Gary J. Malone

Gary J. Malone is a partner in the law firm of Constantine Cannon. Mr. Malone is a seasoned trial lawyer who has extensive experience in the areas of antitrust litigation and counseling, the False Claims Act, the Fair Housing Act, RICO litigation, securities law, general commercial litigation and appeals.

As a partner at Constantine Cannon since 1997, Mr. Malone has been a lead trial and appellate attorney in a wide range of complex commercial litigations that have resulted in major victories in favor of the firm’s clients.

Mr. Malone successfully represented New York State in several related litigations defending its regulation of adult homes to  improve the living conditions of persons with serious mental illness. Mr. Malone successfully defended those regulations in appeals in the U.S. Court of Appeals for the Second Circuit and the New York State Court of Appeals.

Mr. Malone represented the plaintiffs in Seton Company v. Lear Corporation, a manufacturing 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 significant antitrust cases, involving a variety of major industries, including payment card networks and the cable television and internet services markets. These matters have included representing dozens of the nation’s largest merchants suing Visa, Mastercard and major banks for alleged monopolistic practices in payment card markets,  plaintiffs suing Time Warner for alleged monopolistic abuses in cable television markets in New York City, and plaintiffs alleging America Online monopolized various online markets.

Mr. Malone has also represented clients in federal and state 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 that strengthened state antitrust enforcement. Mr. Malone was 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.

From 2004 to 2016 Mr. Malone served on the Board of Trustees of the Village of Ardsley. As a Trustee of Ardsley, Mr. Malone was one of the five elected officials who govern that municipality in Westchester County, New York. From 2011 to 2014, Mr. Malone also served as the Deputy Mayor of Ardsley. Drawing on his experience in local government, in 2026 Mr. Malone authored the Model Resolution Petitioning the U.S. Government to End ICE and CBP Abuses, versions of which have been adopted by multiple municipalities in Westchester County and forwarded to federal and state officials.

Mr. Malone graduated from Berkeley Law School in 1982, and was a recipient of the American Jurisprudence Award in Constitutional Law. He graduated from the State University of New York at Oneonta, magna cum laude, with a degree in political science in 1974. After graduating from college, Mr. Malone was a newspaper reporter in Troy, New York.

Mr. Malone is admitted to the Bars of New York; the U.S. Supreme Court; the U.S. Courts of Appeals for the Second, Sixth and Ninth Circuits; the U.S. Tax Court; and the U.S. District Courts for the Southern and Eastern Districts of New York.