Nicholas Schlossman is an associate in the Washington, D.C. office of Latham & Watkins and a member of the firm’s Litigation & Trial Department.

Mr. Schlossman represents clients in high-stakes litigation matters, including disputes with the government, consumer class actions, and other complex proceedings.

Mr. Schlossman is a versatile litigator who represents clients before trial courts, arbitrators, appellate courts, and administrative agencies, typically in cases involving a complex regulatory overlay.  He works with clients in a number of highly regulated industries, especially those in the pharmaceutical, healthcare, biotechnology, telecommunications, and technology sectors.

In addition, he regularly drafts briefs and provides counseling on novel issues of administrative law and challenges to the legality of government actions. His matters arise under a wide range of federal statutory and regulatory regimes, including the Federal Food, Drug, and Cosmetic Act, Controlled Substances Act, Plant Protection Act, Telephone Consumer Protection Act, Copyright Act, securities laws, and various consumer protection statutes. In addition to litigating these issues, he provides pre-dispute counseling to clients in regulatory matters that may result in litigation.

Mr. Schlossman serves as a member of the firm’s Ethics Committee. Prior to joining Latham, Mr. Schlossman earned his JD from Harvard Law School, where he served as an editor on the Journal of Law and Technology.

   Representative matters in which Mr. Schlossman has played a significant role include:

  • Representation of online service provider against multi-party copyright claims and defenses pursuant to the Digital Millennium Copyright Act (DMCA)
  • Hart v. Charter Communications, Inc., 2021 WL 4893353 (C.D. Cal. 2021): compelling arbitration and rejecting enforceability challenges based on novel claim-preclusion arguments
  • Hale v. Teladoc Health, Inc., 2021 WL 1163925 (S.D.N.Y 2021): dismissing with prejudice Telephone Consumer Protection Act (“TCPA”) class action for failure to state a claim
  • Hart v. Charter Communications, Inc., 814 Fed. Appx. 211 (9th Cir. 2020): affirming lower court victory compelling arbitration of consumer claims based on contract formed through inquiry notice
  • Representation of multiple energy producers in contractual disputes brought by their vendors
  • Suttles v. Facebook, Inc., 461 F. Supp. 3d 479 (W.D. Tex. 2020): dismissing with prejudice TCPA case for failure to state a claim
  • Charter Communications, Inc. v. United States, 722 Fed. Appx. 604 (9th Cir. 2019): invalidating part of the TCPA as a content-based regulation of speech inconsistent with the First Amendment
  • Hunter v. Time Warner Cable, Inc., 2019 WL 3812063 (S.D.N.Y. 2019): defeating class certification in case alleging approximately 150 million phone calls placed in violation of the TCPA
  • National Association of Wheat Growers v. Zeise, 468 F. Supp. 3d 1247 (E.D. Cal. 2018): granting permanent injunction against enforcement of California’s Proposition 65 warning requirement on First Amendment grounds
  • Miller v. Time Warner Cable, Inc., 2016 WL 7471302 (C.D. Cal. 2016): dismissing injunctive TCPA claim for lack of Article III standing and compelling remaining damages claim to arbitration
  • In re: Time Warner Cable, Inc., Telephone Consumer Protection Act (TCPA) Litigation, 247 F. Supp. 3d 1388 (J.P.M.L. 2016): denying centralization of TCPA class actions
  • Robert Ito Farm, Inc. v. County of Maui, 111 F. Supp. 3d 1088 (D. Haw. 2015): invalidating county ban on biotechnology crops as preempted by federal and state law
  • Representation of petrochemical manufacturer in contractual dispute relating to release of natural gas pipeline capacity
  • Representation of international oilfield services provider in federal securities class actions, related shareholder derivative litigation, and SEC investigation arising out of financial restatements relating to income tax accounting
  • Representations in investigations regarding compliance with US sanctions laws, and counseling and advice to financial institution clients concerning sanctions regulations

Bar Qualification

  • District of Columbia
  • Texas

Education

  • JD, Harvard Law School, 2014
    cum laude
  • BA, Rice University, 2009
    summa cum laude
General Recognition Thumbnail
May 21, 2020Recognition

Legal Lion: Latham & Watkins

Firm is among this week's legal lions with a win for Facebook in litigation over unwanted text messages.