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Eugene A. Sokoloff

Eugene Sokoloff's practice focuses on appellate, white collar, and complex civil litigation. He has filed more than 40 briefs in the United States Supreme Court and dozens more in state and federal courts of appeals on a wide range of substantive issues, from antitrust and securities law, to intellectual property and False Claims Act litigation.

Before joining MoloLamken, Mr. Sokoloff clerked for the Honorable Stephen G. Breyer of the United States Supreme Court. He also served as a clerk to the Honorable Robert D. Sack of the United States Court of Appeals for the Second Circuit. Mr. Sokoloff was previously an associate in the Supreme Court and appellate practice at Hogan Lovells US LLP and an associate at Davis Polk & Wardwell LLP.

Representative Matters

  • Represented a major U.S. paper company before the Seventh Circuit in a multi-billion dollar antitrust class action
  • Represented a group of global financial institutions before the Second Circuit in a series of appeals arising from multi-district antitrust litigation
  • Represented a health insurer before the Second Circuit in a federal preemption challenge to state regulations redistributing insurer revenues
  • Represented a California healthcare coverage provider in tax litigation before the California state appellate and supreme courts
  • Represented pharmaceutical and medical device manufacturers before the First, Sixth, and Ninth Circuits in various appeals arising from False Claims Act litigation
  • Represented an oil-services company before the Fifth Circuit in a $100 million-plus maritime contract dispute
  • Represented a U.S. law firm before the Second Circuit in an appeal raising a question of first impression regarding the scope of discovery available under 28 U.S.C. §1782.
  • Represented a U.S. manufacturer before the U.S. Supreme Court in a case addressing the preclusive effect of proceedings before the Trademark Trial and Appeal Board
  • Represented a major automotive manufacturer before the Federal Circuit in litigation addressing the application of the Internal Revenue Code's interest-netting provisions to Foreign Sales Corporations
  • Briefed and argued a patent appeal in the Federal Circuit on behalf of a leading automotive manufacturer
  • Briefed and argued a habeas petitioner's appeal in the Sixth Circuit on a question of first impression regarding the scope of the federal habeas statute's savings clause
  • Briefed and argued an appeal in the District of Columbia Court of Appeals on behalf of a homeowner challenging a Medicare lien
  • Represented various defendants in certiorari-stage securities litigation before the U.S. Supreme Court on issues ranging from tippee liability for insider trading to loss-causation in securities-fraud cases
  • Represented an association of technology companies as merits-stage amicus before the U.S. Supreme Court in a case addressing the antitrust treatment of two-sided markets
  • Represented a group of high-tech small businesses as merits-stage amici before the U.S. Supreme Court in a case addressing the standard of claim construction in inter partes review proceedings

Clerkships

  • Law clerk to the Honorable Stephen G. Breyer, United States Supreme Court
  • Law clerk to the Honorable Robert D. Sack, United States Court of Appeals for the Second Circuit

Education

Yale Law School, J.D.

Prize for best oralist and team, Morris Tyler Moot Court of Appeals

Co-Chair, Morris Tyler Moot Court of Appeals

Coker Fellow

Columbia University, School of International and Public Affairs, M.A.

Editor-in-Chief, Journal of International Affairs

McGill University, First Class Honours B.A., Political Science

Bar and Court Admissions

  • New York
  • District of Columbia
  • United States Supreme Court
  • United States Courts of Appeals for the First, Second, Fifth, Sixth, Seventh, Eighth, Ninth, Eleventh, D.C., and Federal Circuits
  • United States District Courts for the District of Columbia and the Eastern and Southern Districts of New York
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