FacultyFaculty/Author Profile
Robert K. Kry

Robert K. Kry

Molo Lamken LLP

Washington, DC, USA


Robert Kry's practice focuses on trial and appellate litigation. He represents clients before the United States Supreme Court, the federal courts of appeals, and other federal and state courts. He has authored approximately 20 Supreme Court briefs and has argued numerous matters in trial and appellate courts. His practice covers a broad array of subject matters, including constitutional law, sovereign immunity, business litigation, securities fraud, criminal law, and intellectual property. 

Before joining MoloLamken, Mr. Kry was an associate with Baker Botts LLP. Before that, Mr. Kry served as a law clerk to Justice Antonin Scalia of the United States Supreme Court and to Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit.

Representative Matters
  • Represented the Lao Government in obtaining vacatur of a judgment enforcing a foreign arbitral award (Thai-Lao Lignite (Thailand) Co., Ltd. v. Government of the Lao People's Democratic Republic, No. 10–cv–5256, 2014 WL 476239 (S.D.N.Y. Feb. 6, 2014))
  • Defense on appeal of a ruling that discovery is not available in inter partes reexaminations before the Patent and Trademark Office (Abbott Laboratories v. Cordis Corp., 710 F.3d 1318 (Fed. Cir. 2013))
  • Appeal of an order denying comity to German law in cross-border insolvency proceedings (Jaffe v. Samsung Electronics Co., Ltd., 737 F.3d 14 (4th Cir. 2013))
  • Obtained dismissal of Supreme Court review of a constitutional challenge to standing under the Real Estate Settlement Procedures Act (First American Financial Corp. v. Edwards, 132 S. Ct. 2536 (2012))
  • Defense on appeal of the denial of an injunction against foreclosure in a commercial property dispute (Broadway 500 West Monroe Mezz II LLC v. Transwestern Mezzanine Realty Partners II, LLC, 80 A.D.3d 483 (N.Y. App. Div. 1st Dep’t 2011))
  • Obtained Supreme Court review and reversal of a judgment in service-station franchise litigation under the Petroleum Marketing Practices Act (Mac’s Shell Service, Inc. v. Shell Oil Products Co., 130 S. Ct. 1251 (2010))
  • Obtained Supreme Court review and reversal of a decision setting aside a provision of a New England wholesale energy market settlement (NRG Power Marketing, LLC v. Maine Public Utilities Commission, 130 S. Ct. 693 (2010))
  • Defense in the Supreme Court of a constitutional challenge to the entity created by the Sarbanes-Oxley Act to oversee audits of public companies (Free Enterprise Fund v. Public Company Accounting Oversight Board, 130 S. Ct. 3138 (2010))
  • Appeal of a dismissal of a commercial suit on jurisdictional grounds (CP Solutions PTE, Ltd. v. General Electric Co., 553 F.3d 156 (2d Cir. 2009))
  • Appeal of a copyright infringement judgment against a Remote Storage Digital Video Recorder (Cartoon Network LP v. CSC Holdings, Inc., 536 F.3d 121 (2d Cir. 2008)) 
  • Appeal of a billion-dollar securities fraud verdict (Morgan Stanley & Co. v. Coleman (Parent) Holdings Inc., 955 So. 2d 1124 (Fla. App. 2007)) Publications
  • Keeping the Company’s Nose Clean After Matrixx, Executive Counsel, June/July 2011
  • Confrontation at a Crossroads, 6 Charleston L. Rev. 49 (2011)
  • Mac’s Shell and the Future of Constructive Termination, 30 Franchise L.J. 67 (2010)
  • Forfeiture and Cross-Examination, 13 Lewis & Clark L. Rev. 577 (2009)
  • Confrontation Under the Marian Statutes, 72 Brook. L. Rev. 493 (2007)
  • Case Note, Once in Doubt, 110 Yale L.J. 725 (2001)
  • Case Note, The Copyright Law, 111 Yale L.J. 761 (2001)
  • Op-ed, Real Monopolists, Investor’s Bus. Daily, June 9, 2000
  • The “Watchman for Truth”: Professional Licensing and the First Amendment, 23 Seattle U. L. Rev. 885 (2000)
Presentations
  • Copyright Policy and the Future of Television, University of Colorado, May 13, 2014 
  • Execution of Judgments Under the Foreign Sovereign Immunities Act, D.C. Bar, Mar. 31, 2014
  • Enforcement of Foreign Judgments in the United States, Union Internationale des Avocats Winter Seminar, Feb. 27, 2014
  • Online Television in the Balance: The Courts and Aereo, Multichannel News Webinar, Jan. 30, 2014
  • The Confrontation Clause, Lewis & Clark Law School Symposium, 2009
  • Crawford and Beyond, Brooklyn Law School Symposium, 2006
Honors & Awards
  • Washington D.C. Rising Star, Super Lawyers, 2013 and 2014
Professional Affiliations
  • Barrister, Edward Coke Appellate Inn of Court
Clerkships
  • Law clerk to the Honorable Antonin Scalia, United States Supreme Court
  • Law clerk to the Honorable Alex Kozinski, United States Court of Appeals for the Ninth Circuit
Education
  • Yale Law School, J.D., 2002
  • Executive Editor, Yale Law Journal
  • Lead Article Editor, Yale Journal on Regulation
  • First place team, oralist, and brief, Morris Tyler Moot Court of Appeals
  • Co-chair, Morris Tyler Moot Court of Appeals
  • Queen's University, Canada, B. Comm., 1997
Bar and Court Admissions
  • District of Columbia
  • New York
  • United States Supreme Court
  • United States Courts of Appeals for the 2nd, 4th, 5th, 9th, 11th, D.C., and Federal Circuits
  • United States Court of Appeals for Veterans Claims
  • United States District Courts for the District of Columbia, District of Maryland, and Southern District of New York
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