K. Mallory Brennan

Overview

K. Mallory Brennan is a partner in the Litigation practice.

She focuses on representing global financial institutions and corporations in mergers and acquisitions litigation and transactional disputes, securities litigation, and other complex commercial disputes, including bankruptcy and antitrust actions. She also has experience counseling multinational corporations in connection with both internal and regulatory investigations.

Mallory has been ranked by Chambers USA in 2022 for securities litigation. In 2018, 2019, and 2020 Mallory was named to the Benchmark Litigation 40 & Under Hot List, and in each of 2017, 2018, 2019, 2020, and 2021 Mallory was recognized by The Legal 500 as a “Next Generation Lawyer” for M&A Litigation Defense. She has also been named a “Rising Star” by the New York Law Journal and the Euromoney Legal Media Group.

Experience

M&A Litigation

Represent corporates in M&A transactions on both the buy-side and sell-side, as well as financial institutions advising on M&A transactions, including in shareholder class actions, busted deals, post-transaction disputes, and regulatory inquiries:
- Pattern Energy Group in litigation arising out of its acquisition by CPPIB
- A large investment bank in connection with a Special Litigation Committee investigation into defense advisory services to a client facing an activist investor campaign
- A large private equity oil & gas investor in midstream assets in a dispute with LLC co-owners
- Raytheon in the United Technologies merger
- Goldman Sachs in litigation arising out of the sale of Saks Fifth Avenue
- A midstream oil & gas company in a post-closing earnout dispute
- LyondellBasell in the A. Schulman acquisition
- Liberty Global in connection with litigation arising out of the Liberty Broadband acquisition of Charter Communications
- Capital Square Partners in the Aegis/Startek acquisition
- CVS in the Aetna acquisition
- Altice in the Cablevision acquisition
- Dassault in the Exa acquisition
- WebMD Health Corporation in its acquisition by Internet Brands, a portfolio company of Kohlberg Kravis Roberts & Co. L.P. (KKR)
- Pall in its acquisition by Danaher
- Daimler AG in connection with various Chrysler-related post-demerger litigations and disputes
- Huntsman Corp. in a merger dispute with Hexion Chemicals Corp.
- Merrill Lynch in connection with shareholder litigation arising out of its merger with Bank of America
- BCE Inc. against former subsidiary of Teleglobe Inc.

Securities-Related Litigation

Altice USA and related entities and individuals in securities litigation arising out of IPO
Jefferies in litigation arising out of deSPAC transaction of Waitr, Inc.
Altice USA in derivative litigation challenging certain corporate compensation decisions
Orbital ATK in securities litigation arising out of financial restatement
Underwriting syndicates, including clients such as Bank of America, Citigroup, Merrill Lynch, Credit Suisse and dozens of others, in separate securities class actions arising out of recent stock offerings of companies such as ZTO Express and Arconic
Countrywide and related entities in ongoing institutional RMBS purchaser actions filed in state and federal courts across the United States by institutional plaintiffs such as federal home loan banks, mutual and hedge funds, insurance companies and regional banks
Barclays in the FHLBS RMBS litigation
Countrywide with respect to litigation concerning CDOs
Todd Newman, former portfolio manager at Diamondback Capital, in connection with the reversal of his insider trading conviction

White-Collar and Regulatory Investigations

Experience in conducting internal investigations into corporate governance irregularities, insider trading, FCPA violations, and other regulatory matters
- A major international financial institution in an internal investigation into mutual fund investment irregularities at a Mexican subsidiary, including potential insider trading and related internal governance issues
- An international engineering and construction company in a criminal investigation by the United States Department of Justice for possible FCPA violations
- Former executives of the South American subsidiary of a multinational company in connection with an FCPA investigation and a potential criminal investigation by local authorities
- Employee of foreign automotive manufacturer in connection with investigation by U.S. authorities into potential regulatory, criminal, and antitrust violations

Antitrust Litigation

Experience representing financial institutions and corporations in benchmarking class actions and other antitrust litigation
- A defense intelligence contractor in a no-poach antitrust class action
- A financial institution in the Mexican Government Bonds antitrust class action
- A financial institution in the ISDAFIX antitrust class action
- A financial institution in a class action asserting violations of the Commodity Exchange Act and antitrust laws related to Yen LIBOR and TIBOR
- A major European cargo airline in a criminal price-fixing cartel investigation and the follow-on federal class action lawsuit and related opt-out actions alleging a conspiracy to fix the prices of air cargo

Additional Complex Commercial Experience

Citigroup in a class action concerning purported misconduct in Mexico
Shorenstein Properties in connection with a commercial property dispute
Deutsche Bank in a foreclosure litigation in connection with a distressed hotel property