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Molly K. McGinley

Fax +1.312.345.9060

Molly K. McGinley concentrates her practice at K&L Gates in commercial litigation with a focus on complex litigation, including investment company litigation, securities litigation and consumer class action defense. Ms. McGinley is a member of the firm’s securities and transactional litigation practice and class action litigation defense groups. Ms. McGinley has litigated in numerous state and federal jurisdictions, representing a broad range of clients, including small companies, Fortune 500 Companies and investment advisers. She has handled various commercial disputes, including contract and business tort litigation and internal investigations.

Investment Company and Securities Litigation
Ms. McGinley’s investment company litigation experience includes representing investment advisers and independent trustees in class actions, derivative lawsuits, and actions brought pursuant to Section 36(b) of the Investment Company Act of 1940. She also has represented publicly held corporations and corporate officers and directors in securities derivative and class action lawsuits.

Consumer Class Action Defense
Ms. McGinley’s consumer class action defense experience includes litigating numerous Telephone Consumer Protection Act (“TCPA”) claims in various jurisdictions and advising clients with respect to ongoing TCPA compliance. She also is a leader of the firm’s biometric data compliance and defense affinity group and has advised clients with respect to putative class action litigation under the Illinois Biometric Information Privacy Act (“BIPA”) and compliance with BIPA. Ms. McGinley also has defended products manufacturers in consumer fraud lawsuits, involving claims under various state consumer fraud statutes, breach of implied and express warranty claims and unjust enrichment claims.

Professional Background

Prior to joining the firm, Ms. McGinley was a law clerk for the Honorable Mary Anne Mason in the Chancery Division of the Circuit Court of Cook County, Illinois


  • Certified Information Privacy Professional/United States (CIPP/US)
  • Selected as Leading Lawyer in Commercial Litigation by Law Bulletin Media, 2017 & 2018
  • Selected as an Emerging Lawyer in Commercial Litigation by Law Bulletin Media, 2017, 2016, & 2015 

Professional/Civic Activities

  • Ms. McGinley currently serves as the Pro Bono Coordinator of the Chicago office and as a member of the Firmwide Pro Bono Committee.
  • Ms. McGinley is involved in the Firm’s Women in the Profession Group and helped create the Chicago Mastermind Program, an initiative aimed at supporting the business and professional development goals of lawyers.
  • Ms. McGinley is a member of the Global Advisory Board for Women In Law Empowerment Forum (“WILEF”) and serves as Co-Chair of WILEF Chicago.

Speaking Engagements

  • “Developments in Investment Management Litigation,” K&L Gates 2018 Investment Management Conference, November 2018
  • “Shifting the Data Breach Paradigm,” National Association of Women Lawyers (“NAWL”) Mid-Year Meeting, March 1, 2018
  • “General Data Protection Regulation and Biometric Privacy Laws: Panic is Not A Compliance Requirement.” A GC’s Primer on Privacy and Cybersecurity, January 17, 2018
  • “Developments in Investment Management Litigation,” K&L Gates 2018 Investment Management Conference, January 2018
  • “Biometric Information Processing: Are the Rewards Worth the Risks?” International Association of Privacy Professionals (“IAPP”) Web Conference, December 21, 2017
  • “Biometric Data Risks,” K&L Gates Webinar, December 2017
  • “Developments in Investment Management Litigation,” K&L Gates 2017 Investment Management Conference, January 2017
  • “Developments Under the Telephone Consumer Protection Act,” K&L Gates Webinar, September 2016
  • “Developments in Investment Management Litigation,” K&L Gates 2015 Investment Management Conference, October 2015
  • “Developments in Investment Management Litigation,” K&L Gates 2014 Investment Management Conference, October 2014
  • “Stop Before You Hit ‘Send’!: The Risks of Using Fax, Email or Telephone to Transmit Unsolicited Commercial Messages,” Client-Sponsored National Teleconference Series, June 2012
  • “Dispute Resolution in the United States,” Presentation to Foreign In-House Counsel, November 2008
  • Defended investment advisers in lawsuits brought pursuant to Section 36(b) of the Investment Company Act in which the plaintiffs alleged that advisory fees were excessive.
  • Defending several clients in putative class action lawsuits brought under the Illinois Biometric Information Privacy Act and advising clients with respect to ongoing compliance with biometric privacy laws.
  • Defended several clients in nationwide Telephone Consumer Protection Act class actions and individual lawsuits, involving unsolicited fax and unwanted telemarketing calls.
  • Defended the independent trustees of statutory trust and closed-end investment company registered under the Investment Company Act of 1940 in a putative class action lawsuit alleging a loss in the value of the putative class members’ investment in the fund’s common shares.
  • Represented a publicly traded company and members of the board of directors of the company in shareholder derivative and putative securities class action lawsuits.
  • Represented a special committee of independent directors in an internal investigation regarding financial transactions.
  • Represented auto parts manufacturer in consumer fraud act class action involving statements on its packaging and in marketing materials.
  • Represented an international packaging company in the negotiation of settlement of dispute regarding asset purchase agreement and agreement governing development of new packaging products.
  • Defended an auto parts manufacturer in litigation regarding long-term supply contracts disputes with other parts suppliers.
  • Represented electronic traders in arbitration before the Chicago Board Options Exchange.
  • Assisted in the representation of a buying entity in litigation involving contractual dispute over acquisition, environmental remediation and development of commercial property.