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600 New Hampshire Avenue, N.W.
Washington, D.C. 20037
F: 202.536.2010


Clerkships
  • Law clerk to the Honorable Sandra Day O'Connor, United States Supreme Court
  • Law clerk to the Honorable Alex Kozinski, United States Court of Appeals for the Ninth Circuit
Honors & Awards
  • Recognized as a Band 1 appellate practitioner, Chambers USA Guide to America’s Leading Business Lawyers since 2005
  • Listed in The Best Lawyers in America since 2006
  • Recognized as a “Washington D.C. Super Lawyer” by Law & Politics since 2007
  • Named to the “Fab Fifty” list of 50 most promising young litigators under 45 by American Lawyer, 2007
  • Included on the Washingtonian’s Top Lawyers list since 2007
  • Named to the Lawdragon 500 Leading Lawyers in America
Education
  • Stanford Law School, J.D., 1990
  • Order of the Coif
  • Nathan Abbott Scholar
  • Senior Editor, Stanford Law Review
  • Haverford College, B.A., 1986, magna cum laude, political science
  • Phi Beta Kappa
  • Department Prize in Mathematics
  • Kurzman Prize
Bar and Court Admissions
  • District of Columbia
  • California
  • United States Courts of Appeals for the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, D.C., and Federal Circuits
  • United States District Courts for the District of Columbia, the Northern District of California and the Eastern District of Texas
  • United States Supreme Court
Professional Affiliations
  • American Academy of Appellate Lawyers
  • Member, Edward Coke Appellate Inn of Court
  • Member, Giles S. Rich Inn of Court
  • Member, American Bar Association Litigation Section

Jeffrey A. Lamken

Jeff Lamken, a nationally recognized appellate practitioner, has argued 23 cases before the United States Supreme Court and briefed dozens more on a wide range of topics, including administrative law, the First Amendment, antitrust, bankruptcy, civil rights, criminal procedure, energy, intellectual property, searches and seizures, separation of powers, and telecommunications.  He has handled matters in virtually all of the federal courts of appeals and many state appellate courts.  Mr. Lamken also develops, briefs, and argues critical motions in significant trial matters.

Before founding MoloLamken, Mr. Lamken headed Baker Botts’ Supreme Court and Appellate Practice in Washington, D.C.  Mr. Lamken has served as an Assistant to the Solicitor General in the United States Department of Justice and was a partner in the Washington, D.C. litigation boutique Kellogg, Huber & Hansen.  He clerked for the Honorable Sandra Day O’Connor of the U.S. Supreme Court and the Honorable Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit.

Since 2005, Mr. Lamken has been recognized each year by the Chambers USA Guide to America’s Leading Business Lawyers (Nationwide) as a top appellate practitioner. The 2015 edition calls him a “really outstanding” practitioner, who is “incredibly knowledgeable and quick to understand issues,” noting that “he is a fierce advocate” with a “very detailed” approach. The 2014 edition describes him as “a real leading player – a superstar lawyer.”  In the 2011 edition, peers lauded Mr. Lamken as “a wonderfully talented appellate lawyer” and “a joy to work with.”

Mr. Lamken received his J.D. from Stanford Law School, where he was the Nathan Abbott Scholar (highest cumulative GPA), a member of the Order of the Coif, and a Senior Editor of the Stanford Law Review. He was also awarded “Best Oral Advocate” in the annual Kirkwood Moot Court competition. Before attending law school, Mr. Lamken graduated with a B.A. in Political Science, magna cum laude, from Haverford College. There, he was awarded the Department Prize in Mathematics, earned the Kurzman Prize in Political Science, and was elected to the Phi Beta Kappa honor society.

