Mary Elizabeth (Libby) McGarry is a Partner in the Firm’s Litigation Department.  She practices in federal and state courts nationwide and has experience in arbitration, including international arbitration.  She often advises overseas clients involved in or threatened with U.S. litigation.

Ms. McGarry’s practice is broad.  She represents law firms and individual attorneys in professional liability matters, defends manufacturers in product liability actions, including class actions, and handles various types of commercial litigation, including in the areas of securities, contract, banking and bankruptcy.  Her trial experience is similarly diverse, including product liability and other trials in federal courts and the courts of New York and other states. 

Ms. McGarry is the author of Primer on Product Liability, published by Bloomberg online, and was recently featured in Corporate INTL for her excellence in product liability litigation.  Ms. McGarry is also a member of the Product Liability Advisory Council, and chairs the Mass Torts Subcommittee of the Advisory Group to the New York State and Federal Judicial Council. 

Ms. McGarry is co-author of a monthly article appearing in the New York Law Journal, the “Court of Appeals Roundup,” which discusses significant decisions by New York’s highest court.  She is a member of the Board of Directors of the Women in Law Empowerment Forum.  In addition, she is a member of the American Bar Association and its Litigation Section, Federal Bar Council, New York State Bar Association and Association of the Bar of the City of New York.

Ms. McGarry joined Simpson Thacher in 1982 and became a partner in 1990.  She received her B.A. from Wesleyan University in 1979 and her J.D. from Georgetown University Law Center in 1982.  Ms. McGarry is Co-Chair of the Firm’s Pro Bono Committee and is the liaison to organizations with which the Firm has an established relationship, including inMotion, Inc., which has given Commitment to Justice Awards to the Firm, several of its associates, and to Ms. McGarry.  She is also a member of the Firm’s Women’s Committee and a Coordinator of the Firm’s Flex-Time Program.

Honors/Associations

•	Federal Bar Council
•	Association of the Bar of the City of New York
•	New York State Bar Association
•	American Bar Association

