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 Business Restructuring and Reorganization Practice Groups.

Ms. Maloney represents multinational companies, financial institutions, and senior executives in complex commercial litigation, regulatory proceedings, internal investigations, and restructurings.  She is a trusted advisor to numerous fund founders, 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 has successfully defended a wide range of clients in high-profile matters involving some of the most noteworthy financial cases of the last 10 years.  Her trial experience includes multi-billion dollar federal jury and bench trials, as well as trials in the Delaware Court of Chancery and Delaware Bankruptcy Court.

Since 2016, Ms. Maloney has represented Ms. Lynn Tilton and Patriarch Partners.  She served as a key member of the trial team that vindicated Ms. Tilton and her company against SEC 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.  Since then, Ms. Maloney has represented Ms. Tilton and Patriarch in more than a dozen matters related to Ms. Tilton’s portfolio companies and her multi-billion dollar distressed debt CLO funds, including before the Delaware Court of Chancery, District Courts of New York and Delaware, Delaware Bankruptcy Court, and state trial and appellate courts in New York, California, Michigan and Arizona.

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.

Early in her career, Ms. Maloney 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.  She developed Chevron’s damages theory and took the trial testimony of its expert witnesses before Judge Lewis B. Kaplan in the Southern District of New York.

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.
• 8VC: Represents venture capital firm, 8VC, including as an investor in, and director at, various portfolio companies, including in connection with post-petition DIP financing provided to biomedical start-up uBiome, following a government raid and investigation of its founders for false billing practices.
• 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 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 the New York Urban Debate League and 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.  She was also Assemblyman Mark Leno’s first legislative director when in 2003 he introduced the first statewide gay marriage 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.