Mary Gabriel

Mary Gabriel is a seasoned litigator with broad-based experience in complex commercial litigation in New Jersey and New York courts, combined with a track record of securing favorable results for clients in high-stakes disputes. Mary’s clients have described her as “smart, creative and tireless,” and an advocate “with great instincts.”

Mary Gabriel practices in the federal and state courts of New York and New Jersey as well as various dispute resolution venues. She focuses on commercial and securities litigation, representing clients in complex contractual disputes, breach of fiduciary duty, professional negligence, securities fraud, RICO, antitrust, and shareholder oppression actions.

Mary serves as a trusted advisor and outside general counsel to clients ranging from individuals to Fortune 500 companies in the life sciences, financial services, and insurance industries. She leverages her litigation experience in private practice and as a former Assistant County Counsel to offer her clients practical risk assessments and innovative solutions in connection with a variety of business transactions.

Mary serves on McCarter’s Professional Personnel Committee, and has taken a leading role in the firm’s recruiting and professional development efforts. She is also a director and officer of several New Jersey-based non-profit organizations.

Defended professional sports team and team executives in a high profile New Jersey state court litigation alleging a wide-ranging conspiracy among members of the organization to defraud memorabilia collectors by creating fake “game-worn” helmets and jerseys. Secured the dismissal, with prejudice, of nearly all of the 18 claims asserted against our clients, positioning them for an extremely favorable settlement that resolved the plaintiffs’ few surviving causes of action.

Successfully defended a construction company against various claims, including violation of the New Jersey Consumer Fraud Act, breach of contract, theft, and unjust enrichment on grounds of preclusion. The District Court granted our motion to dismiss and the decision was affirmed by the Third Circuit.

Defended a top national bank against securities fraud claims filed in New Jersey federal court by an investor; secured dismissal of all claims at the pleading stage on a motion to dismiss.

Securing a multimillion-dollar award for a major chemical company in a binding arbitration arising from a chemical supply contract, successfully defeating claims in excess of $30 million, and prevailing on a counterclaim of approximately $10 million.

Represented a commercial solid waste hauler against Sherman Act claims of predatory pricing and attempted monopolization brought by competitors in the Southern District of New York; we secured dismissal of all claims on summary judgment.

Defended a Swiss investment management firm and its principal in a SEC investigation and civil claims arising from the liquidation of three hedge funds managed by our clients; we favorably settled both matters with no admission of wrongdoing by our clients.