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Sarah Newman

Sarah Newman’s practice focuses on trial and appellate litigation. She represents clients in the United States Supreme Court, the federal courts of appeals, and other federal and state courts. Her practice covers a wide variety of subject matters, including professional liability and legal ethics, intellectual property, constitutional law, securities fraud, business litigation, and enforcement of arbitral awards and foreign judgments.

Before joining MoloLamken, Ms. Newman served as a law clerk to Judge Stephen Higginson of the United States Court of Appeals for the Fifth Circuit and to Judge Edmond Chang of the United States District Court for the Northern District of Illinois.

Representative Matters

  • Successfully represented petitioners in Supreme Court merits case addressing whether Section 13(b) of the Federal Trade Commission Act authorizes the Commission to seek monetary remedies; overturned $1.27 billion judgment (AMG Cap. Mgmt., LLC v. FTC, 141 S. Ct. 1341 (2021))
  • 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 pharmaceutical company in a petition for a writ of certiorari challenging the Federal Circuit’s written-description requirement under 35 U.S.C. § 112 (Amgen Inc. v. Sanofi, No. 18-127 (U.S.))
  • Represented a pharmaceutical company in an appeal over whether the district court erred by invoking the “unclean hands” doctrine to nullify a $200 million jury verdict (Merck & Co. v. Gilead Scis., Inc., No. 18-378 (U.S.); Gilead Scis., Inc.Merck & Co., 888 F.3d 1231 (Fed. Cir. 2018))
  • Represented a plaintiff class in a petition for a writ of certiorari in a suit arising under the Price-Anderson Act and Colorado nuisance law (Cook v. Dow Chem. Co., Nos. 15-791, 15-911 (U.S.))
  • Represented a pharmaceutical company in an appeal involving the validity of genus claims covering monoclonal antibodies (Amgen Inc. v. Sanofi, 987 F.3d 1080 (Fed. Cir. 2021))
  • Represented a pharmaceutical company in an appeal involving a $2.54 billion jury verdict in a patent dispute involving hepatitis C drugs (Idenix Pharm. LLC v. Gilead Scis. Inc., 941 F.3d 1149 (Fed. Cir. 2019))
  • Briefed, argued, and obtained reversal of pro bono client’s conviction under 18 U.S.C. § 924(c) (United States v. Brazier, 933 F.3d 796 (7th Cir. 2019))
  • Obtained summary judgment rulings and successfully defended judgment on appeal on behalf of a national moving company defeating claims in two putative class actions under the Motor Carrier Act (Mervyn v. Atlas Van Lines, Inc., 882 F.3d 680 (7th Cir. 2018), Mervyn v. Atlas Van Lines, Inc., No. 13 C 3587, 2017 WL 1437159 (N.D. Ill. Apr. 20, 2017), and Mervyn v. Nelson Westerberg, Inc., No. 11 C 6594, 2016 WL 1270416 (N.D. Ill. Mar. 31, 2016))
  • Obtained enforcement of an ICSID arbitral award against the Kyrgyz Republic for a Turkish construction company (Sistem MühendislikInşaat Sanayi Ve Ticaret, A.Ş. v. Kyrgyz Republic, 741 F. App’x 832 (2d Cir. 2018); Sistem Mühendislik Inşaat Sanayi Ve Ticaret, A.Ş. v. Kyrgyz Republic, No. 12 Civ. 4502, 2016 WL 5793399 (S.D.N.Y. Sept. 30, 2016))
  • 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))
  • Obtained vacatur of a default judgment imposed as a discovery sanction on a drone manufacturer in a patent infringement lawsuit (Drone Techs., Inc. v. Parrot S.A., 838 F.3d 1283 (Fed. Cir. 2016))
  • Briefed, argued, and obtained reversal of a judgment dismissing a Title VII sex discrimination and retaliation complaint (Luevano v. Wal-Mart Stores, Inc., 722 F.3d 1014 (7th Cir. 2013))
  • Representing a global financial institution in multiple RMBS “putback” suits in the Southern District of New York and New York Supreme Court
  • Represented law firm in mediation over legal malpractice claims.

Publications

The ABA Blessed Remote Work. Here's How to Navigate Those Rules., National Law Journal (Feb. 11, 2021)

Clerkships

  • Law clerk to the Honorable Stephen Higginson, United States Court of Appeals for the Fifth Circuit
  • Law clerk to the Honorable Edmond Chang, United States District Court for the Northern District of Illinois

Education

Northwestern University School of Law, J.D., magna cum laude

Order of the Coif

Executive Editor, Northwestern University Law Review

Semifinalist and Best Brief, Julius H. Miner Moot Court Competition

Oberlin College, B.A.

Phi Beta Kappa 

Oberlin Shansi Fellow, Banda Aceh, Indonesia

Bar and Court Admissions

  • District of Columbia
  • Illinois
  • United States Supreme Court
  • United States Courts of Appeals for the 2nd, 5th, 7th, and Federal Circuits

Professional Affiliations

National LGBT Bar Association

LGBT Bar Association of D.C.

Leadership Council on Legal Diversity Fellow, 2021-2022

Leadership Council on Legal Diversity Pathfinder, 2020-2021

Association of Professional Responsibility Lawyers

American Bar Association, Section of Litigation

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