Lucas M. Walker

Lucas Walker's practice focuses on appellate litigation in federal and state court. He has argued before the U.S. Supreme Court and the U.S. Courts of Appeals for the Fourth, Seventh, Tenth, and Federal Circuits.  He has also 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.

Mr. Walker teaches Advanced Appellate Advocacy at the George Washington University Law School.  He is also co-editor of MoloLamken’s annual Supreme Court Business Briefing.

Representative Matters

• Briefed and argued merits case before the U.S. Supreme Court in suit involving whether the Lanham Act applies to foreign companies’ use of trademarks outside the United States.  Abitron Austria GmbH, et al. v. Hetronic International, Inc., No. 21-1043 (U.S.).
• Briefed and argued patent owner’s appeal before the Federal Circuit in case involving requirements for Article III standing in patent infringement cases
• 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 on behalf of regional transmission organization in Fourth Circuit case involving removal and preemption of claims seeking payment for wholesale electricity services beyond the rates permitted by a federal tariff
• Briefed and argued senior civil servant’s appeal before the Federal Circuit in case involving due process protections for federal employees
• 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
• Represented federal agency before the Fifth and Ninth Circuits in multiple cases involving effect of bankruptcy on the agency’s regulatory authority over filed tariff rates
• Represent online directory before the Ninth Circuit in case involving First Amendment and state-law protections for directories of professional and business information
• Represented 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
• Represented 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
• 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
• 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

• A Closer Look at Federal Circuit Ruling on PTAB Joinder, Law360 (Apr. 30, 2020) (with Benjamin T. Sirolly)

• Brady Summaries and the Obligation To Disclose Favorable Evidence, 13 ABA Section of Litigation, Criminal Litigation Newsletter 10 (Fall 2012) (with Steven F. Molo)
• Opting Out of a Class Action, Today's General Counsel 62 (Aug. - Sept. 2013) (with Thomas J. Wiegand)