Mary Beth Maloney is a partner in the New York office of Gibson, Dunn & Crutcher, and a member of the Firm’s Litigation, Financial Institutions, and Transnational Litigation Practice Groups.

Ms. Maloney’s practice focuses on high-stakes complex commercial and business litigation, especially involving complex financial products.  She is a trusted advisor to various alternative asset funds, managers, and portfolio companies because she recognizes and works with her clients to manage the business risks inherent in litigation strategy and investigations responses.

Ms. Maloney currently represents Ms. Lynn Tilton and her company, Patriarch Partners, in more than a dozen matters related to Ms. Tilton’s portfolio companies and her multi-billion dollar distressed debt CLO funds.  Ms. Maloney’s work for Ms. Tilton began in 2016 as a key member of the trial team that vindicated Ms. Tilton against the SEC’s fraud charges, defeating the SEC in its home court where it sought disgorgement of $200 million and Ms. Tilton’s debarment as an investment advisor.  Following a three week trial, in 2017 the SEC ALJ dismissed all of the SEC’s charges and factual allegations as “unproven.”  Ms. Maloney has continued to represent Ms. Tilton and Patriarch Partners before the Southern District of New York (obtaining dismissal of civil RICO and fraud claims), the New York Supreme Court (arguing numerous discovery disputes), the Delaware Chancery Court (participating in a two week trial), state courts in Michigan, Arizona, and California, and, most recently, the Bankruptcy Court in the District of Delaware (reaching a mediated result with all stakeholders to stay litigations involving the Zohar Funds, allow Ms. Tilton to remain in executive and director roles at her Portfolio Companies, and avoid the appointment of a Trustee).

Ms. Maloney also currently represents Vale S.A., one of the world’s largest mining companies, in two different billion-dollar putative securities fraud class actions filed in the wake of the Fundão Dam accident in Brazil.

Early in her career, Ms. Maloney was the most junior member of the trial team representing Chevron Corporation in what The American Lawyer called “The Case of the Century.” Ms. Maloney represented the company in its successful RICO and fraud suit to bar the enforcement of a $9 billion fraudulent Ecuadorian judgment, developing Chevron’s damages theory and taking the trial testimony of its expert witnesses before Judge Lewis B. Kaplan in the Southern District of New York.

Additional Significant Representative Experience:

• Royal Bank of Canada:   Prior to the successful settlement of a multi-year lawsuit brought by five Wisconsin school districts alleging fraud in the sale by RBC of $200 million in synthetic CDOs, Ms. Maloney argued and won numerous discovery disputes in state court as well as pre-trial motions in federal court related to a separate action brought by the SEC.
• Louis Bacon/Moore Capital Management:  After successfully obtaining 28 U.S.C. § 1782 discovery (discovery in aid of a foreign proceeding) on behalf of hedge fund manager, Mr. Bacon, the founder of MCM, Ms. Maloney represented MCM’s corporate representative in his deposition related to a $100 million New York State court action brought by Mr. Bacon.
• Credico USA:  Facing multi-million dollar labor and employment class action claims in multiple jurisdictions, Ms. Maloney led the defensive discovery strategy and represented every company witness, including Credico’s president and corporate representative, at their depositions.  Last year, Credico obtained summary judgment victories in the two class actions in which Ms. Maloney represented the company.
• New York Attorney General Experience: Ms. Maloney defended a statewide not-for-profit against the New York Attorney General.  Following her oral argument the client won return of $10 million seized by NYAG.
• Investigations Experience:  Ms. Maloney also counsels numerous clients in response to civil and criminal government agency investigations, including those brought by the SEC.

Boards and Other Professional Affiliations

Ms. Maloney is Director of Programming for Women in Funds, an organization of female attorneys and compliance professionals at funds in New York; NYC Regional Chair of the USC Could Alumni Association; Fund Chair for her class at Barnard College; and an active supporter of the New York Urban Debate League.

Prior Professional Experience

Before joining Gibson Dunn, Ms. Maloney served as a law clerk to the Honorable Alicemarie H. Stotler, then Chief Judge of the United States District Court for the Central District of California.  Prior to attending law school, Ms. Maloney worked for six years in the California State Capitol, where as a legislative director she negotiated the first financial privacy legislation in the country.

Education

Ms. Maloney earned her Juris Doctor from the University of Southern California Gould School of Law. There she was Editor-in-Chief of the Southern California Interdisciplinary Law Journal in which her Note on federal campaign finance laws was published.  She earned her Bachelor of Arts degree from Barnard College, where she was an Erica Jong Writing Fellow, elected to Phi Beta Kappa, and graduated magna cum laude.