Nicolas J. Rotsko, Phillips Lytle Senior Associate

Nicolas J. Rotsko

Senior Associate
(716) 847-5467
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Mr. Rotsko focuses his practice on complex business litigation and disputes with the federal government, including bid protests and contract claims. He provides strategic counseling that integrates the firm’s regulatory, corporate, banking, tax and government affairs capabilities to achieve clients’ objectives. He is also is a member of the Canadian Cross Border Team.

Mr. Rotsko has litigated a wide variety of business disputes, including breach of share purchase agreements, subrogation disputes, breach of fiduciary duties, theft of trade secrets, and breach of contract. His business litigation practice involves representation of plaintiffs and defendants in state and federal courts around the country, in both trial and appellate courts, as well as in arbitration. Mr. Rotsko has achieved favorable results in bet-the-company litigations involving heavily-regulated agricultural commodities markets.

Mr. Rotsko’s government contracts practice involves bid protest disputes that arise during the solicitation and award process; strategic advice regarding the FAR, CICA, CDA, the Concessions Policy Act of 1965, and the National Park Service Concessions Management Act of 1998; and asserting 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 also has experience with False Claims Act issues and internal investigations.

Prior to joining Phillips Lytle, Mr. Rotsko worked as an attorney in Washington D.C. focusing on judicial nominations and vetting cabinet-level political appointees. During law school Mr. Rotsko served as a judicial intern to the Honorable Nathan D. Mihara of the California Court of Appeal (6th District), and to the Honorable Nathan L. Hecht of the Texas Supreme Court.

Admitted to Practice

  • New York
  • U.S. District Court, Western District of New York
  • U.S. Court of Federal Claims
  • Ontario, Canada - Foreign Legal Consultant

Honors & Awards

  • Named Upstate New York Super Lawyers® Rising Star, 2017-2018
  • President’s Scholar, San Jose State University
  • James F. Willis Award, San Jose State University
  • Temple Prize, San Jose State University


  • The University of Texas School of Law, J.D., cum laude, 2010
  • San Jose State University, B.A., cum laude, 2005

Judicial Clerkships

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

Professional Associations

  • American Bar Association
    • Administrative Law and Regulatory Practice Section
  • Bar Association of Erie County
  • Court of Federal Claims Bar Association
  • New York State Bar Association
    • Commercial and Federal Litigation Section

Present Activities

  • Federalist Society’s Litigation Practice Group, Executive Committee Member

Past Activities

  • Texas Review of Law and Politics, Book Review Editor
  • UT Law Federalist Society, President
  • American Bar Association Media Alerts Project, U.S. Court of Appeals for the Fifth Circuit