Steven Molo maintains an active trial and appellate practice representing corporations, boards of directors, funds, special committees, and individuals in complex business litigation, regulatory matters, and white collar criminal matters throughout the United States and abroad. He began his career as a prosecutor in Chicago, he then practiced with Winston & Strawn for 18 years where he was a senior litigator and member of that firm’s Executive Committee, he then spent five and a half years as a litigation partner with the Wall Street firm Shearman & Sterling.
The substantive skills that Mr. Molo brings to his matters are those of a courtroom advocate. He regularly tries civil and criminal cases before juries and judges. He has extensive experience in post-trial and appellate advocacy as well and is retained frequently to assist a client after an adverse result has occurred in a trial court.
Mr. Molo has been involved in advising a number of individuals and organizations in connection with litigation matters arising from the current financial crisis including issues relating to collateralized debt obligations, credit default swaps, commercial real estate loan defaults and foreclosures, fund redemptions and management, and the Madoff scandal.
The civil commercial matters he has handled include those involving issues of antitrust, breach of contract, fraud, shareholder rights, consumer fraud, insurance, RICO, mergers and acquisitions, real estate, defamation and privacy, securities, and banking. His cases frequently involve class actions as well as individual suits.
Mr. Molo has extensive experience in the white collar arena. He has been recognized for his creative approaches in defending corporations and executives, which have resulted in declinations of prosecution, favorable verdicts, and reversals of convictions. He has handled a broad array of matters including those involving issues of antitrust, mail, wire, bankruptcy and securities fraud, environmental crimes, obstruction of justice, tax fraud, and other complex crimes. He frequently conducts internal investigations for management, boards, and audit committees. He co-authored the leading treatise, Corporate Internal Investigations, and has been recognized as an expert in federal court where he has testified on that topic and corporate prosecutions.
Mr. Molo also has served as trial counsel in intellectual property matters including patent, trademark, trade dress, and copyright cases.
He serves on the editorial advisory board of Executive Counsel and speaks and writes extensively on the subjects of business litigation, corporate criminal liability, and trial and appellate advocacy. He has commented on legal topics for CNN, CNBC, The Wall Street Journal, The New York Times, the Chicago Tribune and other news media. He has taught or lectured at Northwestern University Law School, Loyola University of Chicago Law School, John Marshall Law School, SMU Law School, William & Mary Law School, the University of Illinois College of Law, and the National Institute for Trial Advocacy. He is also co-author and general editor of Your Witness: Lessons on Cross-Examination and Life from Great Chicago Trial Lawyers. For five years, he served as counsel to the Illinois Judicial Inquiry Board. He is a fellow of the American Academy of Appellate Lawyers. He is also a fellow of the American Bar Foundation.
Representative Matters
- An investment bank in obtaining judgment in its favor and the reversal of a $1.6 billion jury verdict in a suit alleging fraud in connection with its role in a corporate acquisition
- A former senior executive of Bear Stearns in ERISA and securities litigation and related matters
- A former CEO and private equity firm partner in obtaining dismissal of a federal indictment charging securities and bank fraud as well as obstruction of agency proceedings
- A former Foreign Service Officer and West Point graduate in a federal criminal jury trial on charges of bribery and conspiracy to facilitate the issuance of visas in violation of State Department policies
- The former CFO of a publicly traded technology company in a federal criminal jury trial, regulatory, and civil proceedings based on alleged securities and accounting fraud
- A major broker-dealer in a civil jury trial in which a hedge fund claimed fraud in the sale of collateralized mortgage obligations
- A hedge fund in a suit in the Delaware Chancery Court challenging a gate and proposed restructuring of another fund in which it invested
- An entertainment company in a lengthy arbitration involving allegations of 10b-5 violations and other claims following an acquisition
- The world’s largest insurance broker in a civil jury trial concerning senior executive compensation
- A leading real estate developer and its lender in a bench trial relating to a dispute with a major tenant
- A lending syndicate in defending multi-billion dollar tort claims and in prosecuting a personal guaranty action against a prominent real estate developer (and reality TV show host) relating to financing of 92-story building in Chicago