Publications

•	New York Court of Appeals Roundup: 'Occupy the Field' Preemption, 'Serious Injury' under No-Fault Law
•	New York Court of Appeals Rejects Martin Act Preemption of Common Law Claims of Breach of Fiduciary Duty and Gross Negligence
•	Supreme Court Considers Tolling of Statute of Limitations in Section 16(b) Claims
•	New York Court of Appeals Roundup: Court Decides Numerous Criminal Appeals and Discusses FOIL Requests
•	New York Court of Appeals Roundup: 1993 World Trade Center Bombing Litigation and Governmental Immunity
•	New York Court of Appeals Roundup: Unusual World Trade Center Argument, Choice-of-Law, Tainted Marital Property
•	Second Circuit Affirms Madoff Trustee’s Use of “Net Investment Method” to Calculate Net Equity Under SIPA
•	New York Court of Appeals Roundup: Internet Service Provider Immunity, Challenge to Insurer Transaction
•	The Supreme Court Finds State Failure-to-Warn Claims Against Generic Drug Manufacturers Impliedly Preempted
•	New York Court of Appeals Roundup: Defective Design, HIPAA, 'Brady,' and Implied Consent to Mistrial
•	The Supreme Court Limits Rule 10b-5 Liability to Person or Entity Making Alleged Misstatement
•	The Supreme Court Rejects Loss Causation Requirement at Class Certification Stage
•	New York Court of Appeals Roundup: Improper Solicitation, Post-Release Supervision, Stabilized Rent Increases
•	The Supreme Court Considers Loss Causation at Time of Class Certification
•	New York Court of Appeals Roundup: Long-Arm Jurisdiction Over Copyright Infringement Via The Internet
•	The Supreme Court Considers Implied Preemption of Failure-to-Warn Claims Against Generic Drug Manufacturers
•	The Supreme Court Rejects Bright-Line Rule on Disclosure of Adverse Event Reports
•	New York Court of Appeals Roundup: Court Issues Two Insurance Decisions
•	The Supreme Court Finds No Conflict Pre-emption Based on Federal Seatbelt Regulation
•	The Supreme Court Finds Design Defect Claims Preempted under the Vaccine Act
•	New York Court of Appeals Roundup: Standard for Relief from Conditional Orders of Preclusion
•	The Supreme Court Considers the Materiality Requirement in the Context of Drug Companies’ Disclosure of Adverse Event Reports
•	New York Court of Appeals Roundup: Court Resolves Issues Arising out of ‘Batson’ Challenges
•	The Supreme Court Considers the Liability of Investment Advisers in Federal Securities Fraud Cases
•	New York Court of Appeals Roundup: Limits of ‘Gatekeeper’ Professionals’ Liability
•	The Supreme Court Considers Conflict Preemption Case Concerning Federal Seatbelt Regulation
•	The Supreme Court Hears Express Preemption Case Relating to Alleged Vaccine Design Defect
•	New York Appellate Court Issues Significant Ruling Rejecting the Aggregation of Personal Injury Claims Based on Forum Non Conveniens in In re OxyContin II
•	New York Court of Appeals Roundup: Condemnation, Canine Sniff Searches, Privity for Legal Malpractice
•	The Supreme Court Affirms the Constitutional Validity of the PCAOB; Strikes Down “Double For-Cause” Removal Provisions as Unconstitutional
•	The Supreme Court Limits the Extraterritorial Application of the Antifraud Provisions of the U.S. Securities Laws
•	New York Court of Appeals Roundup: Legitimacy of Domestic Violence Parts and Bronx Criminal Division
•	New York Court of Appeals Roundup: Right to Counsel, Same-Sex Parents, Support, Equitable Distribution
•	The Supreme Court Rejects “Inquiry Notice” as Trigger to Start Running the Statute of Limitations in Securities Fraud Cases
•	New York Court of Appeals Roundup: Cost-Sharing in Arbitration Agreements, Assumption of Risk, Special Education
•	The Supreme Court Considers the Application of the Antifraud Provisions of the United States Securities Laws in “Foreign-Cubed” Cases
•	New York Court of Appeals Roundup: Judicial Compensation, Foreign Adoption, Garnishment, Constitutional Issues
•	Primer on Product Liability (Bloomberg 2009)
•	New York Court of Appeals Roundup: Eminent Domain, Same-Sex Benefits, Environmental Challenges
•	The Supreme Court Considers the Constitutionality of the Public Company Accounting Oversight Board
•	The Supreme Court Considers the ‘Inquiry Notice’ Standard in Federal Securities Fraud Cases
•	New York Court of Appeals Roundup: Rent Stabilization, Champerty, Lieutenant Governor Appointment
•	New York Court of Appeals Roundup: Duty of Examining Physician, UCC Meets Bankruptcy Code, City Subpoenas