Representative Matters

Cases argued before the United States Supreme Court

  • Hasty v. Abbasi, No. 15-1363 (U.S. June 19, 2017) (whether Bivens extends to conduct by prison officials in connection with the confinement of foreign nationals detained in a terrorism investigation)
  • Bank Markazi v. Peterson, 136 S. Ct. 1310 (2016) (whether a statute that effectively directs a particular result in a single pending case violates the separation of powers)
  • First Am. Fin. Corp. v. Edwards, cert. dismissed as improvidently granted, 132 S. Ct. 2536 (2012) (representing respondent) (whether Section 8 of the Real Estate Settlement Procedures Act of 1974 gives purchasers of title insurance Constitutional standing to sue title insurers absent an allegation that the insurers’ statutory violations had any impact on the price or quality of the services)
  • Mac’s Shell Serv., Inc. v. Shell Oil Prods. Co., 559 U.S. 175 (2010) (whether a franchisee may recover for “constructive termination” or “constructive nonrenewal” under the Petroleum Marketing Practices Act when the franchisee continues to operate the franchise)
  • Free Enter. Fund v. Pub. Co. Accounting Oversight Bd., 561 U.S. 477 (2010) (whether the Sarbanes-Oxley Act, which created the Public Company Accounting Oversight Board, violates the separation of powers or the Appointments Clause of the U.S. Constitution)
  • NRG Power Mktg., LLC v. Maine Pub. Utils. Comm’n, 558 U.S. 165 (2010) (whether the Mobile-Sierra doctrine, which protects the integrity of wholesale energy contracts, applies when a rate set by contract is challenged by an entity that was not a party to the contract)
  • BP Am. Prod. Co. v. Burton, 549 U.S. 84 (2006) (whether the limitations period in 28 U.S.C. §2415(a) applies to federal agency orders requiring the payment of money claimed under a lease or other agreement)
  • City of Rancho Palos Verdes v. Abrams, 544 U.S. 113 (2005) (whether persons aggrieved by violations of the 1996 Telecommunications Act may bring an action for damages and attorney’s fees under 42 U.S.C. §§ 1610, 1988)
  • Barnhart v. Thomas, 540 U.S. 20 (2003) (whether a claimant’s ability to perform her former job precludes an award of disability benefits where that job no longer exists in significant numbers)
  • Overton v. Bazzetta, 539 U.S. 126 (2003) (whether prisoners have a constitutional right to receive visits while incarcerated, and whether Michigan’s prison policies violate such a right)
  • Wisconsin Dep't of Health and Family Servs. v. Blumer, 534 U.S. 73 (2002) (whether the "income-first" methodology for determining eligibility is permissible under the Medicaid statute)
  • Barnhart v. Walton, 533 U.S. 976 (2001) (whether a claimant is entitled to disability benefits if his inability to work lasts less than 12 months)
  • Correctional Servs. Corp. v. Malesko, 534 U.S. 61 (2001) (whether a prisoner may bring a constitutional claim under Bivens v. Six Unknown Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971), against a private corporation operating a halfway house under contract with the Federal Bureau of Prisons)
  • Alabama v. Bozeman, 533 U.S. 146 (2001) (whether the Interstate Agreement on Detainers requires the dismissal of criminal charges for violation of its "anti-shuttling" provision)
  • Lujan v. G&G Fire Sprinklers, 532 U.S. 189 (2000) (whether states must afford contractors a hearing before withholding payments because of the contractors' failure to pay prevailing wages)
  • Bond v. United States, 529 U.S. 334 (2000) (whether squeezing soft luggage to determine its contents is a "search" within the meaning of the Fourth Amendment)
  • Shalala v. Illinois Council on Long-Term Care, Inc., 529 U.S. 1 (2000) (whether the judicial review procedures provided by the Medicare statute are exclusive)
  • Department of the Army v. Blue Fox, Inc., 525 U.S. 255 (1999) (whether a subcontractor may bring an equitable lien action against the government when the prime contractor fails to pay the subcontractor)
  • Minnesota v. Carter, 525 U.S. 83 (1998) (whether short-term business visitors to a home have a reasonable expectation of privacy sufficient to support a Fourth Amendment claim)
  • Montana v. Crow Indian Tribe, 523 U.S. 696 (1998) (whether an Indian tribe may obtain restitution of taxes that the state unlawfully collected from contractors mining coal on tribal lands)
  • Cohen v. De La Cruz, 523 U.S. 213 (1998) (whether punitive damages awards for fraud are dischargeable in bankruptcy)

