Lauren F. Dayton

Lauren Dayton litigates complex disputes – mostly business disputes and antitrust – in state and federal courts, from the filing of a complaint through appeal.  She has litigated on behalf of plaintiffs and defendants in every level of the judicial system, from trial courts to the U.S. Supreme Court.

Ms. Dayton is a skilled trial advocate.  She contributes to every stage of the case – developing case strategy, drafting pleadings and motions, taking and defending depositions, and preparing for oral argument.  She has prepared clients for their depositions, and worked directly with expert witnesses. 

Ms. Dayton has briefed appeals before federal courts in the Second, Third, Fifth, Ninth, and Federal Circuits that involved expansive records and complex legal issues, including patent, antitrust, and administrative law.  She has litigated before the U.S. Supreme Court, including in a merits case, cert petitions, and an amicus brief.  She also has an active practice before New York appellate courts, including cases before the First Department and the New York Court of Appeals.

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.   

* Admitted in New York.  Not admitted in Illinois - practicing under the supervision of Illinois bar members.

Representative Matters

• Represents national chicken producer in antitrust case alleging conspiracy to reduce production in N.D. Illinois
• 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 multinational beverage producer in case involving fraud claims in New York Supreme Court
• Represents investment fund in breach-of-contract and fraud suit involving a portfolio of life insurance policies in SDNY
• Represents monoline insurer in dispute in SDNY against bond trustee related to defaults by the Puerto Rico Sales Tax Financing Corporation (COFINA)
• Represents 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