John D. Clopper

Environmental and Energy Law

• Represented Department of Agriculture in challenge to international treaty-based regulations relating to environmental risks presented from importation of wood-borne pests. Natural Resources Defense Council v. U.S. Department of Agriculture et al., No. 09-2021 (2d Cir.).
• Recovered $125 million in environmental Superfund clean-up costs from a Fortune 500 company in bankruptcy under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In re Dana Corp., 07 Civ. 8160 (S.D.N.Y.).
• Represented Department of Energy in litigation brought by environmental advocacy organization to obtain records relating to Ohio coal facility and related defense contracts. Natural Resources Defense Council v. Department of Energy, 09 Civ. 1334 (S.D.N.Y.).
• Represented pipeline-carriers in successful challenge to FERC rate orders. Frontier Pipeline v. FERC, No. 04-1343 (D.C. Cir.).

Employment Law

• Obtained favorable jury verdict, affirmed on appeal, in favor of U.S. Customs and Border Protection in case alleging national origin employment discrimination. Akinyemi v. Chertoff, 07 Civ. 4048 (S.D.N.Y.) and No. 08-4094 (2d Cir.).

Copyright/Intellectual Property

• Represented interests of U.S. Copyright Office in class action litigation relating to Google Books project, successfully arguing that Google’s digitization of copyrighted works violated rights of absent class member copyright holders. The Authors Guild, Inc. v. Google, Inc., 05 Civ. 8136 (S.D.N.Y.).

Higher Education

• Represented Department of Education in challenge brought by for-profit college association to proposed regulations implementing Higher Education Act's (HEA) gainful employment provision. Association of Proprietary Colleges v. Duncan, 14 Civ. 8838 (S.D.N.Y.).

International Law

• Defended multimillion-dollar tax refund claim brought by AIG relating to “foreign tax credit generator” transactions.  Conducted discovery in United States and abroad, including appearing in French court to conduct examination of witness pursuant to Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters. AIG, Inc. v. United States, 09 Civ. 1871 (S.D.N.Y.).
• Represented United States in asserting the immunity from suit of the current Prime Minister of the Republic of India. American Justice Center v. Modi, 14 Civ. 7780 (S.D.N.Y.).
• Represented State Department and Treasury Department in appeal relating to efforts by judgment creditors to attach the assets of the Republic of Argentina held by the Federal Reserve Bank of New York. EM v. Republic of Argentina, No. 10-1487 (2d Cir.).
• Represented State Department in appeal opposing attempt by judgment creditor of Islamic Republic of Iran to attach diplomatic property held in trust by United States pursuant to Vienna Convention on Consular Relations and Foreign Missions Act. Hegna v. Islamic Republic of Iran et al., No. 11-1582 (2d Cir.). 

Consumer Health & Safety

• Represented FDA in Administrative Procedure Act challenge to FDA’s delay in finalizing regulations regarding safety and effectiveness of active ingredients of topical antimicrobial products. Natural Resources Defense Council v. Food & Drug Administration, 10 Civ. 5690 (S.D.N.Y.).

National Security Law

• Defended U.S. intelligence community in litigation challenging the National Security Agency’s call detail records collection program. ACLU v. Clapper, 13 Civ. 3994 (S.D.N.Y.), rev’d, No. 14-42 (2d Cir. May 7, 2015).
• Represented Treasury Department’s Office of Foreign Assets Control, filed amicus brief addressing interaction between U.S. economic sanctions programs and statute authorizing victims of state-sponsored terrorism to recover from blocked funds of state sponsors of terrorism. Rux v. ABN AMRO Bank N.V., 08 Civ. 6588 (S.D.N.Y.). 
• Represented U.S. Department of Justice is suit brought by news media outlet to compel release of information relating to President’s Surveillance Program, Section 215 of the USA PATRIOT Act, and Section 702 of the Foreign Intelligence Surveillance Act. New York Times v. Department of Justice, 14 Civ. 3776 (S.D.N.Y.).

Media Law

• Represented New York Times in lawsuit seeking records from FCC relating to agency’s net neutrality rulemaking. The New York Times v. Federal Communications Commission, 18 Civ. 8607 (S.D.N.Y.).
• Represented non-profit investigative news organization in litigation seeking to compel release of government contract relating to ICE’s care and custody of unaccompanied and family-separated migrant children. The Center for Investigative Reporting v. U.S. Immigration and Customs Enforcement, 19 Civ. 0909 (N.D. Cal.).
• Represented non-profit investigative news organization in litigation seeking to compel release of records related to request by U.S. business that State Department intercede on its behalf with Ukrainian government in matters related to ongoing investigations of political corruption by Ukrainian officials. The Center for Investigative Reporting v. U.S. Department of State, 19 Civ. 01726 (D.D.C.).