Selected party briefs in the United States Supreme Court

  • Mohamad v. Palestinian Auth., 566 U.S. 449 (2012) (whether the term “individual” in the Torture Victim Protection Act extends beyond natural persons)
  • Erica P. John Fund, Inc. v. Halliburton Co., 563 U.S. 804 (2011) (whether private securities fraud plaintiffs must prove loss causation to obtain class certification)
  • Jones v. Harris Assocs., 559 U.S. 335 (2010) (establishing the standard for determining whether an investment adviser’s fees violate its statutory fiduciary duty to the fund it manages)
  • Price v. Vincent, 538 U.S. 634 (2003) (whether reconsideration of an order granting a directed verdict of acquittal violates double jeopardy)
  • Jinks v. Richland County, 538 U.S. 456 (2003) (whether 28 U.S.C. § 1367(d), which tolls state limitations periods while claims are pending in federal court, may constitutionally be applied in a suit against a state’s political subdivisions)

Selected amicus briefs in the United States Supreme Court

  • Impression Prods., Inc. v. Lexmark Int’l, Inc., 137 S. Ct. 1523 (2017) (brief of amicus curiae Qualcomm, Inc., addressing whether the sale of a patented product exhausts U.S. patent rights despite use restrictions and conditions in the sales contract)
  • Hughes v. Talen Energy Marketing, LLC, 136 S. Ct. 1288 (2016) (brief of amicus curiae NRG Energy, Inc., addressing the scope of FERC’s jurisdiction over, and federal preemption of, state energy initiatives)
  • FERC v. Elec. Power Supply Ass’n, 136 S. Ct. 760 (2016) (brief of amici curiae economists addressing FERC’s economic justifications for its regulation of demand-response payments)
  • Comptroller v. Wynne, 135 S. Ct. 1787 (2015) (brief of amicus curiae U.S. Chamber of Commerce addressing whether a State can tax its residents on out-of-state income without providing a credit for out-of-state taxes)
  • Am. Broad. Cos. v. Aereo, Inc., 134 S. Ct. 2498 (2014) (brief of amicus curiae Cablevision Systems Corp. in a copyright challenge to Aereo’s Internet television retransmission service)
  • Nautilus, Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120 (2014) (brief of amicus curiae Yahoo! Inc. and other high-tech companies addressing the degree of particularity required for patent claims)
  • Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014) (brief of amici curiae Microsoft Corporation, Adobe Systems Inc., and Hewlett-Packard Company addressing the patent eligibility of computer-implemented inventions under §101 of the Patent Act)
  • Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S. Ct. 1749 (2014), & Highmark Inc. v. Allcare Health Mgmt. Sys. Inc., 134 S. Ct. 1744 (2014) (brief of amici curiae Yahoo! Inc. and other high-tech companies addressing the “exceptional case” standard for fee-shifting under §285 of the Patent Act)
  • EPA v. EME Homer City Generation, LP, 133 S. Ct. 2857 (2013) (brief of amicus curiae Chamber of Commerce in a suit challenging the EPA’s rules implementing the interstate pollution restrictions of the Clean Air Act)
  • Ass’n for Molecular Pathology v. Myriad Genetics, 133 S. Ct. 2107 (2013) (brief of amicus curiae The Coalition for 21st Century Medicine addressing the patent eligibility of isolated human DNA under § 101 of the Patent Act)
  • Genesis HealthCare Corp. v. Symczyk, 133 S. Ct. 1523 (2013) (brief of amicus curiae DRI ­– The Voice of the Defense Bar addressing whether a putative class action can continue when the named plaintiff’s claim becomes moot)
  • Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011) (brief of amici curiae Altria Group and other leading U.S. companies addressing the need for significant proof of a general policy of discrimination to certify an employment-discrimination class action)
  • Altria Grp. v. Good, 555 U.S. 70 (2008) (brief of amicus curiae U.S. Chamber of Commerce addressing whether federal law preempts state-law fraud challenges to FTC-authorized statements in cigarette advertising
  • Morgan Stanley Capital Grp. v. Pub. Util. Dist. No. 1 of Snohomish Cnty., 554 U.S. 527 (2008) (brief of amici curiae economists addressing the standard for abrogation of long-term energy contracts under the Mobile-Sierra doctrine)

