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. Molly is a member of the firm’s securities and transactional litigation practice and class action litigation defense groups. Molly 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. Molly represents clients in numerous industries including energy, healthcare, digital health, technology, and financial services.
Investment Company and Securities Litigation
Molly’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
Molly’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. Molly 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.
Prior to joining the firm, Molly was a law clerk for the Honorable Mary Anne Mason in the Chancery Division of the Circuit Court of Cook County, Illinois
- Crain’s Chicago Business “Notable Gen X Leaders in Accounting, Consulting, and Law” in 2021
- Selected as a Leading Lawyer by Leading Lawyers in 2021 & 2022
- Certified Information Privacy Professional/United States (CIPP/US)
- Selected as Leading Lawyer in Commercial Litigation by Law Bulletin Media, 2017, 2018, 2019 & 2020
- Selected as an Emerging Lawyer in Commercial Litigation by Law Bulletin Media, 2017, 2016, & 2015
- Molly currently serves as the Pro Bono Coordinator of the Chicago office and as a member of the Firmwide Pro Bono Committee.
- Molly 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.
- Molly is a member of the Global Advisory Board for Women In Law Empowerment Forum (“WILEF”) and serves as Co-Chair of WILEF Chicago.
- “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
- "Delaware Supreme Court Adopts a New “Universal” Test for Establishing Demand Futility," Insights Volume 35, page 23, November 2021
- “Biometric Privacy: It’s Not Just an Illinois Issue,” Best Lawyers, 1 October 2020
- “What You Need to Know About COVID and Biometric Privacy,” Industry Today, June 19, 2020
- “New Jersey Eyes Regulation of Biometric Data,” New Jersey Law Journal, 27 June 2019
- “Why False Advertising Claims Need To Be More Specific,” Law360, 4 December 2015
- “An Important Reading of High Court’s Advisory Fee Opinion,” Law360, 28 August 2015
- Mentioned, Crain’s 2021 Notable Gen X Leaders in Accounting, Consulting and Law, CrainsChicagoBusiness.com, 19 November 2021