DanielMoloney

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Daniel Moloney's practice focuses on high-value and complex litigation and regulatory matters.

Daniel has a successful track record acting for corporates, financial institutions, and individual directors and officers in significant commercial disputes, class actions, investigations, and contentious regulatory matters. He has broad experience across industry sectors, including financial services and markets, funds, technology, consumer goods, and energy and resources.

Daniel has represented clients in a range of significant commercial litigation, including transaction and M&A-related disputes, insolvency-related disputes, and class actions. He has advised clients in relation to actual or threatened class actions concerning data breaches, AML/CTF (anti-money laundering and counter-terrorist financing) issues, credit ratings, financial products, and product liability.

Daniel regularly represents clients in inquiries, investigations, and enforcement actions involving Australian and foreign regulators and authorities (including ASIC, APRA, AUSTRAC, ATO, ACCC, and OAIC). Daniel has worked on matters such as: defense of a global corporation in relation to an Australian foreign bribery prosecution; representation of a major health sector company in relation to a significant cyber incident and collateral regulatory inquiries; representation of the former CEO of a financial institution in regulatory investigations concerning AML/CTF issues and collateral class actions to which he was joined in Australia and the United States; and successful defense of the former chairman of a listed financial services company in disqualification proceedings.

Daniel also advises clients on risk and regulatory obligations on issues such as ESG (environmental, social, and governance), corruption and bribery, cybersecurity, sanctions, and AML/CTF.

Expérience

  • Non-bank lender defends against litigation in connection with lending to finance M&A transactionJones Day successfully represented a non-bank lender in multi-party litigation in the Supreme Court of New South Wales in connection with its lending to the purchaser in a M&A transaction, including under the financial assistance provisions in the Corporations Act 2001 (Cth).
  • Former CEO of Westpac defends Federal Court of Australia securities class actionJones Day is defending Brian Hartzer in relation to securities class action proceedings commenced in the Federal Court of Australia against Mr. Hartzer and Westpac Banking Corporation in connection with alleged AML/CTF failures at Westpac.
  • Financial services company receives advice on defection of employees to competitorsJones Day advised a financial services company regarding suspected breaches of non-solicitation and confidentiality obligations against a group of employees who resigned to work for competitors in Australia.
  • Commonwealth Games entities successfully resolve dispute with State of VictoriaJones Day represented Commonwealth Games Australia Ltd and Commonwealth Games Federation Partnerships in relation to claims against the State of Victoria regarding the cancellation of the Victoria 2026 Commonwealth Games, announced in July 2023.
  • ASX-listed non-bank lender agrees enforceable undertaking and resolves civil penalty proceedings brought by ASICJones Day represented an ASX-listed non-bank lender in relation to ASIC investigations and enforcement action concerning lending alleged to be in contravention of the National Consumer Credit Protection Act 2009 (Cth), including the negotiation of one of the first Enforceable Undertakings and Remediation Programs entered into by ASIC following the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry and civil penalty proceedings in the Federal Court of Australia.
  • Jacobs Engineering Group seeks advice in relation to its business in Southeast AsiaJones Day advised Jacobs Group Australia Pty Ltd (formerly Sinclair Knight Merz Pty Ltd) ("Jacobs") in relation to a landmark foreign bribery matter in Australia, in which Jacobs received substantially reduced penalties as a result of its self-reporting to and extensive co-operation with authorities.
  • Former CEO of Westpac defends U.S. federal securities class action in OregonJones Day is defending Brian Hartzer in relation to a United States federal securities class action commenced in the District of Oregon against Westpac Banking Corporation, Mr. Hartzer, and another Westpac executive in connection with alleged AML/CTF failures at Westpac.
  • Foreign client seeks advice relating to potential domestic and private international law remedies against Australian governmentJones Day is advising a foreign client as to its domestic and international law remedies following an Australian government decision to exclude the company from participating in an Australian commercial opportunity.
  • Former IOOF Chairman successfully defends disqualification proceedings brought by APRAJones Day successfully defended George Venardos, a former director and Chairman of IOOF Holdings Limited ("IOOF"), in disqualification proceedings brought by the Australian Prudential Regulation Authority ("APRA") against directors and senior management of IOOF in the Australian Federal Court.
  • Bank of Queensland seeks counsel in Banking Royal Commission inquiryJones Day acted for Bank of Queensland Limited and its subsidiaries in the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.
  • NewSat Limited sues its CEO and Chairman for breaches of directors' dutiesJones Day is acting for NewSat Limited, a formerly publicly listed Australian satellite company, on the instruction of its receivers from McGrathNicol in relation to a claim against NewSat's CEO and Chairman for breaches of directors' duties. 
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    November 2024 Commentary

    Australian Legislation Limiting Payment of Costs by Unsuccessful Applicants Incentivises Discrimination Litigation

    October 2024 Commentary

    ASIC Enforcement of Australia's Continuous Disclosure Regime Gets a Boost Through Government Response to Independent Review on Continuous Disclosure Laws

    October 2024 Commentary

    First Tranche of Australia's Much Anticipated Privacy Law Reforms Revealed

    July 2024 Alert

    Australian Court Grants Relief From Liability for Penalty Imposed on Crypto-related Product

    July 2024 Commentary

    Data Breach Update to Australian Securities Exchange Guidance on Continuous Disclosure Listing Rules

    June 2024 Newsletters

    Australian Financial Services Regulatory Update | January-June 2024

    May 2024 White Paper

    Class Actions Worldview: Part IV—China, Japan, Belgium, The Netherlands, and England and Wales

    APRIL 2024 Commentary

    Substantial Strengthening of Australia's Foreign Bribery Laws: Are Your Procedures up to Scratch?

    December 2023 Commentary

    Australian Unfair Contract Terms Regime Renders Foreign Class Action Waiver Clauses Void

    December 2023 White Paper

    Class Actions Worldview: Part III—Australia, Germany, and France
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