Verified profile

Colin J. Cloherty

Litigator l Former Federal Prosecutor l Retired NFL Player

Colin J. Cloherty's profile photo
LocationWashingtonDistrict of Columbia, United States
Current roleAssociateWiley Rein LLP · since Apr 2024
Government service5yrsU.S. Attorney’s Office · U.S. District Court · U.S. Senate

About

Colin is a former federal prosecutor and experienced trial attorney. Colin represents corporate and individual clients in complex criminal and civil government enforcement actions, internal investigations, regulatory enforcement actions, and administrative proceedings.

Roles

Apr 2024–Present
Current role

Associate

Wiley Rein LLP

Washington, District of Columbia

EnforcementRegulatory SpecialistLegal InvestigatorWhite Collar CrimeCriminal LawCriminal Investigation
Oct 2019–Mar 2024
Former role

Senior Assistant United States Attorney

U.S. Attorney’s Office, United States Attorneys'​ Offices

(appointed)District of Columbia

AttorneyFederal GovernmentEnforcementWhite Collar CrimeCriminal LawCriminal Investigation

I investigated and prosecuted violent crime in the District Court for the District of Columbia as a member of the Federal Major Crimes Section of the Criminal Division. Previously, I investigated and prosecuted violent crime and fraud in D.C. Superior Court as a member to the General Crimes and Major Crimes Sections of the Superior Court Division. I have represented the United States in 13 trials.

Sep 2016–Oct 2019
Former role

Associate

Wiley Rein LLP

Washington, District of Columbia

Civil LitigationEnforcementRegulatory SpecialistWhite Collar CrimeGovernment Contracts

I worked in the Government Contracts and White Collar practice groups as an associate. I counseled government contractors and other companies on a broad range of legal issues, including government investigations, bid protests, claims, and complex litigation in federal and state courts. I also represented corporate clients in compliance and governance. As a certified Legal Lean Sigma Institute (LLSI) White Belt, I used the LLSI process and project management tools to continually improve the value proposition the firm delivers to its clients.

Jun 2015–May 2016
Former role

Notes and Comments Editor

Maryland Law Review

Maryland

Technical Writing and EditingWriting and Editing

As a Notes and Comments Editor for the Maryland Law Review, I assisted other students in drafting their Notes and Comments. Four students that I assisted published their Note or Comment in the Maryland Law Review.

May 2015–Jul 2015
Former role

Summer Associate Law Clerk

Wiley Rein LLP

Washington, District of Columbia

Law Clerk

I drafted substantive legal research memoranda and e-mails in government contracts law, commercial litigation, white collar litigation, corporate law, insurance litigation, and pro bono landlord-tenant law. I also assisted partners and associates in review hundreds of documents and develop arguments for arbitration.

Sep 2014–Nov 2014
Former role

Law Clerk

U.S. Attorney’s Office

(appointed)Maryland, District of

Law ClerkResearchLegal AssistanceLegal Officers and Practitioners

Assisted Assistant United State's Attorney Tom Barnard in drafting a Motion to Dismiss in Robinson v. Colvin, No. CIV. A. WDQ-14-2902 (D. Md. Nov. 21, 2014). I assisted Assistant United States Attorney's in preparation for criminal and civil litigation. I also drafted substantive legal memoranda relating to both criminal and civil litigation.

Jul 2014–May 2015
Former role

Associate Editor

Maryland Law Review

Maryland

Account ManagerWriting and Editing

As an Associate Editor, I drafted a Comment entitled "Unilateral Legislative Reductions in Contributions to Public Employee Health Benefits: The Revitalization of the Contracts Clause." In my Commented, I noted that state and local governments often attempt to reduce their contributions to public employees' health benefits when they face budget shortfalls. Over the past 15 years, public employees have increasingly turned to the Contracts Clause as a shield against these reductions. A review of cases in state and federal courts around the country revealed that inclusion of a Contracts Clause claim increases the likelihood that Public employee unions' complaints will survive the motion to dismiss phase of litigation. I then argue that Courts should apply common law Contracts principles, rather than the Unites States Trust test that governs the Contracts Clause, to avoid unjustly enriching state and local government at the expense of public employees while providing state and local governments with the flexibility to respond to financial emergencies.

