Eugene A. Sokoloff

Eugene Sokoloff’s practice focuses on complex legal issues at all stages of litigation, with an emphasis on appellate and Supreme Court litigation. Mr. Sokoloff has argued appeals across the country and has briefed dozens more, including six merits cases in the U.S. Supreme Court.

Because a winning appeal starts in the trial court, Mr. Sokoloff also regularly brings his appellate perspective to the Firm’s trial matters. He has drafted complaints, briefed high-stakes motions, and crafted jury instructions in courts across the country, framing the most challenging legal issues in the simplest, most persuasive terms.

A creative and collaborative thinker, Mr. Sokoloff is often sought out by clients looking for a second opinion on matters handled by other firms, working seamlessly with co-counsel to provide the best possible representation.

Before joining MoloLamken, Mr. Sokoloff clerked for the Honorable Stephen G. Breyer of the United States Supreme Court. He also served as a clerk to the Honorable Robert D. Sack of the United States Court of Appeals for the Second Circuit.

Representative Matters

Argued Matters

• Briefed and argued an appeal before the Seventh Circuit involving the application of the federal-officer removal statute in the context of private compliance with federal mandates
• Briefed and argued an appeal before the Eleventh Circuit raising novel questions regarding the private right of action under Title III of the Helms-Burton Act
• Briefed and argued an appeal before the Seventh Circuit raising novel questions regarding the home-state and internal-affairs exceptions to the Class Action Fairness Act, Sudholt v. Country Mut. Ins. Co., 83 F.4th 621 (7th Cir. 2023), cert. denied, 144 S. Ct. 2525 (2024)
• Briefed and argued an appeal before the Seventh Circuit regarding the structure and citizenship of Chinese entities for purposes of federal diversity jurisdiction, Yancheng Shanda Yuanfeng Equity Inv. P'ship v. Wan, 59 F.4th 262 (7th Cir. 2023)
• Briefed and argued an appeal before the Federal Circuit regarding the effect of prosecution disclaimers in later patent-infringement litigation, TMC Fuel Injection Sys., LLC v. Ford Motor Co., 682 F. App’x 895 (Fed. Cir. 2017)
• Briefed and argued an appeal before the Sixth Circuit raising a question of first impression regarding the scope of the federal habeas statute's savings clause, Hill v. Masters, 836 F.3d 591 (6th Cir. 2016)
• Briefed and argued an appeal before the District of Columbia Court of Appeals involving the District’s authority to impose liens on the homes of deceased Medicare beneficiaries

Other Representative Matters

• Represented a leading real estate brokerage in a multi-billion-dollar antitrust class action
• Represented a major U.S. paper company before the Seventh Circuit in a multi-billion-dollar antitrust class action
• Represented a group of global financial institutions before the Second Circuit in a series of appeals arising from multi-district antitrust litigation
• Represented a global telecommunications company before the Fifth Circuit in an antitrust challenge to a patent licensing pool
• Represented a group of global financial institutions before the U.S. Supreme Court in a case addressing the antitrust treatment of ATM card networks
• Represented plaintiffs in trial and appellate proceedings related to claims brought under the Helms-Burton Act
• Represented pharmaceutical and medical device manufacturers before the First, Sixth, and Ninth Circuits in various appeals arising from False Claims Act litigation
• Represented a health insurer before the Second Circuit in a federal preemption challenge to state regulations redistributing insurer revenues
• Represented a U.S. law firm before the Second Circuit in an appeal raising a question of first impression regarding the scope of discovery available under 28 U.S.C. §1782.
• Represented a California healthcare coverage provider in tax litigation before the California state appellate and supreme courts
• Represented a U.S. manufacturer before the U.S. Supreme Court in a case addressing the preclusive effect of proceedings before the Trademark Trial and Appeal Board
• Represented a Native American tribe before the U.S. Supreme Court in a case addressing the scope of tribal-court civil jurisdiction
• Represented a major automotive manufacturer before the Federal Circuit in litigation addressing the application of the Internal Revenue Code's interest-netting provisions to Foreign Sales Corporations
• Represented various defendants in certiorari-stage securities litigation before the U.S. Supreme Court on issues ranging from tippee liability for insider trading to loss-causation in securities-fraud cases

Amicus Participation

• Represented The Constitution Project as merits-stage amicus curiae in a case before the U.S. Supreme Court involving the scope of the federal statute that funds expert and other services for capital defendants.
• Represented an association of technology companies as merits-stage amicus before the U.S. Supreme Court in a case addressing the antitrust treatment of two-sided markets
• Represented a group of high-tech small businesses as merits-stage amici before the U.S. Supreme Court in a case addressing the standard of claim construction in inter partes review proceedings
• Represented leading scholars as merits-stage amici curiae in a case before the U.S. Supreme Court involving the use of independent committees in legislative redistricting
• Represented the Fair Inventing Fund as certiorari-stage amicus curiae in a case before the U.S. Supreme Court involving the Federal Circuit’s obligation to issue opinions in connecting with appeals from the Patent Trial and Appeals Board

Publications

• Snap Removal Split Can Fly Under Radar Due to Procedural Quirk, Bloomberg Law (June 3, 2024) (with Lauren Dayton)
• Just How Long Is the Long Arm of U.S. Jurisdiction?, Bloomberg Law (Aug. 4, 2021)
• Diving Into the Supreme Court’s Latest Class Action Challenge, The National Law Journal (Mar. 18, 2021)

News & Appearances

• Family Tries To Revive Suit Over Cuban Port Property, Law360 (Jan. 24, 2024)

• 7th Circ. Weighs Jurisdiction To Enforce Chinese Judgment, Law360 (Sept. 23, 2022)