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Molly K. McGinley

Advise client in energy industry with respect to regulatory issues relating to telemarketing.
Advise client in energy sector with respect TCPA due diligence issues in connection with potential acquisition of target company.
Advises major retail energy company with respect to TCPA and state law telemarketing class actions and individual lawsuits in various jurisdictions throughout the country.
Defend point of care diagnostics company in complex securities class action asserting claims  under Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”), Rule 10b-5 thereunder, and Section 20(a) of the Exchange Act and Sections 11, 12(a)(2) and 15 of the Securities Act of 1933 relating to public offering
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.
On behalf of a healthcare client, obtained summary judgment in a Telephone Consumer Protection Act case and successfully argued before the United States Court of Appeals for the Eighth Circuit
Advise healthcare clients with respect to TCPA compliance for text messaging campaigns

Advise clients with respect to email marketing compliance, including compliance with CAN-SPAM Act.

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 special committee of independent directors in an internal investigation regarding financial transactions

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 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.

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