010). Co-Authors and Editors: Laurel Pyke Malson, Katherine J. Nesbitt, Aryeh S. Portnoy, Birgit Kurtz, John Murino, Joshua Dermott, Beth Goldman, Arash Jahanian, Marguerite Walter, Howard Yuan, Lisa Savitt and David Bell.
· "Forum Selection and Forum Non Conveniens: A Plaintiff's Perspective," ABA International Law Section Fall Meeting (November 2009). Co-Authors: Aryeh S. Portnoy, Katherine J. Nesbitt and Beth I. Goldman.
· "Holding terrorist states accountable using civil litigation," Justice, No. 46 - The International Association of Jewish Lawyers and Jurists (Spring 2009). Co-Authors: Stuart H. Newberger, Aryeh S. Portnoy and Joshua Dermott.
· "Private actions under the U.S. Foreign Corrupt Practices Act: an imminent front?," IBA's International Litigation News (April 2009). Co-Authors: Aryeh S. Portnoy and John L. Murino.
· The Foreign Sovereign Immunities Act: 2008 Year in Review, (2009). (Published in Law and Business Review of the Americas (Spring 2010)). Co-Authors and Editors: Aryeh S. Portnoy, Katherine J. Nesbitt, Laurel Pyke Malson, Birgit Kurtz, Joshua Dermott, Beth Goldman and Marguerite Walter.
· The ABCs of Cross Border Litigation in the United States, (February 2008). Co-Author and Editor: Aryeh S. Portnoy.
· "Family Matters; Why You Should Take a Custody Case," American Bar Association Family Law Litigation, Volume 6, No. 1 (Spring 2007). Author: Aryeh S. Portnoy.
Alerts & Newsletters
· "Private Right of Action under the FCPA? Risks increase as litigants increasingly use foreign bribery allegations as predicate acts in U.S. civil tort cases.," White Collar Alert (October 29, 2008). Contacts: Alan W. H. Gourley, Thomas A. Hanusik, Aryeh S. Portnoy, Carrie F. Fletcher.
· "FCPA Enforcement Update - DOJ Arrests Four Individuals for Bribery Activities in Vietnam," International Trade Bulletin (September 10, 2008). Contacts: Alan W. H. Gourley, Thomas A. Hanusik, Aryeh S. Portnoy, Carrie F. Fletcher.
· "FCPA Enforcement Update - DOJ Arrests Four Individuals for Bribery Activities in Vietnam," White Collar Alert (September 10, 2008). Contacts: Alan W. H. Gourley, Thomas A. Hanusik, Aryeh S. Portnoy, Carrie F. Fletcher.
· "Tis the Season to Give Gifts or Is It?," White Collar Alert (January 2, 2008). Contacts: Alan W. H. Gourley, Thomas A. Hanusik, Aryeh S. Portnoy.
· "FCPA's Ever-Expanding Reach Goes Private," White Collar Alert (December 19, 2007). Contacts: Aryeh S. Portnoy, Thomas A. Hanusik, Alan W. H. Gourley.
· "SEC Settlement Highlights Risks for Corporate Executives Under the FCPA," White Collar Alert (December 14, 2007). Contacts: Aryeh S. Portnoy, Thomas A. Hanusik, Alan W. H. Gourley.
· "DOJ Makes Good On Promise To Prosecute Individuals For FCPA Violations," White Collar Alert (July 27, 2007). Contacts: Alan W. H. Gourley, Thomas A. Hanusik, Aryeh S. Portnoy, John L. Murino.
· "Record $44 Million Settlement for FCPA Violations," White Collar Alert (April 27, 2007). Contacts: Alan W. H. Gourley, Thomas A. Hanusik, Aryeh S. Portnoy, John L. Murino.
· "Grand Jury Returns Second FCPA Indictment of Former Alcatel Executives," White Collar Alert (March 21, 2007). Contacts: Aryeh S. Portnoy, Thomas A. Hanusik, Alan W. H. Gourley.
· "Department Of Justice Issues Updated Guidelines For Corporate Prosecution," Government Contracts Bullet Points (December 27, 2006). Contacts: Thomas A. Hanusik, Philip T. Inglima, Aryeh S. Portnoy.
· "Department of Justice Supersedes Thompson Memorandum," White Collar Alert (December 13, 2006). Contacts: Thomas A. Hanusik, Philip T. Inglima, Aryeh S. Portnoy.
Speaking Engagements
· "Sovereign Litigation in the U.S.," Seminar on International Legal Issues presented to Government of the Republic of Colombia, Bogota, Colombia (June 5, 2009). Speaker: Aryeh S. Portnoy.
· Washington Council of Lawyers Pro Bono Fair (February 10, 2009). Keynote Speaker: Aryeh S. Portnoy.