Representative Matters in the United States Courts of Appeals

  • NRG Power Marketing, LLC v. FERC, 862 F.3d 108 (D.C. Cir. 2017) (whether FERC exceeded its authority under Section 205 of the Federal Power Act by imposing a substantially different rate scheme)
  • Advanced Energy Mgmt. Alliance v. FERC, 860 F.3d 656 (D.C. Cir. 2017) (whether FERC properly approved changes to PJM’s capacity performance rules)
  • In re Fairfield Sentry Ltd., No. 16-2127, — F. App’x — (2d Cir. June 12, 2017) (whether a U.S. bankruptcy court in a Chapter 15 case must defer to a foreign insolvency court’s decision approving the foreign debtor’s sale of U.S. assets)
  • In re Vivendi, S.A. Sec. Litig., 838 F.3d 223 (2d Cir. 2016) (whether (a) alleged misrepresentations regarding “liquidity risk” are actionable under the federal securities laws, and (b) loss-causation has been demonstrated where the stock price did not move in response to individual misrepresentations)
  • Drone Techs., Inc. v. Parrot S.A. and Parrot Inc., 838 F.3d 1283 (Fed. Cir. 2016) (whether the district court abused its discretion in entering a default judgment on liability as a discovery sanction)
  • McRo, Inc. v. Bandai Namco Games Am., Inc., 837 F.3d 1299 (Fed. Cir. 2016) (whether a patent for automatically animating the lip synchronization and facial expressions of 3-dimentional characters was directed to an unpatentable abstract idea)
  • Rubin v. Islamic Rep. of Iran, 830 F.3d 470 (7th Cir. 2016) (whether 28 U.S.C. § 1610(g) provides a freestanding attachment immunity exception, and whether 28 U.S.C. § 1610(a) applies to a foreign sovereign’s property located in the United States only when the property is used in the United States by the foreign state itself)
  • Hourani v. Mirtchev, 796 F.3d 1 (D.C. Cir. 2015) (whether the Racketeering Influenced and Corrupt Organizations Act extends to an alleged conspiracy to commit extortion abroad)
  • Versata Dev. Grp., Inc. v. SAP Am., Inc., 793 F.3d 1306 (Fed. Cir. 2015) (whether the Patent and Trademark Office properly defined “covered business method” patents subject to transitional review proceedings, and whether a patent for a computerized pricing engine is directed to patent-eligible subject matter)
  • SoverainSoftware LLC v. Victoria’s Secret, 778 F.3d 1311 (Fed. Cir. 2015) (whether an appellate decision sua sponte holding patent claims invalid has issue-preclusive effect in later litigation)
  • NES Fin. Corp. v. JPMorgan Chase Bank, N.A., 556 F. App’x 12 (2d Cir. 2014) (whether plaintiff in fraud action proved damages and justifiable reliance and whether the parties’ contract required additional payments)
  • New Eng. Power Generators Ass’n, Inc. v. FERC, 757 F.3d 283 (D.C. Cir. 2014) (whether rules to mitigate uneconomic entry in ISO New England were arbitrary and capricious)
  • United States ex rel. Nathan v. Takeda Pharm. N. Am., Inc., 707 F.3d 451 (4th Cir. 2013) (whether pharmaceutical company’s promotion of a drug for off-label purposes caused false claims to be presented to the government in violation of the False Claims Act), cert. denied, 134 S. Ct. 1759 (2014)
  • Rambus Inc. v. Rea, 527 F. App’x 902 (Fed. Cir. 2013) (whether substantial evidence supported the Patent and Trademark Office’s finding that 25 patent claims were anticipated by an earlier patent)
  • Beer v. United States, 696 F.3d 1174 (Fed. Cir. 2012) (en banc) (brief of amicus curiae Federal Judges Association addressing cost-of-living adjustments for Article III judges), cert. denied, 133 S. Ct. 1997 (2013)
  • United States v. Danielczyk, 683 F.3d 611 (4th Cir. 2012) (whether, following Citizens United, the Federal Election Campaign Act’s categorical ban on corporate contributions to candidates violates the First Amendment), cert. denied, 133 S. Ct. 1459 (2013)
  • Therasense, Inc. v. Becton, Dickinson & Co., 649 F.3d 1276 (Fed. Cir. 2011) (en banc) (whether the elements of inequitable conduct should be made more exacting with respect to intent, materiality, and causation, and by excluding a “balancing” approach)
  • Arar v. Ashcroft, 585 F.3d 559 (2d Cir. 2009) (en banc) (whether Bivens and the Torture Victim Prevention Act allow a foreign national claiming to have been tortured by foreign officials abroad to sue U.S. officials for alleged complicity), cert. denied, 560 U.S. 978 (2010)
  • Cartoon Network LP v. CSC Holdings, Inc., 536 F.3d 121 (2d Cir. 2008) (whether cable company’s remote-storage DVR infringes appellees’ copyrights by allowing customers to record programming and store their recordings in a remote location), cert. denied, 129 S. Ct. 2890 (2009)
  • AES Sparrow Point LNG, LLC v. Smith, 527 F.3d 120 (4th Cir. 2008) (whether county law making it illegal to build a liquefied natural gas terminal in a particular location is preempted by the Natural Gas Act), cert. denied, 555 U.S. 888 (2008)
  • Kirch v. Liberty Media Corp., 449 F.3d 388 (2d Cir. 2006) (whether statements about a third-party can support a defamation claim, and whether plaintiff proved claims of tortious interference with contract and prospective economic advantage)

