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Mary Gabriel
Alternate image for Mary Gabriel

Mary Gabriel

Partner

973.639.7997
Newark
mgabriel@mccarter.com

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.

Representative Matters

Professional sports team—Successful litigation defense

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.

Construction Company – Third Circuit Appellate Win

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.

National bank—Securities fraud

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. 

Chemical company—Multimillion-dollar award

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.

Solid waste hauler—Dismissal of Sherman Act Claims

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.

Investment management firm—SEC investigation

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. 

Highlights

Recognitions

New Jersey Rising Star, Super Lawyers, 2011–2020
New Jersey Rising Star, Super Lawyers, 2011–2020
Mentor Professional Excellence Award, <em>New Jersey Law Journal</em>, 2020
Mentor Professional Excellence Award, New Jersey Law Journal, 2020
New Leader of the Bar, <em>New Jersey Law Journal</em>, 2016
New Leader of the Bar, New Jersey Law Journal, 2016

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Services

Business Litigation
E-Discovery & Records Management
Government Investigations & White Collar Defense
Class Action & Multidistrict Litigation
Sports & Entertainment

Education

Fordham University School of Law JD, 2005
Rutgers University BA, 2002
  • General Honors Program

Bar Admissions

New Jersey
New York

Court Admissions

U.S. District CourtDistrict of New JerseyU.S. District CourtSouthern District of New YorkU.S. Court of AppealsThird Circuit

Memberships & Affiliations

American Bar Association

New Jersey State Bar Association

Media item displaying Mary Gabriel, Natalie Mantell, and Venture Capital & Emerging Growth Practice Recognized by New Jersey Law Journal
News|Recognition
Mary Gabriel, Natalie Mantell, and Venture Capital & Emerging Growth Practice Recognized by New Jersey Law Journal
New Jersey Law Journal
6.9.2020
Insights Diversity Pro Bono Hands
Events|Sponsor
McCarter Sponsors YMCA’s 49th Annual Dr. Martin Luther King, Jr. Memorial Breakfast
YMCA of Newark and Vicinity
1.17.2020
Insights News Contract Signing
News|Press
McCarter & English assisted naturalization applicants in partnership with the American Friends Service Committee
4.5.2017
Media item displaying Mary Gabriel named to New Jersey Law Journal 2016 “New Leaders of the Bar”
News|Recognition
Mary Gabriel named to New Jersey Law Journal 2016 “New Leaders of the Bar”
New Jersey Law Journal
4.26.2016
Insights News Printing Press
News
New Partners Yearbook 2016
New Jersey Law Journal
3.11.2016
Insights Awards Stars
News|Recognition
McCarter Litigation Group Finalists for General Litigation Department of the Year
New Jersey Law Journal
5.21.2015
Media item displaying McCarter & English Promotes Six to Partnership
News|Press
McCarter & English Promotes Six to Partnership
McCarter Press Release
4.14.2015
Insights News Printing Press
News|Quote
Coudert, Dechert Battle Over Confidential Client Records
Law360
3.13.2014
McCarter & English, LLP
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The McCarter & English, LLP website is for informational purposes only. We do not provide legal advice on this website. We can provide legal advice only to our clients in specific inquiries that they address to us. If you are interested in becoming a client, please contact us, but do not send any information about your specific legal question. We cannot serve as your lawyers until we establish an attorney-client relationship, which can occur only after we follow procedures within our firm and after we agree to the terms of the representation.

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