Robert J. Malionek

New York
  • 885 Third Avenue
  • New York, NY 10022-4834
  • USA

Robert Malionek, a partner in the Complex Commercial Litigation and Securities Litigation & Professional Liability Practices, brings more than two decades of experience and insight to clients navigating financial litigation, creditors’ rights, bankruptcy, securities fraud, and professional liability matters.

Mr. Malionek largely focuses his practice on complex financial and deal-related litigation for financial institutions, creditors, and lender groups. He represents issuers, underwriters, and accounting and law firms in matters involving securities litigation, financial reporting obligations, financial fraud, and other professional liability issues, as well as both debtor-side and creditor-side insolvency litigation. Mr. Malionek has represented clients in several bench and jury trials in state and federal courts across the country, and has handled arbitrations and appeals in a variety of areas. He also counsels clients and the firm on issues of ethics, privilege, and professional responsibility.

Mr. Malionek advises clients on:

  • Accountants’ and professional liability matters
  • Financial fraud claims
  • Fraudulent transfer claims
  • Insolvency and restructuring-related litigation
  • Internal investigations
  • Lender liability and credit disputes
  • Securities class actions
  • Trade secret disputes

Mr. Malionek is a longtime member of the firm’s Ethics Committee and serves on the Ethics and Professional Responsibility Committees of the New York County Lawyers’ Association and New York City Bar.

Mr. Malionek has led dozens of presentations and written more than 50 articles on issues of securities litigation, financial disputes, and bankruptcy and workout litigation, as well as attorney-client privilege and ethics, for publications such as the New York Law Journal, The Lawyer, Harvard Law School Forum, and Compliance Week.

Prior to joining Latham, Mr. Malionek served as a clerk to Judge Ruggero J. Aldisert on the US Court of Appeals for the Third Circuit.

Mr. Malionek’s experience includes representing:

Complex Commercial Litigation
  • Clients in various complex litigation matters, including suits involving fraud, Racketeer Influenced and Corrupt Organizations Act (RICO), trade secrets, malpractice, business disputes, lender liability, class actions, unfair competition, hiring practices, fraudulent transfer, derivative contracts, private equity, and hedge funds
Securities Litigation & Professional Liability
  • All Big 4 accounting firms in class actions and arbitrations, including one firm in hundreds of tax shelter matters, some through binding arbitration
  • Mecox Lane in the dismissal and Second Circuit affirmance of section 11 claims stemming from the IPO of a Chinese online retailer
  • Ernst & Young in securing Daubert and summary judgment victories, and Tenth Circuit affirmance, in a Private Securities Litigation Reform Act (PSLRA) class action arising out of a US$3 billion impairment by Williams Communications Group
  • Financial institutions in disputes with borrowers, and in securities regulatory and internal investigations
  • Law firms in malpractice claims as well as aiding and abetting fraudulent activity by clients
Creditors Rights, Financial Disputes & Bankruptcy Litigation
  • GE Capital in dismissals and appellate victories in several civil conspiracy claims arising out of the Petters Ponzi activity
  • Wilmington Trust and bank syndicates through various cramdown plan confirmation trials in a range of industries
  • A major financial institution as indenture trustee in obtaining injunctive relief against a bond issuer to install significant controls over a casino’s operations to protect bondholders’ collateral
  • A major financial institution as administrative agent in successfully bringing fraudulent transfer claims against the former owner of a Major League Baseball franchise
  • Spansion as bankruptcy debtor in defeating a motion to appoint an equity committee, and through plan confirmation trial
Pro Bono
  • Asylum seeker Jose Linares in securing two reversals by the Second Circuit of the Board of Immigration Appeals’ claim denials (after having been appointed by the Second Circuit to represent Mr. Linares)
  • A class of tenants in a suit against an LA slumlord, successfully appointing a receiver to deliver safe housing
  • A class of New York minors in an Administrative Procedure Act claim against a federal policy denying Special Immigrant Juvenile Status based on New York Family Court guardianship orders for those over 18
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