Selected amicus briefs in the United States Courts of Appeals

  • Hickcox-Huffman v. U.S. Airways, Inc., 855 F.3d 1057 (9th Cir. 2017) (brief of amicus curiae Air Transport Association of America, Inc., addressing whether the Airline Deregulation Act preempts state-law claims arising out of delayed baggage)
  • ClearCorrect Operating, LLC v. Int’l Trade Comm’n, 810 F.3d 1283 (Fed. Cir. 2015) (brief of amicus curiae Business Software Alliance addressing ITC jurisdiction over digital transmissions)
  • Beer v. United States, 696 F.3d 1174 (Fed. Cir. 2012) (en banc) (brief of amicus curiae Federal Judges Association addressing cost-of-living adjustments for Article III judges), cert. denied, 133 S. Ct. 1997 (2013)
  • TiVo Inc. v. EchoStar Corp., 646 F.3d 869 (Fed. Cir. 2011) (en banc) (brief of amicus curiae Association for Competitive Technology addressing the standard for judicial enforcement of patent injunctions)
  • Bus. Roundtable v. SEC, 647 F.3d 1144 (D.C. Cir. 2011) (brief of amici curiae Institutional Investors, TIAA-CREF, and other funds addressing an SEC rule allowing shareholders to include director nominees in company proxy materials)

Presentations 

  • "Oral Argument Before Trial and Appellate Courts," 10th Circuit Bench and Bar Conference, Colorado Springs, CO, 2010.
  • "IP Considerations from a Supreme Court Insider," 6th Annual Advanced Patent Litigation Course, Texas Bar CLE, San Antonio, TX, 2010.
  • "Intellectual Property Law Cases Before the Supreme Court," State Bar of Texas Annual Meeting, San Antonio, TX, 2006.
  • "U.S. Supreme Court Update:  Developments and Trends, With an Emphasis on High Points—and Low Points—in Appellate Advocacy," 15th Annual Conference on State and Federal Appeals, The University of Texas School of Law, Austin, TX, 2005.

News & Appearances