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Mary Beth Maloney is a partner in the New York office of Gibson, Dunn & Crutcher, and a member of the Firm’s Litigation, Life Sciences, Securities Litigation, and Business Restructuring Practice Groups. She serves as the Co-Chair of Hiring for the Firm’s New York office.
Recognized as a leading lawyer in the area of Commercial Litigation by The Best Lawyers America®, Mary Beth’s commercial disputes practice includes representing life sciences clients in multi-million dollar licensing and other contract disputes, investment funds and investment advisors in commercial litigation and government investigations, and companies in contract and shareholder disputes. She has also defended numerous clients in securities related civil class actions as well as responding to investigations and enforcement actions by various government agencies, including the Securities and Exchange Commission.
Mary Beth’s experience includes successful multi-billion-dollar federal bench and jury trials, including representing 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. In 2016, Ms. Maloney was a member of the trial team that vindicated Ms. Lynn Tilton against fraud charges brought by the SEC, defeating debarment and disgorgement of $200 million. She continues to represent both Ms. Tilton and Chevron in numerous forums, including in international arbitration.
Complex Commercial Litigation: Mary Beth’s complex commercial litigation practice includes representations in federal and state courts, as well as in arbitration. She is currently counsel to AlixPartners in a defamation and RICO action pending in SDNY; lead counsel to Coupang, the “Amazon of South Korea,” in a contract dispute in Delaware Chancery Court; lead counsel to Centerview Partners and one of its managing directors in a civil securities fraud and common law fraud action pending in the 5th Circuit and for which she obtained dismissal with prejudice from the district court; and lead counsel to Lynn Tilton and Patriarch Partners in a contract dispute pending in New York State Court. She was recently lead counsel to a group of investment funds in a contract dispute litigated in both SDNY and Delaware Bankruptcy Court and for which she obtained a complete dismissal. She has also successfully represented real estate investors in disputes in arbitration (applying New York Law) and litigation (in New York State Court), including, the investors in Kaufman Astoria Studios; Immanuel Lutheran Church, one of the oldest Lutheran congregations in Manhattan; and private New York City real estate holders.
Securities Litigation: Mary Beth handles securities related civil class actions as well as SEC investigations and litigations. She recently defended Binance Holdings Limited against the SEC in the District of Columbia, the CFTC in the N.D. of Illinois, and private litigants in the S.D. Florida. She also obtained a favorable settlement from the SEC for negligent fraud without any admission of wrongdoing or payment of any penalty on behalf of Sequential Brands Inc. and its Board after a multi-year investigation in which the SEC pursued charges for fraud and financial reporting violations. She currently represents Sequential’s former Directors in the Southern District of New York in a securities fraud class action based on alleged accounting fraud. She also represents Vale, Brazil’s largest mining company, in a securities fraud class action pending in the Eastern District of New York (after having previously obtained a favorable settlement of an earlier securities class action against Vale and its executives). She is also defending Medallion Financial and its executives in a securities fraud action brought by the SEC in the SDNY for which a motion to dismiss is currently pending.
Life Sciences Representations: Mary Beth is uniquely skilled in navigating small- and mid-cap life sciences companies through the complex disclosure, financing, and regulatory issues (including the FDA and EMA) created by “bet the company” disputes. Her life-sciences representations include, among others:
Distressed Company Litigation: Mary Beth also 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 adversary proceedings related to the Chapter 11 cases of the Zohar Funds, three Cayman-island based CLO hedge funds.
Boards and Other Professional Affiliations
Mary Beth is proud to have been appointed by Chief Judge of the State of New York to the Permanent Commission on Access to Justice, supporting equal access to New York courts; she is also on the Board of Directors of the Center Justice Innovation, a 30-year New York City-based organization supporting a more effective and humane criminal justice system; is a member of the Board of Directors of the New York City Urban Debate League, supporting middle school and high school speech and debate opportunities in underserved communities; an Advisory Board Member for Women in Funds, an organization of fund-related attorneys and compliance professionals; and an active supporter of her alma mater, Barnard College.
Prior Professional Experience
Before joining Gibson Dunn, Mary Beth 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, Mary Beth worked for six years in the California State Capitol, where as a legislative director she negotiated the first financial privacy legislation in the country.
Mary Beth 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 in three years, magna cum laude.
University of Southern California - 2007 Juris Doctor
Barnard College - 1998 Bachelor of Arts
New York Bar