MoloLamken

District of Columbia

Review

Dispute resolution

A litigation boutique with offices in New York, Chicago and DC, MoloLamken has quickly become a favorite among the crowded field of litigation shops. The firm earns rave reviews from clients and peers. One client succinctly sums up the firm’s appeal: “MoloLamken has a strong reputation as being effective litigators, without the inefficiencies of a large firm.”
     New York-based founding partner Steven Molo remains its most recognized and revered central figure. Peers stand united in their assessments of his profile and prowess. “Steven Molo is a trial lawyer!” exclaims one peer. “He has come in on cases as trial counsel when cases make it past motions to dismiss, and more often I’m seeing him on the plaintiff side!” Lending support to this specific assertion, Molo was brought in by two well-known plaintiff firms as lead trial counsel for a putative class of millions of Facebook advertisers who were deceived by Facebook’s claim that it could accurately target ads to specific audiences advertisers selected. The complaint alleges Facebook fraudulently misrepresented that its platform allowed advertisers to target particular audiences with “89%” accuracy.  That claim was false because Facebook’s data showed that fewer than half—40% or less—of their ads’ viewers would actually meet the targeting criteria they paid for. Actual damages are to be calculated after merits discovery but are estimated to exceed $1 billion. Molo also represents Contrarian Capital Management and certain funds and separately managed accounts for which Contrarian acts as an investment adviser in an ongoing breach-of-contract action arising out of Venezuela’s failure to pay principal and interest on nine series of bonds held by Contrarian with an original principal balance of over $575 million. Further illustrating his versatility, Molo represents Indeck, a  developer, owner, and operator of electric power plants that brought a breach-of-contract action against a Minnesota private equity firm and its affiliates who conspired with disloyal Indeck executives. The defendants misappropriated Indeck’s trade secrets and confidential information to develop competing power projects. After a 2018 summary judgment ruling, the case went to a week-long bench trial on damages in May 2019, and in October 2020, the court awarded Indeck over $25 million in lost profits and prejudgment interest. 

     In the DC office Jeffrey Lamken, an appellate specialist, has been in equal demand. Lamken represents VirnetX as lead appellate counsel in defending two judgments for patent infringement against Apple for $440 million and $500 million, respectively—which are on appeal to the US Court of Appeals for the Federal circuit. Also in the DC office, Robert Kry is enjoying a steady ascent in profile. A peer insists, “You must list Robert Kry! He is absolutely going places.” Kry represents Carpatsky in a dispute with its former joint venture partner Ukrnafta concerning efforts to develop oil and gas fields in Ukraine. Ukrnafta is Ukraine’s largest oil and gas company and is indirectly majority owned by the Ukrainian government. After a dispute over profits from the joint venture arose, Carpatsky initiated arbitration proceedings in Stockholm that resulted in a $150 million arbitral award against Ukrnafta. In contested proceedings in federal court in Texas, Carpatsky obtained recognition of its $150 million award and defeated Ukrnafta’s claims of fraud, negligent misrepresentation, and misappropriation of trade secrets that sought $80 million in damages from Carpatsky. In April 2020, the Fifth Circuit affirmed the district court’s decision. Acting in tandem, Kry and Molo represent Teleflex, a provider of medical technologies, in a contract dispute arising out of Teleflex’s acquisition of Essential Medical in 2018.