Emily Damrau

Emily Damrau’s practice focuses on complex civil litigation, white collar matters, and appellate litigation.

Prior to joining MoloLamken, Emily Damrau served as a law clerk to the Honorable Judge Christopher F. Droney of the United States Court of Appeals for the Second Circuit. During law school, Ms. Damrau interned with the United States Attorney’s Office for the Northern District of Illinois.

Representative Matters

• Impression Prods., Inc. v. Lexmark Int’l, Inc., 137 S. Ct. 1523  (2017) – Drafted amicus brief on behalf of leading cellular wireless technology company in case addressing patent exhaustion doctrine
• 616 Croft Ave., LLC v. City of West Hollywood, 138 S. Ct. 377  (2017) – Drafted successful brief in opposition to a petition of certiorari regarding permit conditions subject to unconstitutional conditions doctrine
• TCL Commc’ns Holdings Ltd. v. Telefonaktiebolaget LM Ericsson, 943 F. 3d 1360 (Fed. Cir. 2019) – Represented leading cellular wireless technology company in successful appeal of district court judgment regarding FRAND royalty rates
• Representation of global pharmaceutical company in $2.3 billion fraud and breach of contract suit
• Representation of tribal nation in suit against opioid manufacturers
• Cabinet member in connection with Inspector General investigation into alleged ethics violations
• Senior executive of Fortune 100 company in connection with DOJ criminal and civil false claims investigation
• Chief Marketing Officer of telecommunications company in connection with DOJ investigation into alleged FCPA violations
• Senior executives of pharmaceutical company in DOJ investigation involving off-label marketing allegations
• Senior executive of drug manufacturer in DOJ and SEC investigations into alleged FCPA violations
• President of government contractor in DOJ investigation and litigation involving FCA claims
• Director of offshore trust company in connection with DOJ tax fraud investigation
• Senior executive branch official in connection with DOJ false statement and obstruction investigation
• State Department official in connection with Congressional impeachment inquiry

Publications

• When CARES Act Aid Triggers Criminal Liability, The National Law Journal (June 2020) (with Eric Nitz)
• US v. Craig and the Criminalization of Nondisclosure, Law360 (August 2019) (with Eric R. Nitz)
• Although Martoma May Have Been Put to Rest, the Debate Over the "Personal Benefit" Test Continues, Hedge Fund Law Report (September 6, 2018) (with Justin V. Shur)
• Revisiting The FCA Public Disclosure Bar, Post-Bellevue, Law360, December 2017 (with Gerald Meyer)
• A Non-Contentious Account of Article III’s Domestic Relations Exception, 92 Notre Dame L. Rev. 117 (2016) (with Prof. James E. Pfander)