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. His practice covers a broad array of subject matters, including arbitral award and judgment enforcement, sovereign immunity, constitutional law, business litigation, and securities fraud.
Kry is a founding partner of MoloLamken, which he joined after several years in the Supreme Court and appeals practice of another prominent firm. Before that, 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.
Lawdragon Honors
Representative Matters
- Obtained enforcement of an International Chamber of Commerce arbitral award against Albanian state entities (Omni Bridgeway Ltd. v. Ministry of Infrastructure & Energy of Republic of Albania, No. 23-1938, 2025 WL 506570 (D.D.C. Feb. 14, 2025))
- Represented the principal drafter of the Foreign Sovereign Immunities Act's arbitration exception in a Supreme Court case over personal jurisdiction in arbitral enforcement (CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd., No. 23-1201 (filed Dec. 11, 2024))
- Overturned a turnover order against a foreign central bank on sovereign immunity grounds (Peterson v. Bank Markazi, 121 F.4th 983 (2d Cir. 2024))
- Obtained enforcement of an International Chamber of Commerce arbitral award against a Korean airline (Gate Gourmet Korea Co. v. Asiana Airlines, Inc., No. 2:24-cv-01265, 2024 WL 3058268 (C.D. Cal. June 17, 2024))
- Obtained enforcement of an International Chamber of Commerce arbitral award against Iraq’s port operator and its parent agency and government (Archirodon Construction (Overseas) Co. Ltd. v. General Company for Ports of Iraq, No. 22-1571, 2024 WL 341066 (D.D.C. Jan. 30, 2024))
- Obtained reversal in part of a dismissal of a securities fraud class action against Biogen over misleading statements concerning clinical trial results for its Alzheimer’s drug, Aduhelm (Shash v. Biogen, Inc., 84 F.4th 1 (1st Cir. 2023))
- Obtained a jury verdict for the plaintiff class in a securities fraud trial over a founder’s concealment of his role in an oil transport company (Gruber v. Gilbertson, No. 1:16-cv-09727 (S.D.N.Y. 2022))
- Overturned a judgment against Moldova’s national gas utility holding that the company was an alter ego of the state (Gater Assets Ltd. v. AO Moldovagaz, 2 F.4th 42 (2d Cir. 2021))
- Represented a patent owner in the Supreme Court in a challenge to the appointment of administrative patent judges (United States v. Arthrex, Inc., 594 U.S. 1 (2021))
- Represent investor advocates in a challenge to the Securities and Exchange Commission’s restrictions on shareholder proposals (Interfaith Center on Corporate Responsibility v. SEC, No. 1:21-cv-01620 (D.D.C. filed June 15, 2021))
- Obtained enforcement of a Stockholm Chamber of Commerce arbitral award against Ukraine’s largest oil and gas company and summary judgment on fraud and trade secret claims (OJSC Ukrnafta v. Carpatsky Petroleum Corp., 957 F.3d 487 (5th Cir. 2020))
- Overturned dismissal of gross negligence and punitive damages claims against an RMBS sponsor (Deutsche Bank Nat’l Trust Co., as Trustee for the MSAC 2007-NC4 Trust v. Morgan Stanley Mortg. Capital Holdings LLC, 169 A.D.3d 217 (N.Y. App. Div. 1st Dep’t 2019))
- Obtained enforcement of an ICSID arbitral award against the Kyrgyz Republic for a Turkish construction company (Sistem Mühendislik Inşaat Sanayi Ve Ticaret, A.Ş. v. Kyrgyz Republic, 741 F. App'x 832 (2d Cir. 2018))
- Obtained enforcement of a Permanent Court of Arbitration award against the Republic of Ghana for an English energy company (Balkan Energy Ltd. v. Republic of Ghana, 302 F. Supp. 3d 144 (D.D.C. 2018))
- Represented a foreign sovereign in a Supreme Court case over the seizure of ancient Persian artifacts from museums to satisfy default judgments (Rubin v. Islamic Republic of Iran, 583 U.S. 202 (2018))
- Obtained reversal of a judgment dismissing securities fraud claims against Alibaba Group arising out of its IPO (Christine Asia Co. v. Ma, 718 F. App’x 20 (2d Cir. 2017))
- Overturned a judgment enforcing a foreign investor’s arbitral award against the Lao Government (Thai-Lao Lignite (Thailand) Co. v. Gov't of the Lao People’s Democratic Republic, 864 F.3d 172 (2d Cir. 2017))
- Represented a global pharmaceutical company in a fraud suit over a $2.3 billion corporate acquisition in Mexico (Representaciones e Investigaciones Médicas, S.A. de C.V. v. Espinosa, No. 655112/2016 (N.Y. Sup. Ct. filed Sept. 27, 2016))
- Represented a foreign central bank in a separation of powers challenge to a statute directing the outcome of a specific pending case (Bank Markazi v. Peterson, 578 U.S. 212 (2016))
- Represented a foreign biotechnology company in a 13-day merits hearing in a confidential arbitration before the American Arbitration Association (2016)
- Represented a Chicago taxi medallion financing company in litigation against a bank over an $80 million credit facility (Transit Funding Assocs. LLC v. Capital One Equip. Fin. Corp., No. 652346/2015 (N.Y. Sup. Ct. filed June 30, 2015))
- Appeal of an order denying comity to German law in cross-border insolvency proceedings (Jaffe v. Samsung Elecs. 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 Am. Fin. Corp. v. Edwards, 567 U.S. 756 (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 an adverse judgment in service-station franchise litigation under the Petroleum Marketing Practices Act (Mac’s Shell Serv., Inc. v. Shell Oil Prods. Co., 559 U.S. 175 (2010))
- Obtained Supreme Court review and reversal of a decision setting aside a provision of a New England wholesale energy market settlement (NRG Power Mktg., LLC v. Maine Pub. Utils. Comm’n, 558 U.S. 165 (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 Enter. Fund v. Pub. Co. Accounting Oversight Bd., 561 U.S. 477 (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))