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Jennifer Fischell

Jennifer Fischell’s practice focuses on appeals and complex civil litigation. She has represented clients—including plaintiffs and defendants, executives, boards of directors, and corporate entities—before courts across the country, as well as in administrative and arbitral proceedings.

Ms. Fischell’s cases regularly involve cutting-edge regulatory, statutory, and constitutional questions requiring extensive legal research and creative thinking. She has filed cert-stage, amicus, and merits briefs in the U.S. Supreme Court on various novel issues of law. She frequently litigates patent matters on appeal to the Federal Circuit. And she has appeared in the D.C., Third, Fourth, Fifth, Sixth, Seventh, and Ninth Circuits in appeals related to a wide range of issues, including federal jurisdiction, free speech, bankruptcy, antitrust, white-collar defense, administrative law, and energy law.

Ms. Fischell also advises clients on complex legal issues at earlier stages of her cases. She has advised clients on pre-suit litigation strategy regarding their potential claims or defenses. And she has litigated cases in state and federal trial courts, bankruptcy court, arbitration, and agencies like the International Trade Commission. Her experience includes preparing pleadings, managing discovery, drafting dispositive motions, taking and defending depositions, and going to trial. During trial proceedings, she has also advised clients on appellate issues they might encounter later in the case.

Ms. Fischell’s trial-through-appeal perspective comes not just from her practice, but from her time clerking for judges at all levels of the federal judiciary. Most recently, she clerked for Justice Elena Kagan of the United States Supreme Court. Prior to first joining MoloLamken in 2018, she also clerked for Judge Raymond Kethledge of the United States Court of Appeals for the Sixth Circuit and Judge Ronnie Abrams of the United States District Court for the Southern District of New York.

Representative Matters

  • Successfully represented petitioners before the Supreme Court in a 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 law professors specializing in constitutional law and criminal procedure in merits-stage amicus brief before the United States Supreme Court (Borden v. United States, 141 S. Ct. 1817 (2021))

  • Defended regional transmission organization against claims seeking payment for wholesale electricity services beyond the rates permitted by a federal tariff (Old Dominion Electric Cooperative v. PJM Interconnection, LLC, 24 F.4th 271 (4th Cir. 2022))

  • Obtained vacatur of lower court dismissal on behalf of putative class of purchasers of medical products in antitrust suit before the Seventh Circuit (Marion HealthCare, LLC. v. Becton Dickinson & Co., 952 F.3d 832 (7th Cir. 2020))
  • Represented developer of secure-communications technology in Federal Circuit patent appeal (VirnetX Inc. v. Apple Inc., 792 F. App’x 796 (Fed. Cir. 2019))
  • Represented a municipality and its employees in support of their petition for a writ of certiorari to the Sixth Circuit in the United States Supreme Court
  • Represented federal agency before the Fifth Circuit in cases involving the effect of bankruptcy on the agency’s regulatory authority over filed tariff rates
  • Represented a major biopharmaceutical company in support of its petition for a writ of certiorari to the Federal Circuit in the United States Supreme Court
  • Represented a major technology company on appeal to the Federal Circuit in case involving patent standing issues
  • Represented a major pension fund and putative class of investors in a securities-fraud suit against an oil and gas company on appeal before the Fifth Circuit
  • Represented a telecommunications company on appeal before the Federal Circuit, defending the grant of preliminary injunctive relief in case involving a global licensing dispute
  • Represented foreign and domestic respondents in an International Trade Commission investigation into alleged patent infringement
  • Represented an animal pharmaceutical company in arbitration over breach of a licensing contract
  • Represented a fraud victim, both as a witness in criminal proceedings and in conjunction with civil claims

Publications

News & Appearances

Presentations

Clerkships

  • Law clerk to the Honorable Elena Kagan, United States Supreme Court
  • Law clerk to the Honorable Raymond Kethledge, United States Court of Appeals for the Sixth Circuit
  • Law clerk to the Honorable Ronnie Abrams, United States District Court for the Southern District of New York

Honors & Awards

40 & Under Litigator, Benchmark Litigation, 2024

Education

University of Michigan Law School, J.D., summa cum laude

Order of the Coif

Articles Editor, Michigan Law Review, Vol. 114

Henry M. Bates Memorial Scholarship Award

Clarence Darrow Scholar

Campbell Moot Court Competition, Finalist

Cornell University, B.A., summa cum laude

Phi Beta Kappa

Bar and Court Admissions

  • New York
  • District of Columbia
  • United States Supreme Court
  • United States Court of Appeals for the 2nd, 3rd, 4th, 5th, 6th, 7th, 9th, D.C., and Federal Circuits
  • United States District Courts for the Southern and Eastern Districts of New York

Professional Affiliations

American Bar Association

Section of Litigation – Co-Chair, Appellate Practice Committee
(2024 - present)

Section of Litigation – Subcommittee Co-Chair, Appellate Practice Committee
(2023 – 2024)

Section of Environment, Energy, and Resources – Vice Chair, Energy and Natural Resources Litigation Committee
(2023)

Young Lawyers Division

Energy Bar Association

Federal Circuit Bar Association

Law360 Editorial Advisory Board

Energy (2024)

Appellate (2023)

William B. Bryant Inn of Court

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