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A partner in our Data Privacy & Security and Appellate practices, Marisa Maleck focuses on litigation, regulatory matters and public policy, with a focus on tech, ecommerce, telehealth, digital health, consumer goods and services, independent marketing organizations, and cannabis.  Ms. Maleck’s practice uniquely combines appellate, investigative, litigation, regulatory, corporate, and government-engagement expertise to create bespoke solutions for our clients looking for guidance when there is no road map.

Ms. Maleck has substantial experience with matters involving consumer privacy, data sharing, consumer fraud, defamation, unfair competition, and personal injury/wrongful death lawsuits.  Her matters are often complex and involve strategic thinking, exceptional writing, and narrative building.

Litigation/Appellate

  • As a former senior counsel at a vaping company and in private practice, Ms. Maleck has handled hundreds of suits in a multi-district litigation, dozens of commercial litigation matters, an FTC lawsuit, and 10+ state Attorney Generals actions.
  • Marisa has successfully drafted and/or argued dozens of appellate briefs and critical motions in numerous cases—including class actions and complex litigation—before the U.S. Supreme Court, federal and state courts of appeals, and federal and state trial courts.
  • Ms. Maleck has substantial experience and success in representing businesses in evaluating their practices for legal risk; bringing lawsuits against competitors; and drafting cease and desist and other pre-suit letters to stop her clients’ competitors and others from engaging in defamation, fraud, and/or unfair competition.

Government Matters

  • Ms. Maleck handles multiple inquiries including civil investigative demands from agencies like the Federal Trade Commission, the Office of Civil Rights at the Department of Health & Human Services, the Food and Drug Administration, the Equal Employment Opportunity Commission, and state insurance departments.
  • Marisa has substantial experience in addressing and remediating data security breaches and incidents, including providing analyses of whether and how to report to the public or to regulators.
  • Ms. Maleck builds first-of-its-kind compliance programs for industries existing in grey regulatory spaces to ward off government investigation and litigation risks.
  • Marisa has substantial experience with agency rulemakings including successfully challenging rules and advising on whether and how to strategically comment and engage.
  • Ms. Maleck has conducted and led many internal investigations.

Corporate

  • Ms. Maleck manages regulatory diligence and conducts litigation risk assessments on deals for our private equity clients.

Ms. Maleck also advocates for her clients’ interests in the court of public opinion. She is often solicited for her balanced legal analysis by members of the media. Marisa has appeared on (tv/radio) MSNBC, MSN, CNBC and NPR, and in (print) Newsweek, the National Law Journal, The Wall Street Journal, The Washington Post and Politico.

In addition, Ms. Maleck is the chair of the D.C. office’s pro bono committee and women’s alliance.

Previously, Marisa served as a law clerk for Associate Justice Clarence Thomas of the Supreme Court of the United States and for Chief Judge William H. Pryor, Jr. of the United States Court of Appeals for the Eleventh Circuit

Full Bio

Credentials

J.D., University of Chicago Law School, cum laude

B.A., Amherst College, cum laude

District of Columbia

Maryland

Supreme Court of the United States

U.S. Court of Appeals for the D.C. Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Seventh Circuit

Law Clerk, Clarence Thomas, Supreme Court of the United States

Law Clerk, William H. Pryor, Jr., U.S. Court of Appeals for the Eleventh Circuit

Law360 Rising Star 2021


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Recognition

Law360 Rising Star 2021


Law360

News

In the News · Source: The Wall Street Journal, The New York Times, Daily Report, ESPN, The Associated Press, The Washington Post, The Athletic, Crain’s Chicago Business, Sportcal, Portland Monthly, NYSportsJournalism, Daily Mail, Global Investigations Review, Broward Daily Business Review, The American Lawyer, Sports Illustrated, Texoma's Homepage, CNN, Semana, Targeted News Service, Front Row Soccer and Law360

October 3, 2022
K&S released the report of its independent investigation into allegations of abuse and sexual misconduct in the National Women’s Soccer League, as commissioned one year ago by the U.S. Soccer Federation.

View all

Matters

Represented Allergan in bringing an unfair competition suit against a competitor, and developed strategy which ultimately led to injunctive relief and monetary damages for the Company.

Represented Ipsen Biopharmaceuticals in challenging a government pricing decision that resulted in a successful appeal, which created positive precedent to allow companies to sue the government under the Administrative Procedure Act.

Represented R.J. Reynolds in numerous personal injury lawsuits, including crafting and arguing a motion that resulted in the court reducing the verdict by 75%; prepped the CEO for a congressional hearing.

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Matters

Represented Allergan in bringing an unfair competition suit against a competitor, and developed strategy which ultimately led to injunctive relief and monetary damages for the Company.

