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Lucas M. Walker

Lucas Walker's practice focuses on appellate litigation in federal and state court. He has argued before the U.S. Courts of Appeals for the Seventh and Tenth Circuits and has authored numerous briefs in the U.S. Supreme Court, various federal courts of appeals, and state supreme court. His practice also includes motions practice and issue development at the trial level. Mr. Walker’s experience covers a broad range of subject matter, including intellectual property, administrative and constitutional law, bankruptcy, foreign sovereign immunity, telecommunications, energy, and white collar defense.

Mr. Walker served two clerkships at the U.S. Supreme Court, first with Justice Samuel A. Alito, Jr. and later with Justice Neil M. Gorsuch. Mr. Walker also served as a law clerk to then-Judge Gorsuch prior to joining MoloLamken in 2010.

Representative Matters

  • Briefed and argued telephone carrier’s petition for review before the Tenth Circuit challenging the Federal Communications Commission’s reduction of intercarrier compensation rates
  • Briefed and argued habeas petitioner’s appeal before the Seventh Circuit in case involving the admissibility of statements under the Confrontation and Due Process Clauses
  • Briefed and argued individual defendant’s motion to dismiss False Claims Act and Anti‐Kickback Act claims before the Eastern District of Washington
  • Represented consumer class action representative before the U.S. Supreme Court in case involving constitutional standing to sue for conflicted real‐estate settlement services
  • Represent biopharmaceutical company before the Federal Circuit in case involving requirements for notice of commercial marketing of biosimilar drugs under the Biologics Price Competition and Innovation Act
  • Represent biopharmaceutical company before the Federal Circuit in case involving standards for injunctive relief in action under Biologics Price Competition and Innovation Act
  • Represented technology company before the Federal Circuit in case involving $500 million patent infringement verdict
  • Represented technology company before the Federal Circuit in case challenging the U.S. Patent and Trademark Office’s interpretation of the reissue patent statute
  • Represented technology company before the Federal Circuit in case involving scope of “covered business method” patent review and patent eligibility of computerized pricing engine
  • Represented foreign bank before the Ninth Circuit in case involving attachment of assets under the Foreign Sovereign Immunities Act and Terrorism Risk Insurance Act
  • Represent senior civil servant before the Federal Circuit in case involving due process protections for federal employees
  • Represent federal agency before the Ninth Circuit in multiple cases involving effect of bankruptcy on the agency’s regulatory authority over filed tariff rates
  • Represented foreign bankruptcy representative before the Second Circuit in case upholding the foreign representative’s retention of a $133 million asset in a Chapter 15 bankruptcy proceeding
  • Represented criminal defendant before the Eleventh Circuit in case involving federal healthcare fraud statute; prepared critical motions and jury instructions for district court proceedings
  • Represented civil defendant before the D.C. Circuit in case involving application of Racketeer Influenced and Corrupt Organization Act to alleged conspiracy to commit extortion abroad
  • Represented criminal defendant before the Fourth Circuit in case involving the constitutionality of the federal ban on corporate campaign contributions
  • Represented national shipping company before the D.C. Circuit in case involving U.S. Postal Service’s allocation of costs caused by competitive products like parcel delivery
  • Represented Speaker of New York State Assembly before the Southern District of New York in case involving federal corruption charges
  • Represent regional transmission organization before the Eastern District of Virginia in case involving preemption of claims seeking payment for wholesale electricity services beyond the rates permitted by a federal tariff
  • Represented defense attorneys association as merits‐stage amicus before the U.S. Supreme Court in case involving mootness of collective‐action lawsuits under the Fair Labor Standards Act
  • Represented bankruptcy attorneys association as merits‐stage amicus before the U.S. Supreme Court in case involving debtor’s entitlement to return of undistributed funds following conversion from Chapter 13 to Chapter 7 bankruptcy proceeding
  • Represented U.S. Chamber of Commerce as merits‐stage amicus before the U.S. Supreme Court in case involving state taxation of residents’ out‐of‐state income
  • Represented biopharmaceutical company as merits‐stage amicus before the U.S. Supreme Court in case involving patent eligibility of diagnostic tests
  • Represented criminal defense attorneys association as merits-stage amicus before the U.S. Supreme Court in case involving refusal to consent to search
  • Represented Federal Judges Association as amicus curiae in challenge to denial of judicial salary adjustments; our brief advanced a statutory basis for relief adopted by the en banc Federal Circuit
  • Represented patent owner as amicus before the en banc Federal Circuit in case involving reviewability of Patent and Trademark Office’s compliance with statutory limits on inter partes review of patents
  • Represented criminal defense attorneys association as amicus before the Eleventh Circuit in case involving joint trials of attorneys and clients

Publications

Clerkships

  • Law clerk to the Honorable Neil M. Gorsuch, United States Supreme Court
  • Law clerk to the Honorable Samuel A. Alito, Jr., United States Supreme Court
  • Law clerk to the Honorable Neil M. Gorsuch, United States Court of Appeals for the Tenth Circuit

Education

Harvard Law School, J.D.

Deputy Editor-in-Chief, Harvard Journal of Law & Public Policy

Yale University, B.A.

Bar and Court Admissions

  • Supreme Court of the United States
  • New York
  • District of Columbia
  • United States Courts of Appeals for the 2nd, 4th, 7th, 9th, 10th, 11th, D.C., and Federal Circuits
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