MALAVIKA (MOLLY) RAO
Senior Associate
(212) 808-5129 (212) 808-5129
MALAVIKA (MOLLY) RAO Senior Associate
Malavika (Molly) Rao is an experienced first-chair litigator, who represents major pharmaceutical, life sciences, and technology companies in a wide variety of IP matters, complex commercial disputes, and internal investigations.  She has handled all aspects of civil litigation at the trial and appellate level in federal and state courts, as well as in arbitrations.  She has managed complex discovery matters, conducted direct examinations of an expert witness, taken and defended depositions, and worked with experts to develop reports and present hearing testimony.  Molly also has extensive motion, trial, and appellate brief writing experience.  She routinely counsels clients on regulatory matters and sensitive government investigations involving allegations of financial fraud, securities fraud, the Foreign Corrupt Practices Act and the False Claims Act.

Molly previously served as a law clerk to the Honorable Susan Richard Nelson of the U.S. District Court for the District of Minnesota.

Molly has experience handling patent litigation matters in federal actions, including representation of multinational generic pharmaceutical manufacturers in the following cases:

Intellectual Property
 
  • Forest Laboratories, LLC v. Breckenridge Pharmaceutical, Inc., Civil Action No. 14-1504-SLR (D. Del.) (asenapine maleate)

  • AstraZeneca AB et al. v. Lupin Limited, Civil Action No. 3:15-cv-6092 (D.N.J.) (esomeprazole)

  • Kowa Company, Ltd. V. Lupin Limited, Civil Action No. 15-cv-3935 (S.D.N.Y) (pitavastatin)

International Arbitration

As part of the team representing HOCHTIEF, a major construction company, Molly assisted in an arbitration against the Republic of Argentina before the International Centre for Settlement of Investment Disputes (ICSID).  Molly assisted on briefing related to the annulment proceeding.
 

Pro Bono

Molly has worked on several pro bono matters. She successfully handled drafting an appeal on behalf of the Corporation Counsel of New York, which was unanimously affirmed by the New York Supreme Court, Appellate Division, First Department. Molly also actively works with the organization HerJustice to help navigate women through the legal system to obtain orders of protection and/or judgments of divorce.
 
South Asian Bar Association of North America, South Asian Women’s Attorney Network Co-Chair, 2020-2021.

South Asian Bar Association of New York (SABANY), Women’s Committee Chair, 2017–2018.
 

About

Malavika (Molly) Rao is an experienced first-chair litigator, who represents major pharmaceutical, life sciences, and technology companies in a wide variety of IP matters, complex commercial disputes, and internal investigations.  She has handled all aspects of civil litigation at the trial and appellate level in federal and state courts, as well as in arbitrations.  She has managed complex discovery matters, conducted direct examinations of an expert witness, taken and defended depositions, and worked with experts to develop reports and present hearing testimony.  Molly also has extensive motion, trial, and appellate brief writing experience.  She routinely counsels clients on regulatory matters and sensitive government investigations involving allegations of financial fraud, securities fraud, the Foreign Corrupt Practices Act and the False Claims Act.

Molly previously served as a law clerk to the Honorable Susan Richard Nelson of the U.S. District Court for the District of Minnesota.

Experience

Molly has experience handling patent litigation matters in federal actions, including representation of multinational generic pharmaceutical manufacturers in the following cases:

Intellectual Property
 
  • Forest Laboratories, LLC v. Breckenridge Pharmaceutical, Inc., Civil Action No. 14-1504-SLR (D. Del.) (asenapine maleate)

  • AstraZeneca AB et al. v. Lupin Limited, Civil Action No. 3:15-cv-6092 (D.N.J.) (esomeprazole)

  • Kowa Company, Ltd. V. Lupin Limited, Civil Action No. 15-cv-3935 (S.D.N.Y) (pitavastatin)

International Arbitration

As part of the team representing HOCHTIEF, a major construction company, Molly assisted in an arbitration against the Republic of Argentina before the International Centre for Settlement of Investment Disputes (ICSID).  Molly assisted on briefing related to the annulment proceeding.
 

Pro Bono

Molly has worked on several pro bono matters. She successfully handled drafting an appeal on behalf of the Corporation Counsel of New York, which was unanimously affirmed by the New York Supreme Court, Appellate Division, First Department. Molly also actively works with the organization HerJustice to help navigate women through the legal system to obtain orders of protection and/or judgments of divorce.
 

Memberships

South Asian Bar Association of North America, South Asian Women’s Attorney Network Co-Chair, 2020-2021.

South Asian Bar Association of New York (SABANY), Women’s Committee Chair, 2017–2018.
 
Speaking Engagements
Publications
June 2021 | Articles
Pratt’s Government Contracting Law Report
March 11, 2021 | Client Advisories
Kelley Drye Client Advisory
December 2016 | Books
Business and Commercial Litigation in Federal Courts (4th Ed. 2016)