Represented Ipsen Biopharmaceuticals in challenging a government pricing decision that resulted in a successful appeal, which created positive precedent to allow companies to sue the government under the Administrative Procedure Act.

Represented R.J. Reynolds in numerous personal injury lawsuits, including crafting and arguing a motion that resulted in the court reducing the verdict by 75%; prepped the CEO for a congressional hearing.

Represented Delta Air Lines in several putative class actions involving a data breach: drafted and/or argued all motions and two appeals, successfully defeating the creation of multi-district litigation, and obtaining and defending the district court’s dismissal of the cases.

Successfully represented a cannabis company in an unlawful detainer action and advised on a creative solution that enabled it to maintain its operations.

Served as in-house counsel for an FDA-regulated vaping company and oversaw the briefing process in litigation.

Advising food, beverage, tobacco, cannabis, telehealth, wellness, and cosmetic companies on various business practices; successfully responding to threatened and actual lawsuits as well as investigations in connection with those practices; and evaluating the legal risk of FDA-regulated companies in the private-equity context.

Representing Google before the U.S. Supreme Court in what some have hailed the “copyright matter of the century.”

News

In the News · Source: The Wall Street Journal, The New York Times, Daily Report, ESPN, The Associated Press, The Washington Post, The Athletic, Crain’s Chicago Business, Sportcal, Portland Monthly, NYSportsJournalism, Daily Mail, Global Investigations Review, Broward Daily Business Review, The American Lawyer, Sports Illustrated, Texoma's Homepage, CNN, Semana, Targeted News Service, Front Row Soccer and Law360

October 3, 2022
K&S released the report of its independent investigation into allegations of abuse and sexual misconduct in the National Women’s Soccer League, as commissioned one year ago by the U.S. Soccer Federation.

View all

Matters

Represented Allergan in bringing an unfair competition suit against a competitor, and developed strategy which ultimately led to injunctive relief and monetary damages for the Company.

Represented Ipsen Biopharmaceuticals in challenging a government pricing decision that resulted in a successful appeal, which created positive precedent to allow companies to sue the government under the Administrative Procedure Act.

Represented R.J. Reynolds in numerous personal injury lawsuits, including crafting and arguing a motion that resulted in the court reducing the verdict by 75%; prepped the CEO for a congressional hearing.

See more
Icon close

Close

Matters

Represented Allergan in bringing an unfair competition suit against a competitor, and developed strategy which ultimately led to injunctive relief and monetary damages for the Company.

Represented Ipsen Biopharmaceuticals in challenging a government pricing decision that resulted in a successful appeal, which created positive precedent to allow companies to sue the government under the Administrative Procedure Act.

Represented R.J. Reynolds in numerous personal injury lawsuits, including crafting and arguing a motion that resulted in the court reducing the verdict by 75%; prepped the CEO for a congressional hearing.

Represented Delta Air Lines in several putative class actions involving a data breach: drafted and/or argued all motions and two appeals, successfully defeating the creation of multi-district litigation, and obtaining and defending the district court’s dismissal of the cases.

Successfully represented a cannabis company in an unlawful detainer action and advised on a creative solution that enabled it to maintain its operations.

Served as in-house counsel for an FDA-regulated vaping company and oversaw the briefing process in litigation.

Advising food, beverage, tobacco, cannabis, telehealth, wellness, and cosmetic companies on various business practices; successfully responding to threatened and actual lawsuits as well as investigations in connection with those practices; and evaluating the legal risk of FDA-regulated companies in the private-equity context.

Representing Google before the U.S. Supreme Court in what some have hailed the “copyright matter of the century.”

News

In the News · Source: The Wall Street Journal, The New York Times, Daily Report, ESPN, The Associated Press, The Washington Post, The Athletic, Crain’s Chicago Business, Sportcal, Portland Monthly, NYSportsJournalism, Daily Mail, Global Investigations Review, Broward Daily Business Review, The American Lawyer, Sports Illustrated, Texoma's Homepage, CNN, Semana, Targeted News Service, Front Row Soccer and Law360

October 3, 2022
K&S released the report of its independent investigation into allegations of abuse and sexual misconduct in the National Women’s Soccer League, as commissioned one year ago by the U.S. Soccer Federation.

View all

Credentials

J.D., University of Chicago Law School, cum laude

B.A., Amherst College, cum laude

District of Columbia

Maryland

Supreme Court of the United States

U.S. Court of Appeals for the D.C. Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Seventh Circuit

Law Clerk, Clarence Thomas, Supreme Court of the United States

Law Clerk, William H. Pryor, Jr., U.S. Court of Appeals for the Eleventh Circuit

Law360 Rising Star 2021


Law360

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Recognition

Law360 Rising Star 2021


Law360