•	New York Court of Appeals Roundup: Absent Class Member Access to Counsel Files, Benefits for Aliens, Youth Curfew
•	New York Court of Appeals Roundup: GPS Tracking as Illegal Search, Ruling on Optional Safety Feature
•	New York Court of Appeals Roundup: Attorney’s Attempted Deceit, Attorney as Unsworn Witness, Blood Sample Seizure and Testing
•	New York Court of Appeals Roundup: Preemption, Pothole Law Notice and Double Jeopardy
•	Supreme Court Finds in a “Lights” Cigarettes Case That Claims for Violation of a State Statutory Duty Not to Deceive Are Not Preempted by the Federal Cigarette Labeling and Advertising Act
•	New York Court of Appeals Roundup: Internal Investigation Issues, Ecclesiastical and Church Property Dispute
•	Supreme Court Hears Its Second Significant Preemption Case This Term
•	The Supreme Court Revisits the Preemption of State Law Consumer Protection Claims
•	New York Court of Appeals Roundup: On Federal Preemption, Grasso Compensation Litigation
•	New York Court of Appeals Roundup: Executives as “Employees” for Labor Law, Forfeiture of Peremptories, and Attorney’s Fees
•	The Supreme Court Limits Punitive Damages Award In The Exxon Valdez Case To 1:1 Ratio To Compensatory Damages
•	New York Court of Appeals Roundup: Standard for Pleading Fraud, Discovery Sanctions, and Imposing Post-Release Supervision
•	New York Court of Appeals Roundup: Buyer’s Agent’s Duties, Limited Liability Company Derivative Actions, and Damages for AIDS Exposure
•	New York Court of Appeals Roundup: Products Liability, Body Cavity Searches, and Dog Bites
•	New York Court of Appeals Roundup: Consequential Damages, Employment-at-Will, Fingerprint and DNA Test Results
•	Supreme Court Bars State Common Law Claims Challenging Medical Devices with FDA Pre-Market Approval
•	New York Court of Appeals Roundup: Unfair Competition and the "Famous Marks" Doctrine, Waiver of Right to 12 Jurors, and Long-Arm Jurisdiction
•	The Supreme Court Rejects "Scheme" Liability For Secondary Actors In The Absence Of Actual Reliance On The Deceptive Conduct Or A Separate Duty To Speak
•	New York Court of Appeals Roundup: LLP Provides No Shield in Partnership Disputes, No Suppression for Violation of Physician-Patient Privilege, Religious Disputes
•	New York Court of Appeals Roundup: Compelled Production of HIPPA-Compliant Authorizations, Absence of Tort Duty, and Disorderly Conduct
•	New York Court of Appeals Roundup: Non-Waiver of Right of Compel Arbitration, Negligent Spoliation of Evidence, and the Death Penalty (Again)
•	New York Court of Appeals Roundup: Statutory Grace Period of CPLR 205(a), Power of Comptroller to Conduct an Audit, and Collateral Estoppel
•	Supreme Court Hears Arguments on Expanding Securities Fraud Liability to Secondary Actors Based on Allegedly Fraudulent, Arm's Length Business Transactions
•	New York Court of Appeals Roundup: Additional Insured's Right to Defense, High-Low Agreements, Driving While Intoxicated, and the Confrontation Clause
•	New York Court of Appeals Roundup: "Continuous Representation" Doctrine, Comptroller's Authority, and Specificity of Criminal Charges
•	New York Court of Appeals Roundup: Interviewing Former Employees, Amending Law Firm Partnership Withdrawal Provisions, Punitive Damages, and Videotaped Inconsistent Statements
•	New York Court of Appeals Roundup: Conversion of Electronic Data, Tortious Interference With Contract, and Legal Malpractice
•	New York Court of Appeals Roundup: Expert Testimony on Eyewitness ID, Absolute Immunity for Statements to NASD, Grandparent Visitation, Court of Claims Requirements
•	New York Court of Appeals Roundup: Single vs. Multiple Insurance “Occurrences,” Class Actions Seeking Treble Damages Under the Donnelly Act, and Notice of Photo Array Identification
•	New York Court of Appeals Roundup: Municipal (Non)Liability for Breach of Duty, Equitable Estoppel and the Statute of Limitations, and the Confrontation Clause
•	New York Court of Appeals Roundup: Court Addresses Sex Offender Commitment, Lemon Law and “Deceptive” Trade Practices
•	School Funding III, Religion Clauses and Harmless Sandoval Error
•	New York Court of Appeals Roundup: Expert Evidence on Toxic Tort Causation
•	New York Court of Appeals Roundup: Court Opens New Term and Is Joined by Judge Pigott
•	New York Court of Appeals Roundup: Court Addresses Same-Sex Marriage and Depraved Indifference (Again)
