Abby M. Mollen
Bartlit Beck Herman Palenchar & Scott LLP, 2011-Present, Partner (since 2015)
Simpson Thacher & Bartlett LLP, 2009-2010, Associate
Cases tried or otherwise taken to judgment
Confidential AAA Arbitration
Trial counsel for “Big Four” accounting firm in AAA arbitration against hotel developer. Plaintiff alleged accountants’ negligence in advising on ESOP and other tax issues. Case settled favorably during trial after cross-examination of Plaintiffs' witnesses.
Cloud Satchel v. Amazon.com (D. Del.)
Trial and appellate counsel for Amazon.com in patent infringement case relating to document database and retrieval technology and the Kindle portable reader. Won summary judgment of invalidity. Appeal pending. Read more here.
UbiComm v. Zappos IP, Inc. (D. Del.)
Trial counsel for Zappos in patent infringement case relating to e-mail reminder systems. Won judgment of invalidity under § 101 on a Rule 12 motion. UbiComm chose not to pursue an appeal. Read more here.
The FairPoint Communications, Inc. Litigation Trust v. Verizon Communications, Inc. (W.D.N.C.)
Trial counsel for Verizon in fraudulent conveyance action brought by a litigation trust. Case settled following two-week bench trial.
Tyco International Ltd. v. Swartz (S.D.N.Y.)
Trial counsel for Tyco in case against former CFO for improperly received compensation in SDNY. Obtained order in favor of Tyco after bench trial.
Dyson, Inc. v. BISSELL Homecare, Inc. (N.D. Ill.)
Trial counsel for BISSELL as defendant in a Lanham Act action brought by Dyson concerning vacuum cleaners. Case settled.
Pioneer Hi-Bred v. Monsanto (S.D. Iowa)
Trial counsel for Pioneer in patent infringement suit against Monsanto relating to corn seed production techniques. Case settled.
Tyco International Ltd. v. Kozlowski (S.D.N.Y.)
Trial counsel for Tyco in breach of fiduciary duty and conversion suit against former CEO. Case settled.
Franklin Strategic Income Fund, et al. v. Rigas, et al. (S.D.N.Y.)
Trial counsel for Deloitte and Touche LLP in federal securities suit related to Adelphia Communications Corp. Case settled
Acknowledgements, presentations, and publications
Understanding Post's and Meiklejohn's Mistakes: The Central Role of Adversary Democracy in the Theory of Free Expression, 103 Nw. U. L. Rev. 1303 (2009) (with Martin H. Redish)
In Defense of the "Hazardous Freedom" of Controversial Student Speech, 102 Nw. U. L. Rev. 1501 (2008) (Comment)