Margaret A. Dale

Contact

Partner

New York +1.212.969.3315

Margaret Dale is a versatile first-chair litigator and handles complex business disputes for clients across a wide variety of industries.

While her practice covers the spectrum of commercial disputes, Margaret regularly handles privacy and data security matters, including regulatory investigations and class action lawsuits stemming from data breaches. She also focuses on intellectual property, where she represents individual artists and arts-related organizations and museums. Margaret’s practice also includes matters involving securities, corporate governance, asset management, bankruptcy and insolvency.

Margaret maintains an active pro bono practice focusing on issues relating to women, children and veterans. She also serves as Chair of the Board of Directors of the Center for Family Representation, and as a member of the Board of Directors of VLA (Volunteer Lawyers for the Arts).

Matters

Representative Matters:

In a federal jury trial, secured a unanimous defense verdict for FIFA, beating back a breach of contract claim by a purported agent seeking tens of millions of dollars in claimed damages relating to retransmission royalties concerning World Cup broadcasts. Worldwide Subsidy Group, LLC. v. Fédération Internationale de Football Association, 14-cv-00013 (C.D. CA. 2018)
On behalf of Charles Tyrwhitt, a men’s clothing retailer, achieved the complete dismissal of a putative class action lawsuit challenging Tyrwhitt’s use of a third-party intermediary to monitor users’ activities on its website and claiming a violation of the Wiretap Act. Plaintiff’s claims under the Stored Communications Act and New York General Business Law were also dismissed as meritless. Cohen v. Navistone, Inc. and Charles Tyrwhitt, Inc., 17-cv-9389, 2018 WL 3392877 (S.D.N.Y. July 12, 2018)
T-Mobile in connection with the data breach experienced by its vendor, including responding to regulatory inquiries, class action lawsuits and overall management of the breach response as well as litigating a contract disputes with its vendor regarding contractual obligations and indemnification
Successfully defended the Keith Haring Foundation and related entities and individuals in a dispute alleging defamation and other torts as well as antitrust violations in connection with the determination that works of art owned by the plaintiffs were not authentic works by the hand of Keith Haring. Bilinski v. Keith Haring Found., Inc., 96 F. Supp. 3d 35 (S.D.N.Y.), aff'd 2015 U.S. App. LEXIS 20835 (2d Cir. Dec. 2, 2015)
Leucadia National Corporation and its affiliates in a federal class action lawsuit involving claimed violations of RICO and the Fair Debt Collection Practices Act. Sykes et al. v. Mel Harris and Associates, LLC, et al., 09-cv-8486 (S.D.N.Y.)
The Keith Haring Foundation in the successful shut-down of a “pop up” exhibition in Miami where counterfeit works were exhibited. The Keith Haring Foundation v. Colored Thumb Corp., 13-20830 (S.D. Fla.)
Selling shareholders in an escrow dispute with a corporate buyer in Delaware Chancery Court. Shareholder Representative Services LLC v. SuccessFactors Inc., No. 8444-VCN (Del. Ch.)
Pershing LLC in obtaining dismissal of a putative class action alleging inadequate security relating to a proprietary online platform. Katz v. Pershing LLC, 806 F. Supp. 2d 452 (D. Mass. 2011), aff’d 672 F. 3d 64 (1st Cir. 2012)
Preferred stockholder in Delaware Chancery Court in a breach of voting rights case
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, 772 F. Supp. 2d 473 (S.D.N.Y.), aff'd 403 Fed. Appx. 575 (2d Cir. 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)

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Elise Bloom, Lauren Boglivi and Margaret Dale Named Notable Women in Law by Crain’s

Data Breaches: An Expanding Frontier in Securities Class Actions

Proskauer Litigators Recognized in 2019 Benchmark Litigation Guide

Department of Justice Steps Back From All-or-Nothing Approach for Cooperation Credit