Overview
Molly McGinley is a litigation attorney concentrating her practice in commercial litigation with a focus on complex litigation, including class action defense and derivative litigation. She represents a broad range of clients ranging from small private companies to global public companies in a variety of industries, including energy, healthcare, digital health, technology, automotive, food and beverage and financial services. Molly's class action experience includes representing clients nationally in actions under the Telephone Consumer Protection Act (“TCPA”) and other similar state laws, the Illinois Biometric Information Privacy Act and consumer fraud statutes. In addition to her litigation work, Molly frequently advises clients with respect to compliance with telemarketing and biometric privacy laws. Molly also has experience representing publicly held corporations in complex securities derivative and class action lawsuits in various jurisdictions. Molly’s recent thought leadership includes speaking and writing on various topics including biometric privacy, telemarketing regulation and Environmental, Social and Governance (“ESG”) class action securities litigation.
Molly holds a Certified Information Privacy Professional/United States (CIPP/US) credential given by the International Association of Privacy Professionals (IAPP).
Services
Practice Areas
Experience
Representative Matters
Litigation
- Obtaining summary judgment in favor of healthcare client in putative class action under the TCPA and successfully arguing before the U.S. Court of Appeals for the Eighth Circuit.
- Defending client in putative BIPA class action, dubbed a BIPA case that “Moved The Needle In 2020,” involving issues of first impression on before the U.S. Court of Appeals for the Seventh Circuit.
- Obtaining dismissal with prejudice of class action complaint alleging consumer fraud and breach of warranty claims against retailer in the U.S. District Court for the Northern District of Illinois.
- Defending auto parts manufacturer in consumer fraud act class action involving statements appearing on packaging and in marking materials.
- Defending clients in securities class actions asserting claims under the Securities Exchange Act of 1934 and the Securities Act of 1933.
- Defending auto parts manufacturer in litigation regarding long-term supply contracts disputes with other parts suppliers.
Product Liability
- Defending a Fortune 500 automotive parts manufacturer in connection with putative class action in the U.S. District Court for the Middle District of Florida, alleging breach of warranty and consumer fraud act claims concerning representations on product packaging and advertising materials.
- Defending discount variety retail stores in a putative class action in the U.S. District Court for the Northern District of Illinois alleging breach of warranty and consumer fraud act claims concerning representations about the content of product sold in their stores.
- Defending pharmaceutical development company and a retail distributor in connection with putative class action in the U.S. District Court for the Northern District of Illinois alleging breach of warranty and consumer fraud act claims concerning purported misrepresentations on product packaging and advertising materials about effectiveness of nutraceutical.
Prior Experience
- K&L Gates LLP, Partner, 2014-2022; Associate, 2009 - 2014
- Bell, Boyd & Lloyd LLP, Associate, 2006-2009
Clerkships
- Honorable Mary Anne Mason, Chancery Division, Circuit Court of Cook County, Illinois, Law Clerk, August 2005 - August 2006
Credentials
Education
- cum laude
- Loyola University Chicago Law Journal, Editor-in-Chief
Admissions
- Illinois
Court Admissions
- U.S. Supreme Court
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Eastern District of Wisconsin
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Northern District of Ohio
- U.S. District Court for the Eastern District of Michigan
Certifications
- Certified Information Privacy Professional/United States (CIPP/US), International Association of Privacy Professionals (IAPP)
Recognition
Awards
Crain’s Chicago Business “Notable Gen X Leaders in Accounting, Consulting, and Law,” 2021
Crain’s Chicago Business “Notable Women in Law,” 2020
Law Bulletin Media
- Leading Lawyers, Commercial Litigation, 2017 - 2023
- Emerging Lawyers, Commercial Litigation, 2015 - 2016
Professional & Community Involvement
Big Careers Little Kids, Advisory Board