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Margaret Dale is a Partner in the Litigation Department and is resident in the New York office. Her practice focuses on commercial litigation, privacy and data security, securities litigation and enforcement, and white collar criminal defense and investigations.

Margaret has successfully litigated complex cases for a long list of notable corporate clients, including Ares Capital, BNY Mellon, Bouygues Telecom, Bristol-Myers Squibb, Celgene, FIFA, MoMA, PepsiCo, and Pershing.

Recent examples of Margaret’s cases include:

  • Celgene Corporation in a shareholder litigation resulting from the acquisition of Abraxis BioScience
  • Obtained the dismissal of litigation against MoMA brought by the heirs of a deceased German artist for restitution of artwork. Grosz v. MoMA, 2010 WL88003 (S.D.N.Y. Jan. 6, 2010)
  • Obtained the dismissal of two putative class action lawsuits against BNY Mellon brought by consumers whose personally identifiable information was allegedly contained on lost computer back-up tapes. McLoughlin v. People’s United Bank, Inc. and Bank of New York Mellon, Inc., 2009 WL 2843269 (D. Conn., Aug. 31, 2009) and Hammond v. The Bank of New York Mellon Corp., 2010 WL 2643307 (S.D.N.Y., June 25, 2010)
  • Successfully defended Pershing and BNY Mellon in an action that arose from alleged inadequate data security measures relating to a proprietary online platform. Zeldman v. Pershing LLC and The Bank of New York Mellon Corp., 09-cv-22609 (S.D. Fla. Aug. 20, 2010) (unpublished)
  • Ares Capital in a shareholder litigation in connection with its acquisition of Allied Capital
  • Bench trial on behalf of The Hertz Corporation involving a commercial sublease in Manhattan, including a claim of constructive eviction
  • Hatch-Waxman patent infringement trial and subsequent proceedings on behalf of Andrx Pharmaceuticals, a subsidiary of Watson Pharmaceuticals, including appeal to Federal Circuit
  • Obtained dismissal of FIFA in state court litigation based on claims of misappropriation of mascot and media concepts
  • Bouygues Telecom (third-largest French cell phone carrier) as plaintiff in an $80 million federal action against U.S. telecom equipment manufacturer regarding network outage, which settled after jury selection

Margaret is an author of the chapter titled “Recognition & Enforcement of Judgments” in Proskauer on International Litigation and Arbitration, a comprehensive e-book collecting Proskauer’s practical and strategic experience advising and representing clients in international commercial and regulatory matters, and she regularly updates the chapter titled “Admissibility Issues in Commercial Cases” in the treatise Commercial Litigation in New York State Courts.

Margaret also maintains an active pro bono practice, and is currently working on a number of projects including assisting the New York Center for Juvenile Justice, which seeks to promote a realistic model of justice for minors that treats children as children, and responds to their misconduct with strategies designed to improve their chances of becoming constructive members of society. She also proudly serves on the Board of Directors of the Center for Family Representation, a not-for-profit corporation, whose mission is to enable families to live together safely, and to keep children out of foster care.

© 2012 Proskauer Rose LLP. All Rights Reserved.