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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.

Because a winning appeal starts in the trial court, Mr. Sokoloff regularly brings his appellate perspective to the Firm’s trial matters. He has drafted complaints, briefed high-stakes and dispositive motions, and crafted jury instructions in courts across the country, framing the most challenging legal issues in the simplest, most persuasive terms.

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 began his career in private practice at another preeminent Supreme Court and appellate practice in Washington, D.C.

Representative Matters

  • Briefed and argued a Seventh Circuit appeal involving novel questions on the interpretation of the Class Action Fairness Act
  • Represented a leading real estate brokerage in a multi-billion-dollar antitrust class action
  • Represented a global telecommunications company before the Fifth Circuit in an antitrust challenge to a patent licensing pool
  • Represented a group of global financial institutions before the U.S. Supreme Court in a case addressing the antitrust treatment of ATM card networks
  • 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
  • Represents various plaintiffs in trial and appellate proceedings related to claims brought under the Helms-Burton Act
  • Briefed and argued a Seventh Circuit appeal involving novel questions on the application of federal diversity jurisdiction to Chinese entities
  • 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
  • Represented a Native American tribe before the U.S. Supreme Court in a case addressing the scope of tribal-court civil jurisdiction

Publications

News & Appearances

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
  • Illinois
  • United States Supreme Court
  • United States Courts of Appeals for the 1st, 2nd, 5th, 6th, 7th, 8th, 9th, 11th, D.C., and Federal Circuits
  • United States District Courts for the District of Columbia, the Eastern District of New York, and the Southern District of New York
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