Margaret Dale is a Partner in the Litigation Department, 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. She is also co-head of the firm's eDiscovery Practice Group. In that role, she regularly consults on issues relating to eDiscovery, including the timing of and need for litigation holds, developing discovery plans, and managing and defending those plans.
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 representations include:
Preferred stockholder in Delaware Chancery Court in a breach of voting rights case
Celgene Corporation in a shareholder litigation resulting from the acquisition of Abraxis BioScience
The Museum of Modern Art (MoMA), obtaining the dismissal of litigation 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)
BNY Mellon, obtaining the dismissal of two putative class action lawsuits 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)
Pershing and BNY Mellon, successfully defending 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 Aug. 20, 2010) (unpublished)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 concerning its acquisition of Allied Capital
The Hertz Corporation in a bench trial involving a commercial sublease in Manhattan, including a claim of constructive eviction
Andrx Pharmaceuticals, a subsidiary of Watson Pharmaceuticals in the Hatch-Waxman patent infringement trial and subsequent proceedings,including an appeal to Federal Circuit.
FIFA, obtaining dismissal of state court litigation based on claims of misappropriation of mascot and media concepts
Bouygues Telecom, the 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.