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Zuber Lawler & Del Duca

Soluzioni legali strategiche per clienti che mirano al futuro.

John C. “Jay” Maloney, Jr.

Los Angeles

Jay Maloney is a trial lawyer and a highly experienced litigator whose practice focuses on civil trials, appeals and alternative dispute resolution of complex commercial disputes, business torts, federal securities, products and pharmaceuticals actions, and real estate matters before federal and state courts, administrative agencies and various arbitration forums.  He has served as trial counsel in complex, multi-party transactions; and federal securities, product liability, and toxic tort class actions.  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 medical, financial and valuation experts, both consulting and testifying.

Prior to joining Zuber Lawler & Del Duca, Mr. Maloney was a partner at Day Pitney LLP.  He began the practice of law at Milbank, Tweed, Hadley & McCloy 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 bank in several lawsuits involving business torts, bankruptcy and internal bank fraud
  • Securities Litigation:  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
  • Securities Litigation:  Counsel to major corporations in hostile tender offer litigations
  • Securities Litigation:  Served as NASD (now FINRA) arbitrator
  • Insurance Litigation:  Counsel to major corporation in coverage trial in Pennsylvania
  • Insurance Litigation:  Counsel to insured of major insurance company in trials alleging exposure to lead paint, alcohol poisoning and toxic clouds
  • Real Estate Litigation:  Counsel to several real estate developers and businesses in restrictive covenant cases
  • Real Estate Litigation:  Counsel to leading corporations in commercial real estate disputes
  • Distribution Litigation:  Counsel to major national manufacturer of consumables in a New Jersey-based dispute relating to a distribution agreement
  • Asbestos Litigation:  Counsel to major cable and wire manufacturer in trials in New York and California
  • Pharmaceutical Litigation:  Counsel to major pharmaceutical manufacturer in DES litigation in New York, New Jersey and Ohio
  • Products and Toxic Torts Litigation:  Counsel to Fortune 500 corporations in trials involving industrial accidents, environmental contamination, allegedly defective products and consumer product safety

Representative Publications and Presentations

  • Author, “Ten Commandments for Preparing the Deposition Witness,” Today’s General Counsel, March 2015
  • Presenter, “Lost Profit Damages in Commercial Litigation,” American Law Institute, December 17, 2014
  • Moderator, “Effective and Ethical Preparation of a Witness for Deposition,” Worrall F. Mountain American Inn of Court, Morristown, New Jersey, November 24, 2014
  • Co-author, “FDA Rule for Generic Drug Labels Would Alter Scope for Tort Liability,” New Jersey Law Journal, April 28, 2014
  • Speaker, “Assessing Damages in Commercial Cases,” New Jersey Institute of Continuing Legal Education, 2014, 2012, 2010, 2008, 2006, 2004

Professional Affiliations

  • American Inns of Court Foundation Trustee for Third Judicial Circuit
  • National Institute of Trial Advocacy, Regional Programs in Trial and Deposition Skills, New York, New Jersey, Massachusetts, District of Columbia, faculty member, 2001-present
  • New Jersey Law Firm Group, former chairperson and current director
  • Arizona State Bar Association
  • American Bar Association, Litigation Section
  • New York State Bar Association, Committee on Federal Constitution and Legislation, chairperson, 1997-2012
  • New York State Bar Association, Coordinating NYSBA Response to Federal Counter-Terrorism Initiatives, chairperson, 2001-2004
  • Worrall F. Mountain American Inn of Court, Master and President, 1993-present
  • Mediator, Superior Court of the State of New Jersey, Morris County, 1993-present
  • Member, New Jersey District XB Ethics Committee, 2010-present

Outside Interests

  • Colonel, United States Army Reserve, Military Intelligence Corps., 1970-1998
  • North Jersey Civil War Roundtable, director
  • National Veterans Legal Services Program, volunteer

Awards and Achievements

  • AV Preeminent rated by Martindale-Hubbell
  • Recognized as a New Jersey Super Lawyer in the area of business litigation, 2009-2014
  • Recognized as a Super Lawyer, Corporate Counsel edition, 2010


New York University School of Law
J.D., 1975
Business Editor, Law Review

Columbia University
M.A., 1971
Honors: Herbert H. Lehman Fellow
Graduate Facilities Alumni Fellow

Fordham University
B.A., 1970, summa cum laude
Honors Program
Phi Beta Kappa
Omicron Delta Epsilon

Iscritto all’Ordine degli Avvocati (bar) di:

New York
New Jersey


U.S. Supreme Court
U.S. Court of Appeals - Second Circuit
U.S. Court of Appeals – Third Circuit
U.S. Court of Appeals – Ninth Circuit
U.S. District Court – District of Arizona
U.S. District Court – District of New Jersey
U.S. District Court – E. District of New York
U.S. District Court – S. District of New York
U.S. District Court – W. District of New York
U.S. District Court - E. District of Kentucky