Richard T. Marooney

• Representing KPMG in connection with the failure of Silicon Valley Bank, Signature Bank and First Republic Bank.
• Representing JPMorgan in litigation concerning hedge arrangements arising out of Winter Storm Uri.
• Representing Oaktree in litigation arising out of an energy infrastructure investment.
• Representing privately held software company in an M&A dispute in DE Chancery.
• Represented financial services company in AAA arbitration and DE Chancery in connection with a post-purchase M&A dispute.
• Represented EY LLP (UK) in litigation concerning NMC Healthcare.
• Defend former CEO of Indivior in a securities class action in the SDNY.
• Represent private equity firm in AAA arbitration in a contractual dispute with a competing wind farm concerning wake impacts.
• Represented Turbonomic, Inc. in DE Chancery concerning a dispute with a competitor arising out of IBM’s acquisition of Turbonomic.
• Represented Hillrom in DE Chancery concerning an MAE dispute arising from its acquisition of BardyDx.
• Representing a private equity firm in an action against another private equity firm arising from a failed bid to purchase assets in the telecommunications industry.
• Following a two-day trial in New York Supreme Court, successfully enjoined the Xerox-Fuji merger on behalf of two of Xerox’s largest shareholders, Darwin Deason and Carl Icahn.
• Won summary judgment for Clarion Partners in an action alleging civil RICO violations arising from investments in Mexico.
• Won summary judgment for Clarion Partners in an action for breach of contract arising from a potential joint venture in Europe.
• Representing Genuine Parts Company in Delaware Chancery Court in an action arising from the termination of an M&A agreement.
• Following a three-day bench trial in the Southern District of New York, achieved confirmation of $465 million arbitration award against the state-owned oil company of Mexico on behalf of a subsidiary of KBR, Inc. after the arbitration award had been annulled by Mexico’s courts.
• Represented AT&T in connection with disputes with Yahoo! concerning data breach matters.
• Won a three-week jury trial for Middle Eastern private equity group in an action involving allegations of fraud, breach of fiduciary duty and other claims relating to Shari’ah-compliant financial structure.
• Defended a Big Four accounting firm in an action by a hedge fund arising out of the failure of one of the largest providers of brokerage and clearing services in the international derivatives, currency and futures market.
• Won a three-week trial for Royal Bank of Canada and RBC Capital Markets in actions involving allegations of fraud, breach of fiduciary duty and aiding and abetting liability.
• Represented a former CFO of a medical device manufacturer in securities litigation arising out of a restatement of financial statements.
• Represented GE Capital Corporation and other lenders in a lawsuit against former CFO of insolvent retailer concerning misrepresentations and accounting issues.
• Won a defamation action on behalf of Julian H. Robertson, Jr. against internet bloggers.
• Achieved dismissal for Ambac in a lawsuit filed by the City of New Orleans arising out of a variable rate municipal bond issuance and related interest rate swaps.
• Won a three-day trial in New York Supreme Court on behalf of board of directors’ special committee in connection with shareholder derivative action concerning alleged breaches of fiduciary duty.
• Defended the underwriter syndicate in a securities class action in connection with an equity offering of Majesco Entertainment Company.
• Represented a hedge fund company in connection with investigation by New York Attorney General concerning equity research practices.
• Achieved early dismissal for the underwriter syndicate in a securities class action concerning an equity offering of Inspire Pharmaceuticals.
• Representing a privately held Latin American conglomerate in connection with shareholder disputes.
• Achieved dismissal for one of Russia’s largest financial institutions in a lawsuit in the Southern District of New York alleging RICO and securities fraud claims.
• Defending an international private equity company in a lawsuit arising out of the sale of a natural gas storage facility.
• Secured dismissal of a Middle Eastern financial services company from lawsuits arising out of the 9/11 terrorist attacks.
• Conducted an internal investigation on behalf of a European company concerning alleged accounting irregularities relating to revenue recognition, return reserves and “channel stuffing.”
• Achieved successful resolution for an energy trading company in a class action in the Southern District of New York concerning alleged market manipulation under the Commodities Exchange Act.
• Advised a private equity group in connection with its investment in a power project in Guatemala.
• Represented an energy trading firm in class action litigation and FERC proceedings arising out of California’s energy crisis.
• Achieved favorable jury verdict in two-week jury trial on behalf of an independent power producer arising from a contract dispute with a leading energy trading company.
• Won a three-week jury trial on behalf of a nuclear power plant owner/operator in a contract dispute with co-owners concerning allegations that the owner/operator mismanaged the plant.

Richard Marooney is an experienced trial lawyer who has tried cases before juries, judges and arbitration panels. His practice focuses on corporate litigation, securities, mergers and acquisitions, auditor liability and international disputes in the financial services, accounting and energy industries.  He represents both plaintiffs and defendants.

Chambers USA has identified Rich as one of the top litigators in New York, where it states that he is "a great trial lawyer, with excellent instincts on case strategy."  Legal 500 recognizes Rich as a top M&A litigator, stating he is "a consummate trial lawyer, quick on his feet...."  Benchmark Litigation ranks Rich as a National Practice Area Star.   Benchmark has named him General Commercial Attorney of the Year and one of the Top 100 Trial Lawyers in America.  He has been recognized as a Litigator of the Week by The American Lawyer and is a New York Super Lawyer.

Rich is Managing Partner of the New York office.  He has been a practice group leader and served two terms on both the firm's Policy Committee and Compensation Committee.