Robert Kry's practice focuses on appellate litigation and assisting clients with motions practice and issue analysis at the trial level. He represents clients before the United States Supreme Court, the federal courts of appeals, and other federal and state courts. He has authored approximately 20 Supreme Court briefs and has argued numerous matters in trial and appellate courts. His practice covers a broad array of subject matters, including constitutional law, business litigation, securities fraud, criminal law and intellectual property.
Before joining Molo Lamken, Mr. Kry was an associate with Baker Botts LLP. Before that, Mr. Kry served as a law clerk to Justice Antonin Scalia of the United States Supreme Court and to Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit.
Representative Matters
- Successful defense in the court of appeals, and ongoing defense in the Supreme Court, of a constitutional challenge to the entity created by the Sarbanes-Oxley Act to oversee audits of public companies (Free Enterprise Fund v. Public Co. Accounting Oversight Bd., 537 F.3d 667 (D.C. Cir. 2008))
- Successfully obtained Supreme Court review of an adverse judgment in service-station franchise litigation under the Petroleum Marketing Practices Act (Shell Oil Products Co. v. Mac's Shell Service, Inc., Nos. 08-240 & 08-372)
- Successfully obtained Supreme Court review of a decision setting aside a provision of a New England wholesale energy market settlement (NRG Power Marketing, LLC v. Maine Public Utilities Commission, No. 08-674)
- Successful appeal of a copyright infringement judgment against a Remote Storage Digital Video Recorder (Cartoon Network LP v. CSC Holdings, Inc., 536 F.3d 121 (2d Cir. 2008))
- Successful appeal of a billion-dollar securities fraud verdict (Morgan Stanley & Co. v. Coleman (Parent) Holdings Inc., 955 So. 2d 1124 (Fla. App. 2007))
- Successful appeal of the criminal sentence of a former CEO of a national drugstore chain to the Third Circuit Court of Appeals
- Successful interlocutory appeal of a malicious prosecution suit against a Venezuelan bank in Florida state court
- Successful appeal of a dismissal of a commercial suit on jurisdictional grounds (CP Solutions PTE, Ltd. v. General Electric Co., 553 F.3d 156 (2d Cir. 2009)) (briefed and argued)
- Successful appeal of a firearms and narcotics conviction (United States v. Palmer, 456 F.3d 484 (5th Cir. 2006)) (briefed and argued)
- Appeal of a pharmaceutical distribution and money laundering conviction (United States v. Achobe, 560 F.3d 259 (5th Cir. 2008)) (briefed and argued)
- Successful opposition to a motion for summary judgment in a fee indemnification case in Pennsylvania state court (briefed and argued)
- Successful motion to dismiss a defamation suit on forum non conveniens grounds in the Southern District of New York (briefed and argued)
News & Appearances
- Symposium panelist, The Confrontation Clause, Lewis & Clark Law School (2009)
- Shearman, Baker Botts Lawyers Join to Form Boutique
- Symposium panelist, Crawford and Beyond, Brooklyn Law School (2006)
Publications
- Forfeiture and Cross-Examination, 13 Lewis & Clark L. Rev. 577 (2009)
- Confrontation Under the Marian Statutes, 72 Brook. L. Rev. 493 (2007)
- Case Note, Once in Doubt, 110 Yale L.J. 725 (2001)
- Case Note, The Copyright Law, 111 Yale L.J. 761 (2001)
- Op-ed, Real Monopolists, Investor’s Bus. Daily
- The “Watchman for Truth”: Professional Licensing and the First Amendment, 23 Seattle U. L. Rev. 885 (2000)
Professional Affiliations
- Member, Edward Coke Appellate Inn of Court
