Practices

Brian Maloney is a partner in the Litigation & Investigations Group. Brian is a commercial litigator with significant experience across a wide range of sectors, including banking, maritime, and securities. He also represents clients in matters involving civil and criminal enforcement inquiries and regulatory investigations. He has written and spoken extensively in connection with his shipping litigation work, which includes, among other matters, the ongoing coordination of U.S. actions arising out of the collapse of O.W. Bunker & Trading A/S and its affiliates around the world on behalf of the secured lender to those entities. He regularly advises clients on matters relating to economic sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), and co-authored Lexology’s Getting the Deal Through: Sanctions 2023 – USA chapter surveying sanctions laws and regulations in the United States. Brian is also a contributor to Seward & Kissel’s Maritime Blog, as well as the Marshall Islands Law Blog.

Brian received an A.B. degree (cum laude) from Dartmouth College and a J.D. degree (cum laude) from Boston College Law School. He is a member of the Maritime Law Association of the United States, as well as the ABA, the NYC Bar Association, New York County Lawyers’ Association and the Dartmouth Lawyers’ Association.

 

Representative Experience

Notable matters include:

  • Represented international financial institution in successfully seeking and obtaining a specific license authorizing payment in connection with a documentary letter of credit from the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC).
  • Representing secured lender in complex civil litigation arising out of collapse of the O.W. Bunker Group, a global provider of marine fuel. Litigation has proceeded in the district courts and on appeal in the Second, Fifth, Ninth and Eleventh Circuits.
  • Obtained summary judgment for vessel owner and affirmance on appeal dismissing alter-ego / corporate veil-piercing and successor liability claims in two Rule B vessel attachment proceedings.
  • Played a key role in obtaining the largest dollar-value arbitration in the history of the Society of Maritime Arbitrators on behalf of commodity exporter.
  • Resolved SEC investigation concerning sufficiency of broker-dealer compliance policies and procedures to prevent the misuse of material, nonpublic information.
  • Litigated five-week trial before SEC administrative law judge concerning scope of a registered representative’s duty to investigate private placement offerings of securities.
  • Represented Brazilian national in DOJ FCPA investigation of bribes paid in connection with an airplane maintenance contract with a foreign government.

As part of the Firm’s pro bono program, Brian has represented several indigent defendants in federal criminal proceedings via matters referred by the Criminal Justice Act panel in the Southern District of New York, as well as family law and immigration proceedings via the Firm’s partnership with Her Justice.

Publications
Recognition

Brian has been recognized annually as a ‘Rising Star’ in the 2014-2018 editions of New York Metro Super Lawyers. He was named a “2021 Litigation Trailblazer” by the National Law Journal, one of only 25 attorneys recognized nationally. The Legal 500 U.S. 2022 has also designated Brian as a “Rising Star” for his work in Transport: Shipping – Litigation and Regulation. In 2022 he was elected a Fellow of the American Bar Foundation.