Neitzel

Beth C. Neitzel

Partner
Co-Chair, Litigation Department; Co-Chair, Appellate Practice Group
Boston, Washington, DC

I help clients navigate novel legal challenges in complex regulatory environments and government-related litigation.

Beth Neitzel’s practice focuses on high-stakes government-related litigation and regulatory counseling in the climate and energy, education, and healthcare and life sciences spheres. She has substantial experience litigating cutting-edge constitutional and statutory issues at all levels in the state and federal courts, advising clients on regulatory strategy, and handling government investigations involving complex legal questions.  Before joining Foley Hoag, Beth served as a senior official in the Biden Administration and as a law clerk to Justice Ruth Bader Ginsburg of the U.S. Supreme Court.

Most recently, Beth served in the Biden Administration as Senior Counselor to the Secretary of Homeland Security. In this role, she oversaw Department-wide oversight efforts and advised the Secretary on a wide range of issues, from human trafficking and forced labor to civil rights and data privacy.  Beth previously served as a law clerk to the Honorable Ruth Bader Ginsburg of the Supreme Court of the United States, the Honorable David Tatel of the U.S. Court of Appeals for the District of Columbia Circuit, and the Honorable Diana Gribbon Motz of the U.S. Court of Appeals for the Fourth Circuit.

Following her clerkships, Beth practiced law in the Washington D.C. office of another international law firm where she focused on appellate and government regulatory litigation.  Beth briefed dozens of dispositive motions and appeals and regularly litigated opposite state attorneys general, administrative agencies, and federal departments.

Beth shares Foley Hoag’s deep commitment to pro bono work and has represented clients in numerous pro bono cases involving complex constitutional claims, immigration law, and administrative law.

Education

  • Stanford Law School, J.D., 2013
  • University of California-Berkeley, M.A. in Political Science, 2009
  • Macalester College, B.A. in Political Science, Phi Beta Kappa, summa cum laude, 2003

Bar and Court Admissions

BAR ADMISSIONS
  • Massachusetts
  • District of Columbia
  • California
COURT ADMISSIONS
  • U.S. Supreme Court
  • U.S. Courts of Appeals for the D.C. Circuit
  • U.S. Courts of Appeals for the Federal Circuit
  • U.S. Courts of Appeals for the Fourth Circuit
  • U.S. Courts of Appeals for the Fifth Circuit
  • U.S. District Courts for the District of Columbia
  • U.S. District Courts for the District of Maryland

Languages

  • Spanish

Experience Overview

While serving as Senior Counsel to the Secretary of Homeland Security, Beth:
  • Human Trafficking and Forced Labor: Managed implementation of Uyghur Forced Labor Prevention Act (UFLPA); oversaw CBP enforcement of UFLPA and Withhold Release Orders; interfaced with the White House and industry regarding supply chain impacts of forced labor enforcement; represented DHS in interagency and stakeholder engagements; led efforts to secure congressional authorization and funding for the DHS Center for Countering Human Trafficking; and expanded the Department’s Victim Assistance Program.
  • Privacy: Oversaw privacy-enhancement efforts to ensure compliance with the Privacy Act; partnered with Department leaders to assess DHS commercial-data use and develop commercial-data policy; reviewed Department reliance on social-media information in intelligence analysis; mediated a role for the Privacy Office in intelligence-product review; and advised Department leadership on biometric data collection and retention.
  • Child Sexual Exploitation and Abuse (CSEA): Led charge to significantly expand DHS counter-CSEA operations, public education, and policy work; oversaw development of national online public education campaign to combat online CSEA; represented DHS at national and international engagements on CSEA; liaised with interagency partners, Five Eyes partners, congressional allies, senior White House representatives, and tech company leadership on mitigation strategies in end-to-end encrypted environments and other responses to the dramatic increase in online CSEA.
  • Civil Rights and Civil Liberties: Managed development and implementation of the DHS Equity Action Plan; worked with Department leadership and White House Domestic Policy Council to advance LGBTQI+ equality initiatives, reproductive-rights protections, and legal aid and accessibility efforts; brokered intra-Department agreements regarding the role of the DHS Office of Civil Rights and Civil Liberties (CRCL) in policy development, detention oversight, intelligence-product review, and artificial-intelligence governance.
  • Labor: Oversaw process to expand collective bargaining rights for TSA workforce and helped coordinate TSA transition to Title V pay equity; re-established labor-management forums at Department and component levels; represented DHS in White House and interagency labor task force efforts.
Other experience includes:
  • Represented large financial software company in nationwide consumer protection matter in state and federal court.* 
  • Represented major social media company in multi-district antitrust class action.*
  • Represented DNC in election litigation in Arizona, Nevada, Pennsylvania, and Wisconsin after 2020 election.*
  • Second-chaired two-week criminal trial in federal court in partnership with Public Defender Service.  Secured acquittals or dismissals on all counts, including a post-conviction judgment of acquittal.*
  • Presented oral argument in Fifth Circuit in class action challenging pretrial detention of indigent detainees.*
  • Oversaw briefing in high-stakes land-into-trust dispute, prevailing at summary judgment on all counts.*
  • Represented major online platform in numerous content-moderation cases involving the First Amendment, Section 230 of the Communications Decency Act, and the Anti-Terrorism Act.*
  • Represented global biotechnology company in class action under the Anti-Terrorism Act against multiple biotechnology, pharmaceutical, and medical-device companies.
  • Regularly litigated opposite state attorneys general and federal agencies like the FTC, FDA, and DHS.*
  • Drafted cert petitions, briefs in opposition, and amicus briefs in the U.S. Supreme Court, as well as many merits briefs in the U.S. courts of appeals and state supreme courts.  Notable cases involved the First Amendment, Takings Clause, Due Process and Equal Protection, administrative law, Native American law, antitrust, copyright, immigration law, and criminal procedure.*
* Denotes representations handled by Beth prior to joining Foley Hoag.

CLERKSHIPS
  • Judicial Clerk to the Honorable Ruth Bader Ginsburg, Supreme Court of the United States
  • Judicial Clerk to the Honorable David S. Tatel, U.S. Court of Appeals for the D.C. Circuit
  • Judicial Clerk to the Honorable Diana Gribbon Motz, U.S. Court of Appeals for the Fourth Circuit

Honors & Involvement Overview

HONORS 
  • Best Lawyers: Ones to Watch, Appellate Practice (2021)
  • Best Brief and Best Overall Team in the Stanford Marion Rice Kirkwood Moot Court Competition
  • Senior Productions Editor, Stanford Law Review

Events

2023 ACLUM Bill of Rights Dinner Page
Sponsorship 09/22/2023