Jay Maloney is a trial lawyer focused on federal securities and commercial litigation before federal and state courts, administrative agencies and various arbitration forums. He often litigates internationally, particularly in relation to Asia and the Middle East. Mr. Maloney’s experience includes representation of clients at all stages of litigation, from evaluation and planning of short term or long term trial strategy, pre-suit investigation, discovery, motion practice through trial, post-trial motions and appeal.  He has substantial experience working with financial and valuation experts, both consulting and testifying. He has achieved favorable outcomes in 19 of 21 trials.

Prior to joining Zuber Lawler & Del Duca, Mr. Maloney was a partner at Day Pitney LLP.

Prior to private practice, Mr. Maloney served as law clerk to the Honorable John J. Gibbons, United States Court of Appeals for the Third Circuit, 1975-1976.

Mr. Maloney also served 28 years of combined active and reserve duty in the U.S. Army Reserve, Military Intelligence Branch, and achieved the rank of Colonel.  Colonel Maloney’s last assignment was command of a Strategic Military Intelligence Detachment in Miami, Florida.  His military experience includes assignments to the Strategic Studies Institute at the U.S. Army War College, the Defense Intelligence Agency, and the National Ground Intelligence Center.  His areas of strategic focus were Sub-Saharan Africa and Latin America, and terrorist group analysis.  Colonel Maloney’s work earned him, among other awards, two Army Commendation medals for his contributions.  Following his retirement from the U.S. Army Reserve, Colonel Maloney has dedicated significant time to veterans pro bono programs.

Notable Representations

  •  Securities Litigation. Counsel to major banks in several lawsuits involving business torts, bankruptcy and internal  bank fraud.
  • Securities Litigation/Class Actions. Counsel to major corporations and a leading bank in class actions alleging violations of federal and state securities laws
  • Securities Litigation.  Counsel to major securities exchange in connection with actions alleging violations of federal and state securities laws in New York and New Jersey
  • Product Liability Litigation/Class Actions. Trial and national coordinating counsel to major pharmaceutical company in DES litigation for more than 25 years, successfully opposing three motions for class certification.
  • Insurance Litigation.  Counsel to major corporation in coverage trial in Pennsylvania
  • Insurance Litigation.  Counsel to insured of major insurance company in trials alleging injurious exposure to lead paint, alcohol poisoning and toxic clouds
  • Distribution Litigation.  Counsel to major national manufacturer of consumables in a New Jersey-based dispute relating to a distribution agreement

Publications & Presentations

  •    Author, Preparing the Expert Witness for Deposition, Today’s General Counsel, Feb/Mar 2017.
  • Author, Preparing the Designated Corporate Representative for Deposition, Today’s General Counsel, Aug/Sept 2016.
  • Presenter, Effective and Ethical Preparation of the Fact Witness for Deposition, New Jersey Institute of Continuing Legal Education, June 17, 2016.
  • Co-author, FDA Delays Critical Decision on Generic Drug Labeling and Scope of Potential Tort Liability Regulations, Pharmaceutical Outsourcing, August 2015.
  • Moderator and Presenter, Preparing and Defending Your Witness: Guidance and Ethical Considerations for Fact Witnesses, Corporate Representatives and Experts, Commercial Law WebAdvisor, May 14, 2015.
  • Author, Ten Commandments for Preparing the Deposition Witness, Today’s General Counsel, Feb/Mar 2015.
  • Co-author, FDA Rule for Generic Drug Labels Would Alter Scope for Tort Liability, New Jersey Law Journal, April 28, 2014.
  • Moderator and Presenter, Lost Profit Damages in Commercial Litigation, American Law Institute, December 17, 2014.
  • Presenter, Assessing Damages in Commercial Cases, New Jersey Institute of Continuing Legal Education, 2017, 2014, 2012, 2010, 2008, 2006, 2004.
  • Presenter, Defending Rule (30)(b)(6) Corporate Depositions, Strafford Webinars, December 3, 2019
  • Presenter, Preparing Witnesses for Depositions, Strafford Webinars, March 31, 2020

Professional Affiliations

  •  Member, New Jersey District XB Ethics Committee, 2010-2018.
  • Faculty Member, National Institute of Trial Advocacy, Regional Programs in Trial and Deposition Skills, New York, New Jersey, Massachusetts, District of Columbia, 2001-present.
  • Master and President, Worrall F. Mountain American Inn of Court, 1993-present.
  • Mediator, Superior Court of the State of New Jersey, Morris County, 1993-present.
  • Founder, (past) President and current Director, New Jersey Law Firm Group (non-profit outreach to diversity students at New Jersey law schools), 1989-present.
  • Trustee, Third Judicial Circuit, American Inns of Court Foundation, 2009-2012. 
  • Chairperson, New York State Bar Association, Committee on Federal Constitution and Legislation, 1997-2005. 
  • Chairperson, New York State Bar Association, Coordinating NYSBA Response to Federal Counter-Terrorism Initiatives, 2001-2004. 
  • Member, Arizona State Bar Association. 
  • Member, American Bar Association, Litigation Section. 
  • Colonel, United States Army Reserve, Military Intelligence Corps, 1970-1998. 
  • Director, North Jersey Civil War Roundtable, 2005-present.
  • Volunteer, National Veterans Legal Services Program.

Awards & Achievements

  • Rated AV Preeminent by Martindale-Hubbell. 
  • New York Super Lawyer – Business Litigation, 2016-2020. 
  • Super Lawyer, Corporate Counsel edition, 2010.
  • New Jersey Super Lawyer – Business Litigation, 2009-2014.