Mary Beth Maloney is a partner in the New York office of Gibson, Dunn & Crutcher, and a member of the Firm’s Litigation, Securities Litigation, and Business Restructuring and Reorganization Practice Groups.

Recognized as a leading lawyer in the area of Commercial Litigation by The Best Lawyers America®, Ms. Maloney has successfully defended a wide range of clients in high-profile matters involving some of the most noteworthy financial fraud cases of the last 10 years.  Her trial experience includes multi-billion dollar federal jury and bench trials, as well as trials in the Southern District of New York, the Central District of California, the Delaware Court of Chancery, and Delaware Bankruptcy Court.

In 2016, Ms. Maloney was a key member of the trial team that vindicated Ms. Lynn Tilton against fraud charges brought by the Securities and Exchange Commission, defeating disgorgement of $200 million and Ms. Tilton’s debarment as an investment advisor.  Ms. Maloney also represented Chevron Corporation—in what The American Lawyer called “The Case of the Century”— Chevron’s successful RICO and fraud suit to bar the enforcement of a $9 billion fraudulent Ecuadorian judgment, where she defended two witnesses at trial.  She continues to represent both Ms. Tilton and Chevron in numerous forums.

Ms. Maloney is currently serving as lead trial counsel to Sequential Brands Inc., where she is defending the Company against fraud charges and alleged reporting violations brought by the SEC in the Southern District of New York.  She also represents the Company in shareholder actions brought in Delaware District Court and the Central District of California.  She also serves as co-lead trial counsel to Dole Food Company in actions pending in Delaware District Court and Hawaii State Court.

Ms. Maloney also counsels numerous clients, including venture funds, private equity funds, registered financial advisors, alternative asset managers, and publicly traded companies in response to civil and criminal government agency investigations, including investigations brought by the SEC.

Ms. Maloney’s practice also includes numerous representations related to biopharma valuation and investment disputes including, among others:

• Defending Immunomedics (owned by Gilead Science) in a securities fraud class action pending in the District Court of New Jersey;
• Pursuing an appraisal action currently pending in Delaware Chancery Court on behalf of individual investors and former Board members of Altor Bioscience;
• Representing venture capital firm, 8VC, in pending actions before the SEC and DOJ in connection with their investment in biomedical start-up uBiome; and
• Successfully representing RTW Investments in connection with a valuation dispute related to a pharmaceutical investment.

Ms. Maloney served or is serving as litigation counsel in numerous actions in the Bankruptcy Courts of Delaware and the Southern District of New York including, among others, on behalf of:

• Tilton and her affiliated Patriarch entities in the chapter 11 cases of the Zohar Funds, three Cayman-island based CLO hedge funds;
• The ad hoc group of lenders representing approximately $1.5 billion of senior debt issued by Garrett Motion;
• The secured lenders holding over $800 million in term loans issued by Tailored Brands, Inc., the parent company of The Mens’ Wearhouse and JoS. A. Bank Clothiers in its successful chapter 11 restructuring.
• 8VC in connection with post-petition financing provided to uBiome in chapter 11.

Additional Significant Representative Experience:

• Vale S.A.:  Represents one of the world’s largest mining companies in several different billion-dollar putative securities class actions filed in the wake of catastrophic mining accidents in Brazil.
• Artémis and François Pinault:  Obtained complete defense verdict for Artémis and François Pinault following a four-week federal jury trial in the Central District of California (J. Klausner) brought by the California Insurance Commissioner, alleging fraud and damages of $4.2 billion.
• Overseas Shipholding Group (OSG):  Represented equity holders in the restructuring of OSG, including in connection with exit financing from chapter 11 cases.
• Royal Bank of Canada:  Favorably resolved highly publicized regulatory and civil proceedings arising out of structured finance investment losses realized by five Wisconsin School Districts in the wake of the global financial crisis.
• Credico USA:  Facing multi-million dollar labor and employment class action claims in multiple jurisdictions, obtained summary judgment victories in two labor and employment class actions in the Southern District of New York (J. Engelmayer).
• New York Attorney General Experience:  Successfully defended a statewide not-for-profit, winning the return of $10 million seized by the New York Attorney General and ending NYAG’s investigation.

Boards and Other Professional Affiliations

Ms. Maloney is a member of the Board of Directors of the New York Urban Debate League; an Advisory Board Member for Women in Funds, an organization of female attorneys and compliance professionals; Fund Chair for her Barnard College class; and an active supporter of Robin Hood.

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.