Gary J. Malone is a partner in the law firm of Constantine Cannon. Mr. Malone is a seasoned trial lawyer who also has extensive experience in the areas of antitrust litigation and counseling, securities law, general commercial litigation and appeals.
A member of the New York State Bar, Mr. Malone has been the lead trial counsel in federal and state court and New York Stock Exchange proceedings. Mr. Malone has briefed and argued appeals in antitrust cases and other complex commercial litigation in the United States Courts of Appeals for the Second, Sixth and Ninth Circuits, the New York State Court of Appeals and other New York appellate courts.
As a partner at Constantine Cannon since 1997, Mr. Malone has been a lead trial attorney in trials that have resulted in major victories in favor of the firm’s clients. Mr. Malone’s trials include representing the plaintiffs in Seton Company v. Lear Corporation, a commercial contract dispute that resulted in the firm’s client recovering more than $36 million, one of the top 50 jury verdicts of the year, and Rosenthal v. Sonnenschein Nath & Rosenthal, an employment contract dispute that resulted in a jury verdict for the firm’s client.
Mr. Malone’s successful litigations include several significant antitrust cases, involving a variety of major industries, including cable television and internet services markets. These matters have included representing the plaintiffs in Bartholdi Cable Company, Inc. v. Time Warner Inc., an antitrust action alleging monopolistic abuses in cable television markets in New York City, and Kesmai Corporation v. America Online, Inc., an antitrust action that involved alleged monopolization of various online markets. Both of these cases were settled on the eve of trial.
In addition to his expertise in antitrust litigation, Mr. Malone also has substantial experience generally in complex commercial litigation, including matters involving contract disputes, securities fraud, accounting fraud, corporate mismanagement, employment disputes, grand jury proceedings and internal investigations.
Mr. Malone has also represented clients in agency and regulatory enforcement proceedings. Prior to joining Constantine Cannon, Mr. Malone was a Trial Counsel in the Division of Enforcement of the New York Stock Exchange (1995-97), an Assistant Attorney General in the Antitrust Bureau of the New York State Attorney General’s Office (1988-95) and an associate in the litigation department of the law firm of Willkie Farr & Gallagher in New York City (1982-88).
Among Mr. Malone’s accomplishments was his successful argument in the New York State Court of Appeals in People v. Rattenni, a leading case on construction of state antitrust law. Mr. Malone was also a co-author of the successful brief to the United States Supreme Court in Hartford Fire Insurance Co. v. California, which dealt with insurers’ immunity from antitrust regulation. As an Assistant Attorney General, Mr. Malone played a leading role in New York State’s efforts to prosecute abuses in the carting industry on Long Island and in Westchester County, and obtained multi-million dollar settlements for New York State and its municipalities in antitrust actions. Mr. Malone also successfully prosecuted cases jointly with other state and federal antitrust prosecutors.
Mr. Malone’s professional activities have included serving as a member of the Executive Committee of the New York State Bar Association’s Antitrust Law Section and serving as Chair of the Antitrust Law Section’s International Trade Committee (1990-95). Mr. Malone has both written on the topics of accounting fraud and internal investigations and lectured on those subjects in Continuing Legal Education courses. Mr. Malone is also the author of sample antitrust jury instructions in Antitrust Law in New York State (1995).
Mr. Malone belongs to the American and New York State Bar Associations and is a member of the Antitrust Section of each organization. He is also a member of the bars of the State of New York, the federal district courts for the Southern and Eastern Districts of New York, the United States Courts of Appeals for the Second, Sixth and Ninth Circuits, and the United States Supreme Court.
In 2004 Mr. Malone was elected to the Board of Trustees of the Village of Ardsley. Mr. Malone was reelected in 2006 and 2008. As a trustee of Ardsley, Mr. Malone is one of the five elected officials who govern that municipality in Westchester County, New York.
Mr. Malone graduated from Boalt Hall School of Law, University of California at Berkeley, in 1982, and from the State University of New York at Oneonta, magna cum laude, in 1974.
Mr. Malone is admitted in New York; the U.S. Supreme Court; U.S. Tax Court; the U.S. Court of Appeals for the Second Circuit; and the U.S. District Courts for the Eastern and Southern Districts of New York.