- Two non-U.S. financial institutions in connection with recovery actions and the defense of claims relating to Madoff
- The Illinois Senate relating to procedures for the impeachment trial of the Governor
- A non-US based insurance holding company in SEC and DOJ investigations into balance sheet fraud through finite reinsurance
- A New York real estate developer in investigating and reporting a ponzi scheme fraud perpetrated by the client’s former lawyer, the name partner of a prominent New York firm
- A senior mutual fund executive in an investigation by the SEC and New York Attorney General
- A midwest manufacturing company in an internal investigation and defense of an SEC investigation relating to insider trading
- A CEO in numerous shareholder and derivative actions, parallel SEC proceedings, and a trial before the bankruptcy court relating to allegations of fraud and breach of fiduciary duties following the discovery of accounting irregularities
- The nation’s largest bar review course provider in a civil antitrust class action alleging a price-fixing and market allocation conspiracy and a separate civil antitrust class action alleging product tying
- A national insurance company in defending a federal grand jury investigation, state regulatory inquiries, consumer class actions, whistle-blower allegations, and media scrutiny emanating from claims handling practices following a major natural disaster
- A midwest manufacturing company in a DOJ grand jury investigation into price-fixing in the market for certain building supplies
- A national retailer in attempted nationwide consumer fraud class actions in multiple forums and Attorney General investigations
- A publicly traded insurance broker in multiple consumer class actions alleging civil antitrust and RICO violations, as well as Attorneys General and insurance regulatory investigations
- A national publisher and sweepstakes company in an appeal of a class certification order in an attempted consumer class action
- A group of mortgage lenders in an appeal of an order challenging certain lending restrictions
- A major broker-dealer in an appeal in litigation relating to sales practices which resulted in a challenge to certain whistle-blower legislation
- A majority shareholder of a public company in shareholder derivative litigation relating to Revlon duties and change of control
- An investment advisor and mutual fund company in a derivative suit alleging breaches of fiduciary duty relating to fund management
- A global pharmaceutical manufacturer in a federal grand jury investigation and civil litigation emanating from a foreign subsidiary’s falsification of information to the FDA
- A internet telephone services provider in patent infringement litigation relating to the company’s core technology
- A gaming company in defending allegations of trademark and trade dress infringement in injunction proceedings in the trial court
- A manufacturer of batteries in pursuing copyright, trademark, and trade dress claims relating to a well-known advertising campaign
- A rock star in defending copyright infringement allegations in the trial court and court of appeals
- A major political party in a trial before a three-judge federal district court relating to voter rights and legislative reapportionment issues
News & Appearances
- Molo and Lamken both named to Lawdragon 500
- Wall Street Journal quotes Molo on the limitations of big law
- AM Law cover story profiles ML's new approach
- ML takes on Department of Justice in Auction Rate Securities case
- Firm on winning side for amicus in Nascar antitrust suit
- Molo provides expert testimony on internal investigations at Broadcom trial
- Musical Chairs: Shearman & Sterling and Baker Botts Partners Start New Firm
- Prominent Litigators Launch Elite National Boutique
- Shearman, Baker Botts Lawyers Join to Form Boutique
Publications
- Jury Research FAQs
- Corporate Internal Investigations
- Wrong, maybe. But is it a crime?
- Find a Career, Not a Job
- Your Witness
- To Fight or Not to Fight
- Executive's Guide to Understanding the Laws Behind White Collar Crimes
- Successful Partnering Between Inside and Outside Counsel
- The Appellate Lawyer's Manual
- The Executive's Desk Book on Corporate Risks and Response for Homeland Security
- The Litigation Manual 2nd
Professional Affiliations
- Member, New York Inn of Court (Executive Committee)
- Member, Illinois Supreme Court Rules Committee
- Member, Chicago Inn of Court (past president)
- Member, American, Illinois, Chicago Bar Associations, Federal Bar Council, Association of the Bar of the City of New York
- Member, Scribes, The Society of Legal Writers
- Member, American Bar Association Trial Attorney Advisory Board
- Board of Governors, Seventh Circuit Bar Association
- Member, Economic Club of Chicago, Theodore Roosevelt Association
- Member, University of Illinois College of Law Board of Visitors
