Kelley Drye

Attorneys & Professionals 

Michael J. Maloney

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New York
Phone: (212) 808-7706
Fax: (212) 808-7897

Michael Maloney is an associate in the firm's New York office.   Mr. Maloney’s practice focuses on false claims act, real estate, and complex commercial litigation.  Mr. Maloney also has experience counseling and advising clients on healthcare and employment matters.

Mr. Maloney served as a law clerk to the Honorable Justice Bernard J. Fried, Commercial Division of the Supreme Court of the State of New York from 2005-2006.

Representative Experience

Representing defense subcontractor in action brought by a whistleblower under the False Claims Act alleging false claims in connection with changes to a manufacturing process.

Represented not-for-profit corporation in action against subtenant for eviction.  Obtained favorable ruling on subtenant’s motion to dismiss.  Engaged in negotiations with landlord and subtenant, resulting in a favorable settlement.

Represented two pharmaceutical manufacturers in litigations brought by the Department of Justice and the attorneys general of several states alleging, among other things, violations of state and federal false claims acts, violations of consumer protection statutes and common law fraud in connection with the pricing and marketing of prescription pharmaceuticals and the Medicaid and Medicare programs.

Represented home health care agency in connection with self-disclosure to the New York State Office of Medicaid Inspector General relating to the eligibility of a Medicaid recipient.  Obtained a decision of non-responsibility for the client.

Represented a clearing bank in an chapter 11 adversary proceeding alleging fraudulent and preferential transfers relating to collateral calls in connection with tri-party repurchase agreements and derivatives contracts.

Assisted a U.S.-based vintner in bringing arbitration proceedings against a French company for breach of a joint venture agreement.

Memberships & Associations

New York State Bar Association

Professional Activities

Visiting Professor, Universidad de Montevideo, Montevideo, Uruguay, April-May 2011.  Taught two-week English language seminar on U.S. contract law and tort law.

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Publications
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May 1, 2011

From Botulism to Litigation (False Claims Act)

Risk & Insurance