Mar 2014–Mar 2014
Former role

Judicial Intern

U.S. District Court

(appointed)Maryland

Law ClerkResearchLegal Assistant

Served as judicial law clerk to the Honorable Richard D. Bennett , Researching and drafting opinions, orders, and bench memoranda.

Jan 2014–Jan 2014
Former role

Judicial Intern

U.S. District Court

(appointed)District of Columbia

ResearchLegal Assistant

Served as judicial law clerk to the Honorable Richard J. Leon, Researching and drafting opinions, orders, and bench memoranda.

Jan 2009–Jan 2013
Former role

Tight End

National Football League

HR, Training and Organisational Development

Atlanta Falcons (2013)

Jacksonville Jaguars (2011-2012)

San Francisco 49ers (2010-2011)

Cleveland Browns (2009)

Indianapolis Colts (2009-2010)

Jun 2007–Aug 2007
Former role

Intern

U.S. Senate

(appointed)Rhode Island

Administrative Assistant

Worked for Senator Sheldon Whitehouse in his home office. I responded to constituents' needs and concerns. Additionally, I attended several political events in Rhode Island.

Representative matters

Experience

May 2025

Represented an executive of a nonprofit organization in a Foreign Agents Registration Act (FARA) investigation. Served as outside counsel to a sports-industry private equity firm. Represented youth sports company in transaction with private equity firm. Tried fourteen jury and bench trials in Federal and local courts. Served as lead prosecutor through every phase of criminal litigation in hundreds of cases. Negotiated favorable settlement in government investigation and qui tam suit alleging False Claims Act violations. Conducted internal investigation in response to Inspector General's allegation of bid-rigging. Conducted internal investigation of government contractor for violation of procurement regulations. Represented executive of company in Suspension and Debarment proceedings relating to violations of the Small Business Agency’s rules. Represented government contractor in civil litigation in contract dispute with a subcontractor that resulted in a favorable outcome. Counseled a sports and media holding company in compliance, governance, and transactional matters. Secured favorable jury verdict as lead counsel to a pro bono client in a landlord-tenant matter certified to the Civil Division of D.C. Superior Court.

Recognition

Honors

Special Achievements Award

United States Attorney’s Office

January 2023

Two Special Achievements Award from the United States Attorney’s Office in 2023

Special Act Award

United States Attorney’s Office

January 2020

Special Act Award from the United States Attorney’s Office in 2020.

Publications & speeches

NCAA’s new arbitration system: A paradigm shift in college sports discipline

Sports Business Journal

November 2024

In a landmark development, Judge Claudia Wilken granted preliminary approval to a settlement agreement in "In re College Athlete NIL Litigation" that changes the landscape of college sports. Under the incumbent system, student athletes were allowed to receive NIL compensation only from third parties and the NCAA wielded broad authority over enforcement, effectively serving as prosecutor, judge, and jury. The settlement agreement will result in many changes in college sports, including a damages payment to former college athletes and the lifting of restrictions on schools directly compensating student athletes for use of their name, image, and likeness. While the settlement's provisions on NIL payments have garnered significant attention, the agreement's mandatory arbitration system for disciplinary disputes represents a fundamental shift in how the NCAA will enforce its rules and regulations. The NCAA, conferences, institutions and student athletes need to prepare for the new system, which will go into effect in the 2025-26 academic year.

Link

Planning For Cyber Incident Reporting Requirements In Sports

Law360

October 2024

Co-author

Link

Paris Olympics Signals DOJ Anti-Doping Enforcement in Process

Bloomberg Law

July 2024

Co-Author

Link

Managing Legal Risks After University Gaza Protests

Law360

June 2024

Co-Author

Link

OTAs Out at COFC: No Tucker Act Jurisdiction Over Post-Award OTA Protest

Wiley.law

September 2019

Co-Author

Link

The New Era of College Sports: NIL, Labor Rights, and the Future of Amateurism

American University Law Review Annual Symposium - "Pop Culture and the Law"

February 2025