Team Member Profile

Nicolas “Nick” Rotsko is a Partner and serves as Chair of the Litigation + Investigations Practice Group.  Mr. Rotsko focuses his practice on business litigation in the National Security space and lawsuits against the Government at all levels – state, local and federal – including contract disputes, constitutional violations, and challenges to agency action.

Mr. Rotsko has a long track record of excellent results as a business litigator, in a wide variety of complex disputes in courts around the country and in international arbitration, including “bet-the-company” breach of contract, business tort, corporate dissolution, and commercial real estate matters.

Mr. Rotsko offers litigation and advisory services for government contractors, including sub/prime disputes, contract claims, negotiation and administration, and compliance with the Federal Acquisition Regulation and other statutes and regulations governing contracting activity. He has litigated sizeable monetary claims against the federal government in the U.S. Court of Federal Claims, where he previously served as a law clerk to the Honorable Victor J. Wolski. He has also defended False Claims Act allegations, conducted internal investigations, and managed complex e-discovery.

Mr. Rotsko maintains an active constitutional and administrative litigation practice, asserting the rights of private parties against state, local, and federal governments in a variety of disputes, including civil rights, preemption challenges, environmental and energy regulation, land use, and procurement.

Prior to joining Fluet, Mr. Rotsko was a litigation partner in the Washington DC office of a full-service New York based-law firm, where he led the firm’s Government Contracts group and provided creative, multidisciplinary, strategic counseling and negotiation that integrated the firm’s litigation, regulatory, corporate, banking, tax and government affairs capabilities to achieve clients’ objectives. Prior to private practice, Mr. Rotsko worked as an attorney on judicial and cabinet-level nominations. During law school, he served as a judicial intern to the Honorable Nathan D. Mihara of the California Court of Appeal (Sixth District), and to the Honorable Nathan L. Hecht of the Texas Supreme Court.

*Nick Rotsko is admitted to practice law in New York.

Government Contracts Litigation/Federal Claims

  • Achieved favorable outcome for government contractor in international arbitration concerning damage claims in excess of $400 million arising out of subcontract for logistics services in Central Asia.
  • Represented contractor at the U.S. Court of Federal Claims after the government refused to ensure payment of fair value for intellectual and tangible property appraised at $100 million.
  • Asserted claim at the CBCA on behalf of landlord seeking to recover hold-over damages from federal agency tenant.
  • Represented cloud printing company in bid protest dispute with state university system.
  • Obtained favorable GAO ruling on question of first impression concerning jurisdiction over concession contracts.
  • Advised foreign bank on complex jurisdictional issues arising out of a U.S. embassy construction dispute.
  • Defended international financial institution in False Claims Act qui tam litigation.

Constitutional + Administrative Litigation

  • Obtained injunctions in federal court vindicating the Second Amendment rights of multiple plaintiffs.
  • Prevailed in federal preemption lawsuits on behalf of an interstate pipeline company against state and local governments attempting to block a $500 million natural gas pipeline project.
  • Litigated dormant Commerce Clause claim against state government attempting to block transmission of fracked gas from neighboring states.
  • Challenged arbitrary and capricious agency action for multiple clients.

Business Disputes

  • Recovered substantial contract damages for sugar industry plaintiff in international dispute against large Mexican sugar refiner.
  • Defended company in three simultaneous multi-million-dollar lawsuits under conditions where a loss in any of the three would have been fatal to the client’s business.
  • Negotiated creative resolution of commercial lawsuit for energy company culminating in acquisition of 3,600 oil and gas leases.
  • Represented referee appointed to resolve disputes between former partners of prominent Northeast law firm following dissolution.
  • Successfully asserted adverse possession to confirm client’s title to large industrial facility.
  • Judicial Clerk to The Honorable Victor J. Wolski, United States Court of Federal Claims
  • J.D., The University of Texas School of Law, Cum laude
  • B.A., San Jose State University, Cum laude
  • New York State Bar
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Federal Claims
  • Named Upstate New York Super Lawyers® Rising Star, 2017-2021
  • Lino A. Graglia Award, Texas Review of Law and Politics
  • President’s Scholar, San Jose State University
  • James F. Willis Award, San Jose State University
  • Temple Prize, San Jose State University