Nathaniel F. Rubin

Nathaniel Rubin is an associate who advocates for individuals and companies in complex disputes.  He has represented clients in commercial, criminal, bankruptcy, and intellectual property matters, both in trial courts and on appeal.

Nathaniel is a skilled and devoted practitioner, and is experienced in advancing clients’ interests throughout a case: from negotiations to resolve a dispute out of court, through motion practice and trial, and to proceedings on and after appeal.  Nathaniel’s cases involved extensive dispositive and procedural motion practice, dozens of depositions, and numerous interlocutory and post-judgment appeals.  In these representations, Nathaniel has argued on behalf of clients in federal court, prepared and deposed witnesses, and drafted a wide range of motions.

Nathaniel has briefed multiple appeals before the Third and Federal Circuits.  He also drafted a successful brief on behalf of a pro bono client in the Appellate Division of the New York Supreme Court.

Before joining MoloLamken, Nathaniel clerked for Jeffrey A. Meyer of the United States District Court for the District of Connecticut, and for Michael A. Chagares of the United States Court of Appeals for the Third Circuit.  Clerking during the height of the COVID-19 pandemic gave Nathaniel valuable insight into how courts decide novel and urgent issues of law, which he relies on regularly in his practice.  Nathaniel previously was a litigation associate at Davis Polk & Wardwell.

Representative Matters

• A group of talc plaintiffs in appeals at the Third Circuit from bankruptcy proceedings arising from Johnson & Johnson’s baby powder
• A mobile game publisher in commercial dispute with a major social media company
• An investment fund in contract dispute over an unsuccessful transaction
• An aerospace design and production company in a trade secret dispute over passenger-to-freighter aircraft conversions
• A real estate investment trust in a bankruptcy adversary proceeding over the characterization of a lease for a national telecommunications network

• A financial services company in Delaware Chancery Court litigation arising from its purchase of a leading electronic brokerage service

• An executive in a defamation dispute

• An ad hoc group of lenders in the bankruptcy of a U.S. natural gas producer

• A pro bono defendant in an appeal to the New York Supreme Court, Appellate Division raising issues of juror misconduct

Publications

• The Electors Clause and the Governor’s Veto, 106 Cornell L. Rev. Online 57 (2021)

• Missing the (Certification) Mark: How the Lanham Act Unnecessarily Restricts State and Local Governments as Certifiers, 71 Stan. L. Rev. 1023 (2019)

• Mainstream Jurisprudence and Some First Amendment Problems: Judge Neil M. Gorsuch on Free Expression, 69 Stan. L. Rev. Online 109 (2017) (with Brian C. Baran)