Aryeh S. Portnoy is partner in Crowell & Moring's Litigation Group and head of the firm's Hospitality Practice. Resident in the Washington, D.C. office, Aryeh joined Crowell & Moring in 1998. He focuses on 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 represents hospitality companies in domestic and international litigation and arbitration matters, including disputes regarding management agreements and development projects, government contracts disputes, and antitrust litigation. Aryeh's recent representations include the successful litigation of a high profile dispute on behalf of a major hotel management company regarding the development of a 1200-room luxury convention center hotel, and the successful arbitration on behalf of another major hotel management company in a multi-million dollar dispute over the applicability of a performance standard clause in a hotel management agreement. Aryeh's recent representations also include a management dispute regarding a resort in the Caribbean and a U.S. class action regarding online pricing of hotels.
Aryeh also has substantial experience representing foreign and domestic clients in international and cross-border matters. These matters 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 counsels clients and has litigated extensively under the Foreign Sovereign Immunities Act (FSIA) and is the co-author and editor of an annual review of litigation under the FSIA.
Aryeh's experience also includes the representation of U.S. and local government agencies and officials. He has successfully represented officials of the United States in several matters arising from the performance of their public duties, including obtaining dismissal of all claims against a former Army Brigadier General in litigation arising from the war in Iraq. He also has represented the District of Columbia Public Schools in a major class-action under the Individuals with Disabilities Education Act.
In addition to his litigation work, Aryeh also has provided compliance counseling and training to major U.S. and multinational corporations on compliance with the U.S. Foreign Corrupt Practices Act (FCPA).
Beyond these specialty areas, Aryeh has a robust general litigation practice in which 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 commercial disputes, white collar and securities fraud litigation, false claims act and qui tam litigation, and tax litigation. Aryeh recently obtained dismissal of all counts in a securities fraud class action under the PSLRA. Aryeh's experience also includes the successful defense of the American Psychiatric Association in a major pharmaceutical 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, in which he has handled over 35 contested custody disputes on behalf of indigent clients in the District of Columbia. In these matters, Aryeh has represented parents and grandparents seeking custody, and 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. Aryeh has been recognized for his pro bono custody work by receiving the "Idealist of the Year" award from the the Washington D.C. Chapter of City Year, and the Klepper Prize for Volunteer Excellence by the Legal Aid Society of 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.
Representative Matters
- Representation of major hotel management company in dispute with Owner over termination of management agreement for Caribbean resort.
- Representation of a South American Central Bank in litigation with global bank over alleged violations of investment guidelines for securities lending program.
- Representation of major U.S. energy company in multi-million-dollar tax dispute.
- Representation of victims of terrorism in FSIA litigation arising from attacks on U.S. embassy and U.S. embassy annex in Beirut, Lebanon.
- Representation of victims of terrorism in FSIA litigation arising from attack on U.S. embassy in Nairobi, Kenya.
- Successful representation of CFO in securities fraud class action brought pursuant to the PSLRA.
- Successful representation of major hotel management company in multi-million dollar dispute over applicability of performance standard in hotel management agreement.
- Successful representation of major hotel management company in dispute over development of 1,200 room luxury convention-center hotel.
- 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 (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 (dismissal of all claims against former Army Brigadier General in litigation arising from war in Iraq).
- Carney v. United States , 182 Fed. Appx. 295 (affirmance of dismissal of all claims against current and former agents of Office of Thrift Supervision).
Memberships, Awards, & Recognitions
- Law360 Hospitality Editorial Advisory Board Member, 2015-2016
- 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 Pro Bono Award, 2005
Affiliations
Admitted to practice: New York, District of Columbia, U.S. Court of Appeals for the District of Columbia Circuit, U.S. Courts of Appeals for the Fifth and Eleventh Circuits, Southern District of New York, U.S. District Court for the District of Columbia.
Highlights, News & Knowledge
Speeches & Presentations
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"Should We Stay or Should We Go: A Perspective on International Litigation in U.S. Courts," 2009 ABA International Law Section Fall Meeting
(Fall 2009).
Presenter: Aryeh S. Portnoy.
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"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.
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Washington Council of Lawyers Pro Bono Fair
(February 10, 2009).
Keynote Speaker: Aryeh S. Portnoy.
Publications
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"The Foreign Sovereign Immunities Act: 2014 Year in Review," Law and Business Review of the Americas
(Summer 2016).
Authors: Laurel Pyke Malson, Aryeh S. Portnoy, Birgit Kurtz, Theresa Buckley, Kate M. Growley, Namrata Kotwani, and Ethan W. Simonowitz.
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"The Foreign Sovereign Immunities Act: 2013 Year in Review," Law and Business Review of the Americas
(January 5, 2016).
Authors: Laurel Pyke Malson, Aryeh S. Portnoy, Birgit Kurtz, Theresa Buckley, Kate M. Growley, Namrata Kotwani, and Ethan W. Simonowitz.
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The Foreign Sovereign Immunities Act: 2012 Year in Review, Law and Business Review of the Americas, Vol. 20
(Fall 2014).
Co-Authors: Laurel Pyke Malson, Jesse Kirchner, Joanna Coyne, Aryeh S. Portnoy, Kate M. Growley, Namrata Kotwani, Amal Bouhabib, Louisa K. Marion, and Moreen O’Brien.
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The Foreign Sovereign Immunities Act: 2011 Year in Review, (Published in Law and Business Review of the Americas (Spring 2013)).
Co-Authors: Aryeh S. Portnoy, Laurel Pyke Malson, John L. Murino, Lisa J. Savitt, Birgit Kurtz, Samuel P. Nielson, Kerry Mustico, Jesse J. Kirchner, Moreen O’Brien, Jonathan J. Anastasia, Melanie Natasha Henry, and Arash Jahanian.
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The Foreign Sovereign Immunities Act: 2010 Year in Review, Law and Business Review of the Americas (Spring 2012).
Co-Authors: Aryeh S. Portnoy, Laurel Pyke Malson, Moreen O’Brien, Jesse J. Kirchner, Amal Bouhabib, Louisa Marion, and Kate M. Growley.
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The Foreign Sovereign Immunities Act: 2010 Year in Review, (Published in Law and Business Review of the Americas (Fall 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.
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The Foreign Sovereign Immunities Act: 2009 Year in Review, (Published in Law and Business Review of the Americas (Winter 2011)).
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.
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"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.
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"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.
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"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.
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The Foreign Sovereign Immunities Act: 2008 Year in Review, (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.
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The ABCs of Cross Border Litigation in the United States,
(February 2008).
Co-Author and Editor: Aryeh S. Portnoy.
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"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.
Client Alerts & Newsletters
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"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
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"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
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"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
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"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
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"FCPA’s Ever-Expanding Reach Goes Private,"
White Collar Alert
(December 19, 2007).
Contacts: Aryeh S. Portnoy, Thomas A. Hanusik, Alan W. H. Gourley
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"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
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"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
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"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
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"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
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"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
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"Department of Justice Supersedes Thompson Memorandum,"
White Collar Alert
(December 13, 2006).
Contacts: Thomas A. Hanusik, Philip T. Inglima, Aryeh S. Portnoy
In the News
Firm News & Announcements