Molly Bruder Fox

Partner

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Areas of Work

Commercial Litigation, Rail Transportation, Judgment Enforcement & Asset Recovery, International Arbitration

Overview

Molly Bruder Fox partners with clients to successfully manage high-stakes litigation, arbitration, and regulatory matters in a number of industries including railroad, financial services, telecommunications, and oil and gas. She has particular experience navigating the intersection of business disputes with regulatory obligations.

Molly often represents companies before arbitration tribunals, including the American Arbitration Association (AAA), the Financial Industry Regulatory Authority (FINRA), United Nations Commission on International Trade Law (UNCITRAL), and ad hoc panels.

Molly also represents clients in connection with their efforts to obtain recognition and enforcement of judgments and arbitral awards in courts around the world.

She is active in pro bono matters, including eviction defense, gender discrimination and housing discrimination claims. Molly previously led Steptoe's Professional Training Committee and designed the firm's 12-part Core Litigation Skills training program.

District of Columbia
California
US Court of Appeals, District of Columbia
US Court of Appeals, Second Circuit
US Court of Appeals, Eighth Circuit
US District Court, District of Columbia
US District Court, District of Maryland

Hon. Roger L. Wollman, US Court of Appeals, Eighth Circuit, 2009-2010

J.D., American University, Washington College of Law, 2009, summa cum laude; Order of the Coif, Associate Symposium Editor, American University Law Review
B.A., Carleton College, 2003, magna cum laude, Phi Beta Kappa, Political Science

Areas of Work

Representative Matters

Representing BNSF, one defendant, in In re Rail Freight Fuel Surcharge Antitrust Litigation, a putative nationwide class action in the United States District Court for the District of Columbia in which the plaintiff is seeking billions of dollars. The district court denied class certification in October 2017.
Defending BNSF in an ad hoc arbitration with the Port of Vancouver regarding the parties’ contractual obligations and in confirmation and enforcement proceedings in the Western District of Washington.
Representing BNSF in a Costumer On Time Performance investigation initiated by Amtrak before the Surface Transportation Board.
Representing major Class I railroad in a number of confidential disputes with other rail carriers regarding shared use of rail lines and other commercial relationships.
Represented BNSF in Common Carrier dispute before the Surface Transportation Board.
Represented litigation services company in AAA arbitration claiming breach of contract by a former executive.
Defended Nokia Siemens Networks (now Nokia Solutions and Networks) in AAA arbitrations against customers' claims for breach of contract regarding the performance of cellular infrastructure systems.
Represented managed healthcare company in Delaware Chancery Court in an earn out and indemnification dispute arising from an equity purchase agreement.
Represented of US Airways, Inc. in its efforts to recover corporate cash funds that its brokers Lehman Brothers, Inc. (LBI) and Oppenheimer & Co. Inc. invested in Auction Rate Securities (ARS), products that were unsuitable for US Airways' investment goals and risk profile. Steptoe’s team earned US Airways FINRA awards of $15 million and $30 million, one of the largest ARS awards for damages to date.
Represented Brightstar Corp., one of the largest private telecommunications companies in the United States, in a dispute with its joint venture partner in an AAA arbitration including at an evidentiary hearing in support of a preliminary injunction.
Represented Credit Suisse in an adversary proceeding in bankruptcy court for the District of Maryland. TMST, the debtor, is seeking to clawback hundreds of millions of dollars paid to Credit Suisse and five other Wall Street banks. TMST was one of the leading public companies to securitize mortgage backed securities (MBS) and financed its purchases via repurchase agreements. When the financial crisis of 2008 occurred, the value of the MBS depreciated resulting in margin calls and liquidation of collateral. The claims against Credit Suisse are $295 million and Credit Suisse's proof of claim is $891 million.
Represented a financial services company in a class action lawsuit related to unclaimed property which resulted in a creative settlement.
Represented several significant international law firms in alleged legal malpractice matters.
Represented of an investor with respect to an investment dispute arising from Montenegro's failure to extend the exploration period under an oil and gas exploration agreement. This allegedly breached a bilateral investment treaty's provisions concerning expropriation, full protection and security, most favored nation status, and fair and equitable treatment.
Represented ExxonMobil in connection with its worldwide effort to obtain compensation from PDVSA, the state-owned oil company of Venezuela, and its subsidiaries following Venezuela’s expropriation without compensation of an ExxonMobil subsidiary’s rights and interests in joint venture.