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Robert K. Kry

Robert Kry’s practice focuses on trial and appellate litigation. He represents clients before the United States Supreme Court, the federal courts of appeals, and other federal and state courts. He has authored more than 40 Supreme Court briefs and has argued numerous matters in trial and appellate courts. His practice covers a broad array of subject matters, including sovereign immunity, arbitration, enforcement of arbitral awards, constitutional law, business litigation, securities fraud, criminal law, and intellectual property.

Mr. Kry is a founding partner of MoloLamken, which he joined after several years in the Supreme Court and appeals practice of another prominent firm. Before that, Mr. Kry served as a law clerk to Justice Antonin Scalia of the United States Supreme Court and to Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit.

Legal 500 describes Mr. Kry as a “great writer” and an “incredibly quick and deep thinker” with an “impressive command of the law.”  Benchmark Litigation calls him a Litigation Star and notes his “steady ascent in profile.”  Lawdragon named him one of the 500 Leading Lawyers in America.  He has been featured in prestigious publications including the New York Times and the National Law Journal.

Representative Matters

  • Obtained enforcement of a Stockholm Chamber of Commerce arbitral award against Ukraine’s largest oil and gas company and summary judgment on fraud and trade secret claims (OJSC Ukrnafta v. Carpatsky Petroleum Corp., 957 F.3d 487 (5th Cir. 2020))
  • Overturned dismissal of gross negligence and punitive damages claims against an RMBS sponsor (Deutsche Bank Nat’l Trust Co., as Trustee for the MSAC 2007-NC4 Trust v. Morgan Stanley Mortg. Capital Holdings LLC, 169 A.D.3d 217 (N.Y. App. Div. 1st Dep’t 2019))
  • Obtained enforcement of an ICSID arbitral award against the Kyrgyz Republic for a Turkish construction company (Sistem Mühendislik Inşaat Sanayi Ve Ticaret, A.Ş. v. Kyrgyz Republic, 741 F. App'x 832 (2d Cir. 2018))
  • Obtained enforcement of a Permanent Court of Arbitration award against the Republic of Ghana for an English energy company (Balkan Energy Ltd. v. Republic of Ghana, 302 F. Supp. 3d 144 (D.D.C. 2018))
  • Represented a foreign sovereign in a Supreme Court case over the seizure of ancient Persian artifacts from museums to satisfy default judgments (Rubin v. Islamic Republic of Iran, 138 S. Ct. 816 (2018))
  • Obtained reversal of a judgment dismissing securities fraud claims against Alibaba Group arising out of its IPO (Christine Asia Co. v. Ma, 718 F. App’x 20 (2d Cir. 2017))
  • Overturned a judgment enforcing a foreign investor’s arbitral award against the Lao Government (Thai-Lao Lignite (Thailand) Co. v. Gov't of the Lao People’s Democratic Republic, 864 F.3d 172 (2d Cir. 2017))
  • Represented a global pharmaceutical company in a fraud suit over a $2.3 billion corporate acquisition in Mexico (Representaciones e Investigaciones Médicas, S.A. de C.V. v. Espinosa, No. 655112/2016 (N.Y. Sup. Ct. filed Sept. 27, 2016))
  • Represented a foreign central bank in a separation of powers challenge to a statute directing the outcome of a specific pending case (Bank Markazi v. Peterson, 136 S. Ct. 1310 (2016))
  • Represented a foreign biotechnology company in a 13-day merits hearing in a confidential arbitration before the American Arbitration Association (2016)
  • Represented a Chicago taxi medallion financing company in litigation against a bank over an $80 million credit facility (Transit Funding Assocs. LLC v. Capital One Equip. Fin. Corp., No. 652346/2015 (N.Y. Sup. Ct. filed June 30, 2015))
  • Defense on appeal of a ruling that discovery is not available in inter partes reexaminations before the Patent and Trademark Office (Abbott Labs. v. Cordis Corp., 710 F.3d 1318 (Fed. Cir. 2013))
  • Appeal of an order denying comity to German law in cross-border insolvency proceedings (Jaffe v. Samsung Elecs. Co., Ltd., 737 F.3d 14 (4th Cir. 2013))
  • Obtained dismissal of Supreme Court review of a constitutional challenge to standing under the Real Estate Settlement Procedures Act (First Am. Fin. Corp. v. Edwards, 132 S. Ct. 2536 (2012))
  • Defense on appeal of the denial of an injunction against foreclosure in a commercial property dispute (Broadway 500 West Monroe Mezz II LLC v. Transwestern Mezzanine Realty Partners II, LLC, 80 A.D.3d 483 (N.Y. App. Div. 1st Dep’t 2011))
  • Obtained Supreme Court review and reversal of an adverse judgment in service-station franchise litigation under the Petroleum Marketing Practices Act (Mac’s Shell Serv., Inc. v. Shell Oil Prods. Co., 130 S. Ct. 1251 (2010))
  • Obtained Supreme Court review and reversal of a decision setting aside a provision of a New England wholesale energy market settlement (NRG Power Mktg., LLC v. Maine Pub. Utils. Comm’n, 130 S. Ct. 693 (2010))
  • Defense in the Supreme Court of a constitutional challenge to the entity created by the Sarbanes-Oxley Act to oversee audits of public companies (Free Enter. Fund v. Pub. Co. Accounting Oversight Bd., 130 S. Ct. 3138 (2010))
  • Appeal of a dismissal of a commercial suit on jurisdictional grounds (CP Solutions PTE, Ltd. v. General Electric Co., 553 F.3d 156 (2d Cir. 2009))
  • Appeal of a copyright infringement judgment against a Remote Storage Digital Video Recorder (Cartoon Network LP v. CSC Holdings, Inc., 536 F.3d 121 (2d Cir. 2008))
  • Appeal of a billion-dollar securities fraud verdict (Morgan Stanley & Co. v. Coleman (Parent) Holdings Inc., 955 So. 2d 1124 (Fla. App. 2007))

