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Sara Margolis

Sara Margolis is a partner who litigates complex matters – mostly business and some intellectual property disputes – from the filing of a complaint through appeal.  She is a skilled advocate and a master at running cases. 

Many of the firm’s matters involve dozens of witnesses, hundreds of thousands (if not millions) of documents, and a multitude of sophisticated legal issues.  Sara sees the big pictures, contributes to developing the strategy, then organizes and manages the resources to execute.

Sara practices in federal and state courts throughout the country.  She has taken or defended more than 35 depositions, managed large teams reviewing documents in English and foreign languages, engaged with a wide range of experts, worked with graphics and jury consultants, and coordinated lawyers from multiple firms to create a unified fighting force for the client.

Having tried cases and having clerked for a federal trial court judge with one of the most sophisticated dockets in the country, Sara manages matters with a keen understanding of how a case ultimately will play out.  This allows her to keep the team focused on what matters, avoiding wasted effort and optimizing resources.  Super Lawyers recognizes her as a Rising Star.

Sara began her career as an associate at Cravath, Swaine & Moore.  She is an active member of the New York Inn of Court and the New York Intellectual Property Law Association.

Representative Matters

  • A class of stockholders in an impending securities fraud trial

  • Animal pharmaceutical company in trial over breach of a licensing contract

  • Stockholders in a trial over restructuring governance

  • Creditor hedge fund at bench trial in Delaware bankruptcy court

  • Investors in mortgage-backed securities in a series of breach of contract suits relating to failure to follow underwriting guidelines involving securitizations ranging from $200 million to $2 billion in value

  • A prominent publisher in an antitrust multi-district litigation against Google

  • General counsel of a publicly traded renewable energy company in several securities fraud class actions and related government investigations

  • A fund invested in life settlements in a breach of contract and fraud suit over a failed transaction

  • A senior executive of a Fortune 100 company in suit alleging FCA and Anti-Kickback Act claims

  • A Native American Tribal Nation in action against vaping manufacturer JUUL

  • An oil and gas company in proceedings to confirm arbitral award and defending against trade secret and fraud claims

  • High net worth individuals in suit alleging breach of various LLC agreements under New York law

  • Leading specialty chemical company in defending breach of contract and tort claims under New York law

  • An oil and gas company in a patent infringement lawsuit relating to one of the company’s natural gas plants

  • Successful representation of pharmaceutical company defending district court’s denial of a preliminary injunction in light of plaintiff’s delay in seeking relief and pattern of licensing the asserted patents (Genentech, Inc. v. Amgen Inc., No. 19-2156 (Fed. Cir.))

  • Prevailed in the Federal Circuit as appellant from an Inter Partes Review, representing major pharmaceutical company (Merck Sharp & Dohme Corp. v. Wyeth LLC, No. 2018-2133 (Fed. Cir.))

  • Obtained reversal of district court judgment setting FRAND royalty rates on behalf of leading cellular wireless technology company (TCL Comm’cns Holdings Ltd. v. Telefonaktiebolaget LM Ericsson, No. 18-1363 (Fed. Cir.))

  • Represented biopharmaceutical company in the Federal Circuit in an appeal regarding enablement in a patent dispute involving cholesterol-related drugs (Amgen Inc. v. Sanofi, No. 20-1074 (Fed. Cir.))

  • Represent pharmaceutical company defending district court’s denial of a preliminary injunction under the Biologic Price Competition and Innovation Act (Genentech, Inc. v. Immunex Rhode Island Corp., No.19-2155 (Fed. Cir.))

  • Represented pharmaceutical company in the Federal Circuit appealing a district court’s decision to nullify a $200 million jury verdict for patent infringement by invoking “unclean hands” (Gilead Scis., Inc. Merck & Co., 888 F.3d 1231 (Fed. Cir. 2018))

  • Represented criminal defendant charged with possession of narcotics and ammunition in SDNY

  • Represented government agency in connection with due process lawsuit relating to payday lending

  • Successfully represented federal prison warden in the Supreme Court addressing whether Bivens extends to actions undertaken by prison officials in connection with confinement of foreign nationals detained in the course of the government’s 9/11 terrorism investigation

  • Represented leading package delivery company in the D.C. Circuit challenging whether the U.S. Postal Service properly allocates costs caused by competitive products, like parcel delivery, to those products

Publications

Clerkships

  • Law clerk to the Honorable Vincent L. Briccetti, United States District Court for the Southern District of New York

Honors & Awards

New York Rising Star, Super Lawyers, 2021

New York Rising Star, Super Lawyers, 2020

Education

Columbia Law School, J.D.

Executive Editor, Columbia Business Law Review

Middlebury College, B.A., magna cum laude

Bar and Court Admissions

  • New York
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