Jennifer Fischell

Jennifer Fischell is a partner who advises clients in high-stakes matters through all the stages of litigation, from pre-litigation advice through merits briefing at the Supreme Court of the United States. Ms. Fischell has particular experience working on complex legal issues and appeals. Her trial-through-appeal perspective allows her to craft creative, persuasive, and winning arguments.

MoloLamken’s matters regularly involve cutting-edge business, regulatory, statutory, and constitutional questions. Clients rely on Ms. Fischell for the deep thinking that such cases require. Her thorough and creative analysis regularly drives strategy in cases in state and federal court, bankruptcy court, arbitration, and before agencies like the International Trade Commission.

Ms. Fischell’s practice deals with a wide range of subject areas, including novel issues in administrative law, business and contract disputes, securities law, bankruptcy, antitrust, white collar defense, and energy law. Ms. Fischell also frequently litigates complex patent matters in the Federal Circuit worth hundreds of millions of dollars. 

Ms. Fischell has been recognized as a Benchmark Litigation 40 & Under Litigator. The American Bar Association’s Section of Litigation has also appointed her to serve as co-chair for its Appellate Practice Committee since 2024.  And Law360 selected her as a board member for its Editorial Advisory Boards related to appeals and energy law in 2023 and 2024, respectively.

Ms. Fischell’s approach to shaping arguments benefits from her time clerking for judges at all levels of the federal judiciary. Most recently, she clerked for Justice Elena Kagan of the United States Supreme Court. She also clerked for Judge Raymond Kethledge of the United States Court of Appeals for the Sixth Circuit and Judge Ronnie Abrams of the United States District Court for the Southern District of New York.

Representative Matters

• Successfully represented petitioners before the Supreme Court in a case addressing whether Section 13(b) of the Federal Trade Commission Act authorizes the Commission to seek monetary remedies; overturned $1.27 billion judgment (AMG Cap. Mgmt., LLC v. FTC, 141 S. Ct. 1341 (2021))
• Represented law professors specializing in constitutional law and criminal procedure in merits-stage amicus brief before the United States Supreme Court (Borden v. United States, 141 S. Ct. 1817 (2021))
• Represented trade association in successful challenge to FCC’s “net neutrality” regulations (In re: MCP No. 185, 124 F.4th 993 (6th Cir. 2025))

• Defended regional transmission organization against claims seeking payment for wholesale electricity services beyond the rates permitted by a federal tariff (Old Dominion Electric Cooperative v. PJM Interconnection, LLC, 24 F.4th 271 (4th Cir. 2022))

• Obtained vacatur of lower court dismissal on behalf of putative class of purchasers of medical products in antitrust suit before the Seventh Circuit (Marion HealthCare, LLC. v. Becton Dickinson & Co., 952 F.3d 832 (7th Cir. 2020))
• Represented developer of secure-communications technology in Federal Circuit patent appeal (VirnetX Inc. v. Apple Inc., 792 F. App’x 796 (Fed. Cir. 2019))
• Briefed and argued appeal in the D.C. Circuit on behalf of white-collar defendant challenging conviction on constitutional and statutory grounds
• Briefed and argued motion to stay bankruptcy proceedings pending appeal in the U.S. Bankruptcy Court for the District of Delaware
• Represented a major biopharmaceutical company in support of its petition for a writ of certiorari to the Federal Circuit in the United States Supreme Court
• Represented regional transmission organization as intervenor in appeal from a FERC order related to capacity markets
• Represented federal agency before the Fifth Circuit in cases involving the effect of bankruptcy on the agency’s regulatory authority over filed tariff rates
• Served as issues-and-appeals counsel during trial of patent-infringement claims in the District of Delaware
• Advised Fortune 500 company on potential claims and defenses related to complex contract disputes
• Represented a major technology company on appeal to the Federal Circuit in case involving patent standing issues
• Represented a major pension fund and putative class of investors in a securities-fraud suit against an oil and gas company on appeal before the Fifth Circuit
• Represented a telecommunications company on appeal before the Federal Circuit, defending the grant of preliminary injunctive relief in case involving a global licensing dispute
• Represented foreign and domestic respondents in an International Trade Commission investigation into alleged patent infringement
• Represented an animal pharmaceutical company in arbitration over breach of a licensing contract

Publications

• Tackling Complex Records on Appeal: Where to Begin?, ABA Litigation Selection, Appellate Practice Committee (Feb. 1, 2025)
• Nuclear Waste Storage Questions Justices May Soon Address, Law360 (Sept. 13, 2024) (with Elizabeth Clarke and Christian Bale)
• A New Twist on Capacity Markets in Japan, RTO Insider (June 16, 2024)
• There and Back Again: The D.C. Circuit Again Considers NYISO’s Approach to Zero-Emission Mandate, RTO Insider (Mar. 28, 2024) (with Jackson Myers)