Publications

Presentations

  • Preview of the 2019-2020 Term of the U.S. Supreme Court, Council of Institutional Investors Podcast, Jan. 15, 2020
  • Artificial Intelligence and Electronic Discovery in U.S. Litigation, Union Internationale des Avocats Winter Seminar, Apr. 4, 2019
  • Recent Developments in Sovereign Immunity and Enforcement of Arbitral Awards Against Foreign Sovereigns, Commercial Litigators’ Forum New York Committee, Sept. 25, 2018
  • Practical Strategies in the Arbitration of International Disputes Involving State‐Owned Entities, Chartered Institute of Arbitrators, Apr. 3, 2018
  • Sovereign Immunity and Civil Terrorism Claims in U.S. Courts, Union Internationale des Avocats Winter Seminar, Feb. 28, 2018
  • Buyer Beware of Chinese Companies, Council of Institutional Investors, Feb. 1, 2018
  • Procedural Obstacles to Enforcement of Arbitral Awards in U.S. Courts, Union Internationale des Avocats Winter Seminar, Mar. 2, 2017
  • Recent Developments in Securities Class Action Litigation, Union Internationale des Avocats Winter Seminar, Mar. 9, 2016
  • Jurisdiction over Foreign Companies in United States Courts, Union Internationale des Avocats Winter Seminar, Feb. 25, 2015
  • The Foreign Sovereign Immunities Act - What’s Next?, Knowledge Group, Oct. 22, 2014
  • Fundamentals of Copyright Law in the Data Era 2014, PLI, July 14, 2014
  • What Does Aereo’s Supreme Court Death Sentence Mean for Internet Startups?, Congressional Internet Caucus, June 27, 2014
  • Aereo, Fordham Intellectual Property Law & Policy Conference, Apr. 25, 2014
  • Copyright Policy and the Future of Television, University of Colorado, May 13, 2014
  • Execution of Judgments Under the Foreign Sovereign Immunities Act, D.C. Bar, Mar. 31, 2014

Clerkships

  • Law clerk to the Honorable Antonin Scalia, United States Supreme Court
  • Law clerk to the Honorable Alex Kozinski, United States Court of Appeals for the Ninth Circuit

Honors & Awards

500 Leading Lawyers in America, Lawdragon, 2019 and 2020

Litigation Star, Benchmark Litigation, 2019

Washington D.C. Super Lawyer, Super Lawyers, 2018, 2019, and 2020

Washington D.C. Rising Star, Super Lawyers, 2013, 2014, and 2015

Education

Yale Law School, J.D.

Executive Editor, Yale Law Journal

Lead Article Editor, Yale Journal on Regulation

First place team, oralist, and brief, Morris Tyler Moot Court of Appeals

Co-chair, Morris Tyler Moot Court of Appeals

Queen’s University, Canada, B. Comm.

Bar and Court Admissions

  • District of Columbia
  • New York
  • United States Supreme Court
  • United States Courts of Appeals for the 2nd, 4th, 5th, 7th, 9th, 11th, D.C., and Federal Circuits
  • United States Court of Appeals for Veterans Claims
  • United States District Courts for the District of Columbia, District of Maryland, and Southern District of New York

Professional Affiliations

Barrister, Edward Coke Appellate Inn of Court

Honorary Overseas Member, COMBAR

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