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MoloLamken LLP

The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.

Alex Eynon, Associate—Litigation (2023)

Alex Eynon represents plaintiffs and defendants in a broad range of trial and appellate matters. Before joining MoloLamken, Ms. Eynon served as a law clerk to the Honorable Lee H. Rosenthal of the United States District Court for the Southern District of Texas. She also previously worked as a litigation associate at Paul, Weiss, Rifkind, Wharton & Garrison. Ms. Eynon received her B.A. in Art History from Columbia University and her J.D. from Yale Law School. During law school, she worked as a teaching assistant for Professor Judith Resnik’s Federal Courts course and participated in Yale’s Samuel Jacobs Criminal Justice clinic.

Describe your practice area and what it entails.

The breadth of cases at MoloLamken and the depth of expertise across trial-level and appellate practice mean that the docket here is ever varied and exciting. Our firm regularly takes high-stakes cases to trial—and wins—in federal and state courts around the country. Our attorneys also frequently appear before the U.S. Supreme Court, which recently granted two of our cert petitions on the same day. In addition, we have robust white collar, intellectual property, and bankruptcy practices. And associates are expected to practice across all of those areas, regardless of their experience prior to MoloLamken.

What types of clients do you represent?

MoloLamken represents companies, boards, funds, individuals, investors, and inventors in a diverse range of legal matters. We represent plaintiffs and defendants. For example, we might represent corporations defending against breach of contract or patent infringement claims. At the same time, we might be representing plaintiffs in a securities class action or institutional investors challenging the payout on a structured investment product. We also regularly undertake individual representations in white collar cases, where we represent both private citizens and government officials.

What types of cases/deals do you work on?

My personal docket is as diverse as the firm’s. In the past year, I’ve worked on matters including a jury trial in a plaintiff-side securities fraud class action in the Southern District of New York, a Ninth Circuit First Amendment appeal, post-trial motions in a patent case in a Texas federal court, a cross-border judgment enforcement matter against a foreign sovereign, and a business dispute in the New York Supreme Court’s Commercial Division.

How did you choose this practice area?

My district court clerkship confirmed for me that I wanted to be a litigator. For me, that meant seeking a firm where I would be part of the action in my cases right away, rather than waiting years on the sidelines for substantive experience. I also loved working across a breadth of subject matter areas when I clerked, and I was unwilling to be siloed into a specialty just when I was beginning my career. MoloLamken offered the right mix of work and a culture that prioritizes mentoring associates and getting them real experience as early and as often as possible. That’s a rare combination, and it’s why I chose this firm.

What is a typical day like and/or what are some common tasks you perform?

Because of my varied caseload, my days also vary widely. This past summer, I spent two weeks at a jury trial where I examined a witness, second-chaired and prepped others, and briefed and argued evidentiary objections. This fall, I spent two weeks drafting and revising an appellate brief on First Amendment and standing issues. A typical day also involves meeting with my colleagues to discuss strategy, responding to emails, and ensuring that a given case’s upcoming filings or discovery requests are in order. MoloLamken staffs across its three offices and operates on a hybrid in-person and remote model. When I work from home, I communicate frequently with my teammates by phone, chat, and videoconference. During our two weekly in-office days, we typically eat lunch as an office, and I regularly stop by partners’ offices for advice on subjects ranging from business development to how to train for a marathon.

What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?

Because MoloLamken expects associates to jump in right away, we only hire associates who have clerked. Beyond that, the firm values excellent academic credentials, strong writing skills, and stand-up experience in law school or practice. Most importantly, the firm is looking for attorneys who fit MoloLamken’s culture: people with diverse backgrounds and experiences who are excellent teammates and collaborators and who have the common sense and self-confidence to learn new skills and manage challenging cases.
What is the most challenging aspect of practicing in this area?

Our diverse practice is a double-edged sword; it means that I’m always a beginner in something on my docket. I often need to get up to speed on a subject area or a litigation skill quickly, which is occasionally stressful. For example, in a given week I might have to figure out both how to hire a private investigator to locate an unwilling subpoena target and what the scienter standard for a securities fraud claim is in the Second Circuit. That variety means that, while I sometimes wish I was an expert in something, I’m never bored.

What misconceptions exist about your practice area?

Personally, I wasn’t convinced that MoloLamken really expected associates to have a true generalist practice, even though my now-colleagues told me so during my interviews. But I underestimated the degree to which the firm believes in the generalist model and backs it up by ensuring that associates have the mentorship they need to master particular skills and subject-matter areas. For example, when I started at the firm I was surprised that the firm’s appellate and Supreme Court practitioners wanted me on their cases even though I didn’t clerk on an appellate court—which is typically a prerequisite to joining an appellate practice. But they did. As a result of the mentorship I’ve received working on appeals, I’m not only developing an appellate practice, but am also improving my writing in general as well as my instincts about what issues to preserve at trial.

What is unique about your practice area at your firm?

MoloLamken is unusual in its lack of hierarchy and also in its relatively few conflicts, which allows the firm to take on such a broad array of cases. The result is that working at MoloLamken is a kind of “choose your own adventure” experience, with opportunities across all of the areas in which the firm practices—business disputes, IP disputes, and white collar defense and investigations. For example, I’m especially interested in trial work. Within eight months of starting at MoloLamken, I went to trial and took a witness. And I have upcoming trial opportunities where I expect to get similarly substantive experience. I’ve had the same experience seeking out particular subject-matter areas of interest. I know I would not be experiencing that breadth of opportunity and support at many—if any—other firms.

What are some typical tasks that a junior lawyer would perform in this practice area?

Because MoloLamken doesn’t operate according to a traditional hierarchy, both associates and partners frequently work “up” or “down” from their class year. There isn’t a hard distinction between junior and senior associates. Typical tasks for associates include drafting motions or briefs, mooting colleagues for upcoming arguments, working with expert witnesses, taking or defending depositions, drafting complaints, negotiating with opposing counsel, interviewing witnesses, or issuing and responding to requests for discovery. Unlike at some other firms, MoloLamken associates are also substantially involved in two other key aspects of running a firm: business development and recruiting.