Christopher P. Malloy
Chris Malloy represents corporations and individuals in complex commercial litigation in state and federal courts, including securities class actions and shareholder derivative suits. Mr. Malloy also advises clients on a broad range of litigation and corporate governance matters and has assisted corporate boards and committees in conducting internal investigations relating to accounting, financial and other matters.
Among other matters, Mr. Malloy has extensive experience representing corporations and individual corporate officers and directors in securities class action litigations arising out of the credit crisis.
He also has represented clients, both as plaintiffs and as defendants, in corporate control disputes; commercial real estate litigation, including foreclosures and lender liability disputes; and disputes involving allegations of tortious interference with business relations, breach of contract and breach of fiduciary duty.
Mr. Malloy’s representations have included:
- Merrill Lynch in the litigation and settlement of a class action in the U.S. District Court for the Southern District of New York brought by the Public Employees’ Retirement System of Mississippi alleging that the prospectuses for 85 offerings of mortgage-backed securities contained untrue statements about the credit quality of the underlying subprime and alt-a mortgage loans;
- Bank of America Merrill Lynch in a series of cases brought by certain Federal Home Loan Banks throughout the country claiming that the offering materials for mortgage-backed securities they purchased contained untrue statements or omissions regarding the credit quality of the mortgage loans underlying the securities and the loan origination practices associated with those loans;
- Directors of Toll Brothers, Inc. in a shareholder derivative action filed in the Delaware Court of Chancery seeking disgorgement of profits from the sale of stock;
- Deutsche Bank, as administrative agent, in litigation relating to a $500 million mortgage loan on the site of the former Drake Hotel in New York City;
- HDS Investment Holding, Inc. in the settlement in the Delaware Court of Chancery of a post-closing purchase price adjustment matter in connection with Home Depot’s $8.5 billion sale of HD Supply to a buyout consortium including Bain Capital LLC and The Carlyle Group; and
- American Express in an appeal to the United States Court of Appeals for the Second Circuit that affirmed the dismissal of a class action securities litigation arising from losses suffered on a subsidiary’s high-yield debt investments.
J.D., St. John's University School of Law, 1993 (Editor in Chief, St. John's Law Review)
B.S., Electrical Engineering, State University of New York at Buffalo, 1987
Law Clerk, Hon. Roger J. Miner, United States Court of Appeals for the Second Circuit, 1993-1994
“Developments in Commercial Real Estate Litigation,” Practicing Law Institute, March 29, 2011