Jennifer Fischell is a partner who advises clients in high-stakes matters through all the stages of litigation, from pre-litigation advice through merits briefing at the Supreme Court of the United States. Fischell has particular experience working on complex legal issues and appeals. Her trial-through-appeal perspective allows her to craft creative, persuasive, and winning arguments.
MoloLamken’s matters regularly involve cutting-edge business, regulatory, statutory, and constitutional questions. Clients rely on Fischell for the deep thinking that such cases require. Her thorough and creative analysis regularly drives strategy in cases in state and federal court, bankruptcy court, arbitration, and before agencies like the International Trade Commission.
Lawdragon Honors
| Honor | Year | Practice |
|---|---|---|
| The 2026 Lawdragon 500 X – The Next Generation | 2026 | Commercial Litigation, Appellate, Energy |
Fischell’s practice deals with a wide range of subject areas, including novel issues in administrative law, business and contract disputes, securities law, bankruptcy, antitrust, white collar defense, and energy law. Fischell also frequently litigates complex patent matters in the Federal Circuit worth hundreds of millions of dollars.
Fischell’s approach to shaping arguments benefits 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. 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
- 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))
- Obtained vacatur of a $25.3 million damages award on appeal before the Fifth Circuit in an enforcement action brought by the Federal Trade Commission (FTC v. Zaappaaz, L.L.C., 140 F.4th 675, 2025 WL 1682296 (5th Cir. 2025))
- Obtained vacatur of non-infringement verdict and a remand for a new trial on appeal before the Federal Circuit on behalf of inventor of hard-drive technology (Lambeth Magnetic Structures, LLC v. Seagate Tech. (US) Holdings Inc., No. 2023-1335, 2025 WL 2659149, at *1 (Fed. Cir. Sept. 17, 2025))
- 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))
- Briefed and argued appeal in the D.C. Circuit on behalf of white-collar defendant challenging conviction on constitutional and statutory grounds
- 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 federal agency before the Fifth Circuit in cases involving the effect of bankruptcy on the agency’s regulatory authority over filed tariff rates
- Advised Fortune 500 company on potential claims and defenses related to complex contract disputes
- 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 an animal pharmaceutical company in arbitration over breach of a licensing contract