Robert Malionek, a partner in the Complex Commercial Litigation, Employment 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, a wide range of employment litigation matters, and professional liability matters for both accounting firms and law firms.
Mr. Malionek’s practice includes 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. Licensed in both New York and California, Mr. Malionek has handled numerous federal and state discrimination and wage-and-hour class actions, among other employment litigations. 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
- Employment matters
- 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, M&A litigation, 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. In May 2021, he was featured in a Bloomberg Law article related to SPAC litigation.
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.
Upcoming Panelist, “Attorneys as Whistleblowers,” ABA (June 2021)
Speaker, “SPAC-related Litigation Risks and Mitigation Strategies,” Latham & Watkins (May 2021)
Speaker, “Current Topics in Professional Ethics Impacting Accountants and Attorneys,” Practicing Law Institute (PLI) (May 2021)
Speaker, “COVID-19 Pandemic-Related Compliance, Financial Reporting & SEC Enforcement Considerations,” Securities Docket (June 2020)
Speaker, “In-House and in Compliance: Key Ethics Issues for In-House Lawyers,” Lawdition (February 2019)
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
- Safeco in an employment class action involving alleged improper classification of exempt employees. Both plaintiffs’ claims were dismissed and their motion to pursue a class action was denied.
- An insurance company in the defense of a nationwide opt-in class action alleging misclassification of adjusters. The court granted Latham’s motion for summary judgement and was affirmed on appeal.
- City of Hope in the successful defense of a wrongful termination claim filed by a former employee alleging retaliatory termination.
- City of Hope in the successful defense of an employment suit alleging race, national origin, and disability discrimination.
- The Big 4 accounting firms in securing dismissal of a statewide wage-and-hour class action brought by manager-level auditors.
- A US state in an adverse impact lawsuit brought by the US Department of Justice (DOJ) challenging the state's hiring practices for State Troopers.
- A US city in the successful defense of an employment class action brought by the DOJ challenging the City's police officer and firefighter hiring practices.
- A financial services firm in an employment dispute with several of its founding partners.
- A US city in the successful defense of an employment suit brought by the DOJ against the police and fire departments alleging a pattern of discrimination in hiring and employment.
- An executive of a New Jersey company in the defense of sex discrimination and sexual harassment claims.
- 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
- Serving as general counsel to the Legal Services Corporation’s Disaster Task Force, revamping the way in which pro bono organizations, governments, state court systems, aid agencies, and private businesses can collaborate to deliver effective legal services to those most in need following a natural disaster