Molly McCafferty
Senior Associate
San Francisco
Molly is an experienced litigator who helps companies and their directors and officers resolve high-stakes disputes in federal and state courts nationwide and in arbitration. Molly represents companies and their officers and directors in securities class actions, shareholder derivative suits, complex business litigation matters, regulatory inquiries and enforcement proceedings, and internal and government investigations.
Molly has extensive experience in all phases of litigation. She has shepherded witnesses and defendants through all stages of state and federal investigations, government enforcement actions, and civil and criminal trials. She has served a pivotal role in multiple federal jury trials, including arguing motions and formulating effective direct and cross examination strategies. She has defended high-profile clients in the technology and finance sectors in securities class actions, and represents clients in shareholder derivative suits and other shareholder-related disputes.
Molly regularly represents companies and their officers and directors in connection with investigations by the SEC, DOJ, FINRA and other state and federal agencies. She has defended clients in SEC and DOJ enforcement actions. Molly's litigation experience also includes defending against allegations of securities fraud, the False Claims Act, and mail and wire fraud.
Molly's pro bono experience focuses on the assisted reproductive technology space, where she has become a trusted and strategic advisor. In addition to representing individuals at all stages of the ART lifecycle, Molly regularly counsels organizations affected by assisted reproductive technology and third-party reproduction. Molly has appeared on The Doctors and in The Wall Street Journal and The New York Times commenting on regulation and litigation in the sperm donor industry. Most recently, Molly secured a favorable ruling from the FDA on behalf of her clients.
Prior to joining Orrick, Molly was a Litigation and Enforcement associate in the San Francisco and Washington, D.C., offices of another international law firm. Prior to attending law school, Molly was a pianist and conductor on the national tour of Wicked and worked in the Massachusetts Legislature.
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- Representing a public fintech company and its CEO and CFO in a securities class action
- Repesenting a public tech company and its CEO and CFO in a securities class action
- Represented a Fortune 100 company and its executives in a securities class action arising out of the company's revised guidance
- Represented an individual in complex civil litigation over assisted reproductive technology
- Represented the former COO of Theranos in a 14-week federal criminal jury trial
- Represented an executive in the 'Varsity Blues' federal criminal proceedings
- Represented an individual in a 3-week federal criminal jury trial on securities and tax fraud charges
- Secured early release from probation for an individual client in their federal criminal proceeding
- Advised a public-company CFO in favorably resolving an SEC enforcement action
- Advised a financial institution in favorably resolving an SEC enforcement action
- Represented a multinational corporation in connection with a criminal investigation conducted by the Office of the Inspector General for Health and Human Services
- Represented a multinational corporation in False Claims Act litigation