• Steady, but Slow: Understanding and Navigating Delay in Federal Court, ABA Litigation Section, Appellate Practice Journal (Vol. 43, No. 2) (Mar. 14, 2024) (with Jackson Myers)

• “Major Question” about the Future of the Administrative State, ABA Litigation Section, Appellate Practice Journal (Vol. 42, No. 4) (Sept. 22, 2023)
• In Antitrust Cases, Recent DOJ Losses Don’t Tell the Whole Story, AmLaw Litigation Daily (July 13, 2023) (with Thomas Schubert)
• Chevron Still Has Power (For Now): The DC Circuit Defers to FERC in Recent Ruling, National Law Journal (Feb. 21, 2023) (with Lucas Walker)

• An Antitrust Law Update Looms in President Biden’s First Term, National Law Journal (Jan. 27, 2021)

• Antitrust Rules Still Apply During COVID-19, Law360 (March 27, 2020)
• Clerkships Never Get Old: Why the Federal Clerk Hiring Plan Benefits Recent Grads, National Law Journal (Feb. 20, 2020)
• Note, Standing in the Way of the FTAIA: Exceptional Applications of Illinois Brick, 114 Mich. L. Rev. 309 (2015)

News & Appearances

• Formalism, Fictions, and Federalism: Post Expiry Royalties Return to SCOTUS, Patently-O (May 13, 2025)

• 5th Circ. Questions $37M FTC Award Against Online Retailer, Law360 (Apr. 1, 2025)

• 6th Circ. Won't Revisit FCC's Tanked Net Neutrality Rules, Law360 (Mar. 11, 2025)

• Federal Courts Grapple with Implications of Loper Bright, ABA Litigation News (Winter 2025)

• 6th Circ. Overturns FCC Net Neutrality Rules, Law360 (Jan. 2, 2025)

• The next frontier in the Supreme Court war against agency power, E&E News (Sept. 10, 2024)

• Congress Didn't Want Utility-Style Internet Regs, 6th Circ. Told, Law360 (Aug. 13, 2024)

• 6th Circ. Puts Net Neutrality Rule On Ice During Appeals, Law360 (Aug. 1, 2024)
• FCC, Industry Debate If Brand X Case Set Broadband In Stone, Law360 (July 22, 2024)

• Law360 Announces The Members Of Its 2024 Editorial Board, Law360 (Mar. 20, 2024)

• Versata Wants Axed $105M Ford Verdict Revived Or Expanded, Law360 (Mar. 13, 2024)

• DC Circ. Probes Gov't Trial Strategy For Ex-HUD Official, Law360 (Mar. 11, 2024)

• AT&T, Nokia Turn To 1884 Precedent To Fight $181M Trial Loss, Law360 (Feb. 13, 2024)
• Are Justices Split 3-3-3? New Term Is Already Offering Clues, Law360 (Oct. 27, 2023)

• DeCurtis Lenders Say Ch. 11 Software Order May 'Cost Lives', Law360 (Sept. 11, 2023)

• Former HUD Official Urges DC Circ. To Undo Conviction, Law360 (Aug. 16, 2023)
• Law360's 2023 Appellate Editorial Advisory Board, Law360 (Apr. 3, 2023)
• Supreme Court Rolls Back FTC Restitution Power, Law360 (Apr. 22, 2021)
• Fed. Circ. Told Samsung's FRAND Bid Distorts Int'l Norms, Law360 (Apr. 5, 2021)
• Illinois Brick Doesen't Kill Med Supply Suit, 7th Circ. Says, Law360 (Mar. 6, 2020)
• Fed. Circ. Denies Apple's Rehearing Bid In $600M IP Suit, Law360 (Feb. 10, 2020)

Presentations

• Moderator, The Future of DEI Initiatives: The Post SFFA v. Harvard Legal Landscape, American Bar Association (Mar. 25, 2025)

• Panelist, The Future of TikTok and ByteDance's Legal Battle in the United States (Webinar), GEN Law Firm and MoloLamken (Sept. 20, 2024)

• Panelist, For the Times They Are (Might Be) A Changin’ – How Two Supreme Court Decisions May Change Regulation of the Environment, 53rd Spring Conference on Environmental Law, American Bar Association (Apr. 4, 2024)

• Moderator, Know Your Audience: Effective Advocacy at Every Level of Court (Webinar), American Bar Association (Mar. 20, 2024) 
• Panelist, The Evolving Talent Landscape in the Legal Profession – How to Adapt, Overcome, and Thrive, 2024 ALM | Law.com Legalweek (Feb. 1, 2024)

• Panelist, Understanding PFAS Regulation: An Administrative Law Primer (Webinar), American Bar Association (Oct. 23, 2023)

• Moderator, The Supreme Court’s Energy Docket: Where It Has Been, and Where It Is Going, 2023 Mid-Year Energy Forum, Energy Bar Association (Oct. 11, 2023)