•	New York Court of Appeals Roundup: Personal Jurisdiction Based Upon ‘Instant Messaging‘, Enforcement of Foreign Judgments, Products Liability and Judicial Misconduct
•	New York Court of Appeals Roundup: Evidentiary Issues in Medical Malpractice, Res Ipsa, and Expert Testimony on Eyewitness Identification
•	New York Court of Appeals Roundup: Harmless Deprivation of the Right to Counsel and Sole Legal Cause of Injury
•	New York Court of Appeals Roundup: Tort Reform Impact on Common Law Indemnification, Collective Bargaining and the Superfund Tax.
•	New York Court of Appeals Roundup: Court Decides Clergy Sexual Abuse, Domestic Partner Benefits and Felony Murder Cases
•	New York Court of Appeals Roundup: Confrontation Clause, Depraved Indifference Murder, and Res Judicata
•	New York Court of Appeals Roundup: Underwriter Liability, Duty of Care, and Destructive Searches Addressed by the Court
•	New York Court of Appeals Roundup: The Court of Appeals Rules on Banking, Zoning and Workers' Compensation Issues with Broad Impact
•	New York Court of Appeals Roundup: Court Affirms No Court TV In New York and Decides Criminal Cases
•	New York Court of Appeals Roundup: Underwriters May Owe Fiduciary Duty: Blue Cross For-Profit Conversion Upheld
•	New York Court of Appeals Roundup: No-Fault, Indian Gaming, In Utero Injury
•	New York Court of Appeals Roundup: Movement Away From the “No Prejudice” Rule For Late Notice of Insurance Claims?
•	New York Court of Appeals Roundup: 9/11 Material Under FOIL; Taxing Telecommuters; Federal Arbitration Act
•	New York Court of Appeals Roundup: Court of Appeals Again Tackles Adequacy of Education Opportunities
•	New York Court of Appeals Roundup: Court of Appeals Decides Two Insurance Cases and When the Non-Medical Malpractice Statute of Limitation Applies
•	The Governor's Budget Powers Under the New York Constitution; Death Benefits Distribution; Self-Defense Against Domestic Violence
•	New York Court of Appeals Roundup: Witnessing Domestic Abuse Not Neglect; Political Party Imbalance; "Grave" Brain Injury
•	New York Court of Appeals Roundup: Fair Elections, Tortious Interference with Prospective Economic Relations, and Criminal Procedure
•	Death Penalty Statute Invalidated, Discrimination in Disability Coverage Upheld
•	Equitable Distribution, Summary Judgment and Grand Juries
•	Developer §1983 Claims, City Bailout Bonds, Pothole Law
•	New York Court of Appeals Roundup: Recovery for Emotional Distress from Loss of Fetus
•	New York Court of Appeals Roundup: Federal Statutes and Local Control
•	New York Court of Appeals Roundup: On the Excited-Utterance Exception and Salvaged-Airbags Sales
•	New York Court of Appeals Roundup: On Late Denial of Insurance Coverage and Car Forfeiture Statute
•	New York Court of Appeals Roundup: Death Penalty, Taxing the Non-Resident Employee
•	New York Court of Appeals Roundup: Shareholder Derivative Action, Criminal Cases
•	New York Court of Appeals Roundup: Family and Insurance Law and the Stalking Statute
•	New York Court of Appeals Roundup: Indian Casinos / Separation of Powers, Unemployment Benefits and Toxic Torts
•	New York Court of Appeals Roundup: School Funding and Judicial Misconduct Decisions
•	New York Court of Appeals Roundup: Malpractice, Co-op Eviction and Foreign Judgment Enforcement
•	New York Court of Appeals Roundup: Judicial Code of Conduct, Personal Injury Actions
•	New York Court of Appeals Roundup: Post-Verdict Juror Issues, Labor Law Section 2401(1), Attorneys' Fees
•	New York Court of Appeals Roundup: On Ineffective Counsel, At-Will Employment, Surveillance Tapes
•	New York Court of Appeals Roundup: Fourth Amendment, Batson and Grievance Arbitration
•	Ombudsman Privilege:  Keeping Harassment Complaints Confidential, The New York Law Journal, Nov. 30, 1995

Admissions

•	New York 1983
•	U.S. District Court Eastern District of New York 1983
•	U.S. District Court Southern District of New York 1983
•	U.S. Court of Appeals 2d Circuit 1990
•	U.S. Court of Appeals 6th Circuit 2000
•	U.S. District Court District of Colorado 2001
•	United States Supreme Court 2002
•	U.S. Court of Appeals 10th Circuit 2002
•	U.S. District Court Eastern District of Wisconsin 2002
•	U.S. Court of Appeals 3d Circuit 2009

Education

•	Georgetown University Law Center, 1982 J.D. magna cum laude; Georgetown Law Review, Staff Member, 1980-1982
•	Wesleyan University, 1979 B.A. cum laude