Sara Tofighbakhsh

Sara Tofighbakhsh’s practice focuses on complex civil litigation at both the trial and appellate levels in both state and federal courts. Her practice spans a broad range of subject matters, including complex business litigation and white collar criminal defense.

Ms. Tofighbakhsh is a skilled legal researcher, writer, and advocate. She contributes to every stage of the case, including conducting in-depth factual and legal research, drafting important motions and briefs, developing case strategy, and preparing for argument and trial.

Prior to joining MoloLamken, Ms. Tofighbakhsh served as a law clerk to the Honorable Gerard E. Lynch of the United States Court of Appeals for the Second Circuit. She also clerked for the Honorable Denise Cote of the United States District Court for the Southern District of New York. Ms. Tofighbakhsh’s clerkship experience gives her invaluable insight into the development of cases, ranging from the care involved in initiating suits and engaging in motion practice at the district court level to the strategic presentation of issues on appeal. She uses that experience to plan ahead and advance case strategies.

Representative Matters

• A group of student athletes objecting to the $2.8 billion settlement of an antitrust suit against the NCAA and Power Five conferences over athlete compensation, on the grounds that the settlement discriminates against women and violates Title IX, imposes unfair roster limits, violates antitrust law, and inadequately settles employment claims (In re Collegiate Athlete NIL Litigation, No. 20-cv-3919 (N.D. Cal.))

• A Japanese medical device manufacturer in a breach of contract claim against Siemens Healthineers, successfully resolved in mediation (JEOL Ltd. v. Siemens Healthcare Diagnostics Inc., No. 24-2679 (N.D. Ill.))

• A group of putative class action plaintiffs alleging state privacy law violations by various Illinois and Indiana health care institutions in consolidated appeals from federal district court orders to remand the suits to state court (Elkins v. Southeastern Indiana Health Management Inc., Nos. 23-3159, 23-3175, 23-3340, 23-3363, 23-3385 (7th Cir.))

• Hedge funds in a breach of contract and gross negligence suit against Deloitte Transactions and Business Analytics LLP in the New York Commercial Division (Hunnewell Partners (BVI) Ltd. and Park Street (GP) Ltd. v. Deloitte Transactions and Business Analytics LLP, No. 652259/2022 (N.Y. Sup. Ct.))

• A power generation company in obtaining enforcement of an approximately $137 million Permanent Court of Arbitration arbitral award against the Government of the Republic of Ghana (GPGC Ltd. v. The Government of the Republic of Ghana, No. 24-cv-169 (D.D.C.))

• Securities regulation professors as amici curiae supporting defendants in their motion to dismiss a suit by the post-bankruptcy wind-down entity of Bed, Bath & Beyond, Inc., alleging violations of Section 16(b) of the Securities Exchange Act of 1934 (20230930-DK-Butterfly-1, Inc., v. HBC Investments LLC, No. 24-cv-3370 (S.D.N.Y.))

Publications

• Racial Gerrymandering After Rucho v. Common Cause: Untangling Race and Party, 120 Colum. L. Rev. 1885 (2020)