Nicolas Rotsko - Government Contracts + Litigation Attorney

Nicolas Rotsko*

Partner

Nicolas “Nick” Rotsko is a Partner in the Government Contracts and Litigation + Investigations Practice Groups and leads the firm’s Constitutional and Administrative/Regulatory Litigation section. Mr. Rotsko focuses his practice on litigation against the Government at all levels – state, local and federal – including contract disputes, constitutional violations, and challenges to agency action.

Supporting the firm’s Government Contracts Practice, Mr. Rotsko offers litigation and advisory services for prime contractors and subcontractors, including bid protests, contract claims, negotiation and administration, and compliance with the Federal Acquisition Regulation, Competition in Contracting Act, Contract Disputes Act 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.

Further, Mr. Rotsko has 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.

Mr. Rotsko also supports the firm’s Litigation + Investigations Practice. As a business litigator, he has a track record of results in a wide variety of complex business disputes around the country, including “bet-the-company” breach of contract, business tort, corporate dissolution, and commercial real estate matters.

Prior to joining Fluet, Mr. Rotsko was an equity partner in the Washington DC office of a mid-size 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 regulatory, corporate, banking, tax and government affairs capabilities to achieve clients’ objectives. Prior to private practice, Nick 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 only admitted to practice law in New York.

Representative Matters

Government Contracts Litigation/Federal Claims

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 government 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 an embassy construction dispute.
Defended international financial institution in False Claims Act qui tam action.

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.

Experience

Judicial Clerk to the Honorable Victor J. Wolski, United States Court of Federal Claims, 2011-2012

Education

J.D., The University of Texas School of Law (cum laude)
B.A., San Jose State University (cum laude)

Certifications, Licenses, + Awards