MoloLamken is a rare example of a litigation shop that has entrenched itself in three key geographic venues (New York, Washington, DC and Chicago) while remaining lean and nimble enough to qualify for “boutique” status. The firm’s name partners straddle the axis of trial and appellate counsel and maintain broad and diverse ranges of cases for an equally varied portfolio of clients. A peer offers in summation, “MoloLamken cover a lot of ground,” and further elaborates, “I’m actually seeing them doing a lot more plaintiff work!”
New York’s Steven Molo, one of the firm’s founders, is considered “a visionary,” by peers, one of whom emphasizes, “He’s a trial lawyer! He goes to court more than many others on [Benchmark’s] list.” True to form, Molo led a team serving as class trial counsel in a 10b-5 securities fraud stockholder class action against a company that transported oil developed from fracking in North Dakota to the coasts. Shortly before trial, the class reached a settlement with the company’s officers and defendants for $14 million, nearly the entire remaining insurance policy balance. The ensuing jury trial proceeded against one remaining defendant, and a favorable verdict was rendered in June 2022. The case is now in the claims-processing phase. Other members of this team included New York’s Sara Margolis and Robert Kry, who works from both the DC and New York offices. “Oh my God, Robert Kry is
so good,” raves a peer. “You must recognize him!” Molo also leads an antitrust class action against National Association of Realtors concerning allegations of conspiracy to inflate commissions for real estate brokers, and was also retained by a Special Litigation Committee established by Twitter’s (now X’s) Board of Directors to investigate claims made in a shareholder-derivative suit filed in the Delaware Court of Chancery. The suit alleged that the Board’s directors breached their fiduciary duties by approving a $3 billion settlement with an activist investor who was bent on ousting then-CEO Jack Dorsey.
Jeffrey Lamken, in the firm’s DC office, is an appellate practitioner. A client cheers his “excellent writing and strong skills in oral presentation.” A DC peer quips, “Jeff is so known for IP appeals cases that I think he’s developed a real niche in that world. God help you if you want a Supreme Court case out of the Federal Circuit because I’m sure Jeff is going to go after it and most likely get it.” Although intellectual property might be a particular substantive area of concentration, Lamken actually scored big in a bankruptcy-related appeal in which he represented the Official Committee of Talc Creditors in the Third Circuit in a challenge to the bankruptcy petition filed by J&J subsidiary LTL Management, who employed the infamous maneuver known colloquially as the “Texas Two-Step” allegedly in order to dodge a wave of incalculable personal injury lawsuits alleging that its talc-based baby powder causes cancer. Lamken argued on appeal that LTL lacked the financial distress required for a good-faith bankruptcy petition. The court agreed and ordered the bankruptcy court to dismiss LTL’s petition, and the bankruptcy case was dismissed in April 2023 after LTL declined to seek Supreme Court review.
MoloLamken continues to enrich its talent ranks beneath the more senior name partners. New York’s
Justin Ellis earns commendations from his peers, one of whom testifies, “I have partnered with Justin in a series of whistleblower complaints regarding fraudulent commercial mortgage-backed securities. [He’s an] excellent, hard-working attorney with a keen intellect and deep knowledge of the substantive area of work, namely securities litigation.” New York’s
Ben Quarmby balances commercial and IP matters and is similarly championed by contemporaries. “I’m seeing Ben more and more, he’s doing really well in this space,” confirms one peer.
