Lauren F. Dayton

Lauren Dayton litigates complex disputes in state and federal courts from the filing of a complaint through appeal. Ms. Dayton has particular expertise in contract disputes and business torts, particularly under New York law. She also litigates antitrust, bankruptcy, and intellectual property matters.

Ms. Dayton is a skilled advocate. She develops creative strategies and compelling narratives for her clients, always keeping their goals in focus. She has taken or defended dozens of depositions, argued motions, worked with experts, and coordinated in large defense groups to drive a successful outcome for her clients. Ms. Dayton is particularly good at managing complex cases efficiently. She draws on her experience in private practice and in clerking for both trial and appellate courts to develop an effective and efficient case strategy.

Ms. Dayton is also an experienced appellate lawyer. She has briefed appeals before federal courts in the Second, Third, Fifth, Ninth, and Federal Circuits, and before the Supreme Court of the United States. She has an active practice before New York appellate courts.

Ms. Dayton has been recognized several years in a row as a “Rising Star” by Super Lawyers. She has also been named a "40 & Under Litigator" by Benchmark Litigation. 

Ms. Dayton speaks frequently on business torts and trial practice issues, including at the ABA’s Litigation Section Annual Conference and before the Chicago Bar Association. Ms. Dayton is the Programs Chair for the ABA’s Business Torts & Unfair Competition Committee and is active in the Chicago Bar Association and Women in Funds, an organization for investment professionals and attorneys.

Before joining MoloLamken, Ms. Dayton clerked for the Honorable Steven M. Colloton of the United States Court of Appeals for the Eighth Circuit and for the Honorable Brian M. Cogan of the United States District Court for the Eastern District of New York.

Ms. Dayton is fluent in French, and has represented francophone clients.

Representative Matters

• Represents multinational beverage producer in case involving fraud claims in New York Supreme Court, Commercial Division
• Represents investment entity in two related suits against PDVSA and a PDVSA affiliate over unpaid debt instruments in SDNY, the District of Delaware, and the Second and Third Circuits
• Represents investment manager in suit against Bolivarian Republic of Venezuela over bond default in SDNY and the District of Delaware
• Represents consumer class as part of nationwide class leadership in a multidistrict antitrust case against a major tech company
• Represents named plaintiff credit union as part of nationwide class leadership in an antitrust case against a financial services company in N.D. Illinois
• Represents national chicken producer defendant in antitrust case alleging conspiracy to reduce production in N.D. Illinois
• Represents plaintiff in §1983 deliberate-indifference suit against prison medical contractor and its employees in N.D. Illinois (pro bono)
• Represented Brazilian investment funds in breach-of-contract suit involving debt instruments in New York Supreme Court, Commercial Division, and in a Chapter 15 bankruptcy proceeding in S.D. Texas
• Represented monoline insurer in dispute in SDNY against bond trustee related to defaults by the Puerto Rico Sales Tax Financing Corporation (COFINA)
• Represented investment fund in breach-of-contract and fraud suit involving a portfolio of life insurance policies in SDNY
• Represented private equity firm in First Department appeal of fraudulent-transfer and related business tort claims
• Represented world-renowned museum in trademark and copyright dispute in N.D. Illinois
• Represented technology company in U.S. Supreme Court in a case addressing the extraterritorial application of the Lanham Act
• Represented global retailer in appeal to the First Department of breach-of-contract suit relating to COVID-19 
• Represented global financial institution in RMBS suit appeal in New York Court of Appeals
• Represented telecommunications company in Fifth Circuit appeal of dismissal of antitrust suit 
• Represented international asset manager and direct lender, and indenture trustee, in trial over fraudulent-conveyance and tort claims and breaches of intercreditor agreement in U.S. Bankruptcy Court for the District of Delaware, as well as parallel litigation in New York Supreme Court 
• Represented biopharmaceutical company in Federal Circuit appeal and U.S. Supreme Court cert petition involving patent invalidity (enablement) issues 
• Represented technology company in jurisdiction-related mandamus petition to Federal Circuit
• Represented university patent holder in Federal Circuit appeal of patent invalidity ruling based on indefiniteness
• Represented biopharmaceutical company in pair of Federal Circuit appeals of denials of preliminary injunctions
• Represented software and technology company in patent appeal before the Federal Circuit
• Represented federal energy regulator in Ninth Circuit appeals of bankruptcy court decision and regulator’s declaratory orders involving division of authority between bankruptcy courts and regulator
• Represented federal energy regulator in Fifth Circuit appeal regarding division of authority between bankruptcy courts and regulator 
• Represented plaintiff in §1983 excessive-force suit against Rikers corrections officers in SDNY (pro bono)

Publications