Maria Ginzburg is an experienced litigator whose practice focuses on complex commercial and financial disputes.
Maria has represented clients in connection with mortgage-backed securities, CLOs, CDOs, swaps and other structured products, fraudulent conveyance, insider trading, accounting and tax practices, short selling, PIPEs trading, market timing, Ponzi schemes, class actions, conflicts of interest, accounting and underwriting practices, suitability disputes, consumer fraud, whistleblower actions, corporate governance, and employment matters. She has handled civil cases in state and federal courts and in arbitration, as well as internal investigations and related regulatory proceedings before the SEC, FINRA, and New York Attorney General. Maria has recovered approximately $3 billion for her clients in RMBS-related actions.
Examples of Maria’s experience include:
- Alix v. McKinsey & Co.: Representing McKinsey & Co., a worldwide management consulting firm, against claims by Jay Alix, founder of consulting firm AlixPartners, and Mar-Bow Partners, a company founded by Jay Alix, challenging McKinsey’s Chapter 11 disclosures under Rule 2014.
- Bank of New York Mellon v. Carl 1 Ltd et al.: Represented CRC Credit Fund Ltd. against Deutsche Bank AG Frankfurt in a federal interpleader action asserted by Bank of New York Mellon in the District Court for the Southern District of New York. In a cross-claim, CRC seeks damages for Deutsche Bank’s inclusion of an ineligible reference obligation in a credit default swap for which CRC provided credit protection. The court ruled as a matter of law for CRC, holding that the reference obligation’s maturity date violated the swap’s eligibility criteria and that Deutsche Bank breached the swap agreement when it obtained an erroneous accounting certification that directed the trustee to pay credit protection to Deutsche Bank.
- U.S. Bank v. Merrill Lynch Mortgage Lending Inc.: Representing U.S. Bank as trustee in seeking recovery for Merrill Lynch’s breaches of representations and warranties.
- AIG v Bank of America, N.A.: Represented AIG in multi-billion dollar claims against Wall Street sponsors of residential mortgage-backed securities, achieving public settlement of Bank of America suit for $650 million and successful confidential resolutions of additional claims. See “Bank of America to Pay $650 Million to AIG in Mortgage Disputes,” Wall Street Journal, 7/16/2014.
- ResCap bankruptcy litigation: Represented the ResCap bankruptcy trust in suits against dozens of loan originators for indemnity and breaches of contract, achieving settlements of $590 million.
- In re Capmark Financial Group Inc.: Represented an ad hoc committee of secured creditors in defending a successful challenge to the estate’s settlement of claims based on intra-creditor fraudulent transfer allegations. See “Judge OKs $975M Capmark Settlement With Lenders,” Law360, 11/1/2010.
- Accounting investigation: Represented a Fortune 50 company in a company-wide SEC investigation focused on issues of accounting and earnings management.
- Internet bubble litigation: National trial counsel for a major Wall Street bank in arbitrations and class claims arising from the burst of the Internet bubble. Defended the bank and Mary Meeker, a prominent Internet analyst, in related SEC and NYAG investigations.
In her public interest practice, Maria is representing a proposed class of student loan borrowers against Navient Corporation, a servicer of student loans that has made a myriad of misrepresentations to steer public servants away from federal loan forgiveness plans for which they qualify. She has also represented a foundation that benefits elementary schools in uncovering a Ponzi scheme run as a hedge fund; the principal was arrested, his assets were seized, and he is now serving jail time. She counseled a prominent private school and synagogue in assessing its investments in a Madoff feeder fund. Maria has investigated and revamped corporate governance structures at both non-profits and public companies.
Maria earned her J.D. with honors from Stanford University in 1996, where she was an editor of the Stanford Law Review and a founding member of the Stanford Journal of Law, Business & Finance. She serves on the board of the Ronald McDonald House of New York.
(J.D., with honors, 1996)
Stanford Law Review
Stanford Journal of Law, Business & Finance: Founding Member
(A.B., magna cum laude, Government, 1992)
Kirkland & Ellis
Cravath, Swaine & Moore
Law Clerk to the Honorable Ralph K. Winter
United States Court of Appeals for the Second Circuit 1996-1997
United States Courts of Appeals: Second Circuit
United States District Courts: Southern District of New York, Eastern District of New York, Eastern District of Michigan