Lauren M. Weinstein

Lauren Weinstein’s practice focuses on trial and appellate litigation. She represents clients before the United States Supreme Court, the federal courts of appeals, and other federal and state courts. Her practice covers a broad array of subject matters, including antitrust law, class actions, constitutional law, business litigation, and securities suits.

Prior to joining MoloLamken, Ms. Weinstein served as a law clerk to the Honorable M. Margaret McKeown of the United States Court of Appeals for the Ninth Circuit. She also served as a law clerk to the Honorable John G. Koeltl of the United States District Court for the Southern District of New York.

Ms. Weinstein is fluent in Spanish and French.

Representative Matters

• Representation of natural gas utility in appeal involving alter-ego and foreign sovereign immunity issues (2d Cir. pending)
• Representation of Federal Energy Regulatory Commission in appeal involving PG&E bankruptcy proceedings (9th Cir. pending)
• Successful representation of leading Antitrust Scholars as Amici Curiae in Apple v. Pepper, 139 S.Ct. 1514 (2019)
• Representation of putative class in antitrust suit against Carolinas HealthCare System (W.D.N.C., No. 3:18-cv-00095)
• Successful representation of National Association of Criminal Defense Lawyers and Idaho Association of Criminal Defense Lawyers as Amici Curiae in Garza v. Idaho, 139 S. Ct. 738 (2019)
• Appeal of an order addressing statute of limitations applicable to residential mortgage-backed securities “putback” suit (In re Part 60 Put-Back Litig., 2017 WL 161030 (N.Y. App. Div. 1st Dep’t 2017))
• Representation of the Central Bank of Iran in a constitutional challenge to the Iran Threat Reduction and Syria Human Rights Act of 2012 (Bank Markazi v. Peterson, 136 S. Ct. 1310 (2016))
• Successful defense on appeal of nearly $50 million jury verdict in securities fraud suit (In re Vivendi, S.A. Sec. Litig., 838 F.3d 223 (2d Cir. 2016))
• Successful defense of major French newspaper in copyright litigation 
• Representation of global pharmaceutical company in $2.3 billion fraud and breach of contract suit
• Representation of global financial institution in multiple RMBS “putback” suits in the Southern District of New York and New York Supreme Court
• Successful appeal from denial of petition for writ of habeas corpus (Helton v. Boughton, 7th Cir., No. 16-2678). Government confessed error after petitioner’s opening brief was filed
• Successful appeal from denial of petition for writ of habeas corpus (Poke v. United States, 7th Cir., No. 17-2594). Government confessed error after petitioner’s opening brief was filed

Publications

• Justices to Resolve Circuit Split on Availability of Domestic Discovery for Use in Private Foreign Arbitrations, National Law Journal (Apr. 16, 2021) (with Elizabeth K. Clarke and Lisa W. Bohl)
• 4th Circ. Opens Door to New Private Merger Enforcement Era, Law360 (March 9, 2021) (with Lauren Dayton)
• New York’s Latest Experiment in Antitrust Law, New York Law Journal (Mar. 1, 2021)
• How Credit Card Fee Antitrust Cases Fare In UK Versus US, Law360 (Sept. 9, 2020)
• NY High Court Case Could Upend Litigation Finance Industry, Law360 (July 14, 2020)
• 4th Circ. Seems Leery of Divestiture Order in Doormaker Case, Law360 (June 1, 2020)
• Antitrust Rules Still Apply During COVID-19, Law360 (Mar. 27, 2020)
• Courts Face Controversy Over Uninjured Antitrust Class Members, National Law Journal (Feb. 27, 2020)
• The Step-by-Step Guide to Section 1782 Discovery for Brazilian Lawyers, Migalhas International (Dec. 17, 2019)
• Door Maker Merger Case May Transform Behavioral Remedies, Law 360 (August 2, 2019)
• Garza v. Idaho: Preserving the Client’s Choice to Appeal, The Champion (June 2019)
• App Store Opinion Returns Antitrust Enforcement To Its Roots, Law 360 (May 29, 2019)
• Making the Most of Pro Bono Opportunities: Building a Litigation Practice, American Bar Association Litigation Magazine (Mar. 27, 2019) (with Geoffrey J. Derrick)
• Lessons I've Learned As a Young Woman Lawyer, New York Law Journal (Sept. 14, 2017)
• The Latest Roadblock For Insider Trading Enforcement, Law360 (June 1, 2016) (with Justin V. Shur)

News & Appearances

• Apples & Economics: Is Illinois Brick Obsolete?, ABA Antitrust Law 2020 Spring Meeting (June 10, 2020)
• Implicit Bias in Jury Selection, American Bar Association Litigation Section (March 26, 2020)
• Law Preserves FERC Role In PG&E Bankruptcy, 9th Circ. Told, Law360 (Jan. 21, 2020)
• Justices Order 2nd Circ. To Rethink Terror Funds Ruling, Law360 (Jan. 13, 2020)
• FERC Has a Role in PG&E Bankruptcy, 9th Circ. Told, Law360 (Nov. 21, 2019)
• Antitrust Basics, Harvard Law School (Oct. 8, 2019)
• Courthouse Steps: What Does the Supreme Court’s Decision in Apple v. Pepper Mean for Antitrust Law and the U.S. Economy?, The Federalist Society (May 15, 2019) 
• State Urges Justices to Flip Illinois Brick in Apple Case, Law360 (Oct. 2, 2018)
• Justices want Gov't View on Pursuit of Iran Terror Funds, Law360 (Oct. 1, 2018)
• Deutsche Bank, Morgan Stanley Settle RMBS Suit, Law360 (Apr. 4, 2018)
• Morgan Stanley Denied Quick Win in Deutsche RMBS Suit, Law360 (Jan. 26, 2018)
• Deutsche Notice Claim Revived in $306M Mortgage Trust Row, Law360 (Jan. 10, 2018)
• Fulbright Scholar and HLS Alum Lauren Weinstein on Bright Women Lawyers, Above the Law (Oct. 13, 2017)
• Deutsche Defends Loan Sample in $306M Mortgage Trust Suit, Law360 (June 22, 2017)
• 2nd Circ. Won't Rehear $50M Vivendi Securities Suit, Law360 (Nov. 10, 2016)
• Teva Alleges Fraud in $2B Purchase of Mexican Drug Co., Law360 (Sept. 27, 2016)
• Vivendi Loses Appeal in $49M Shareholder Suit at 2nd Circ., Law360 (Sept. 27, 2016)