BARBARA J. O'MALLEY
***A Tulip Avenue, Floral Park, NY 11001
Cell: 516-***-**** ( ***************@*****.***
Experienced In-House Counsel with a broad background in insurance,
compliance, litigation management and contract administration. Skilled in
providing legal advice and counsel to corporate executives and business
personnel on risk management issues and developing strategies for
minimizing litigation across all lines of business. Expertise in
litigation defense work, strong negotiation skills, management experience
and excellent inter-personal skills. Ability to quickly master new roles,
responsibilities, technologies and environments. Licensed in New York,
Connecticut and Nevada. Willing to relocate.
CORE COMPETENCIES
Litigation Management ( Corporate Governance ( Strategic Planning
Franchise Law ( Risk Management ( Regulatory Compliance ( Intellectual
Property
Bankruptcy ( Resource Management ( Negotiations ( Human Resources (
Litigation Defense ( Collections
PROFESSIONAL EXPERIENCE
BARBARA J. O'MALLEY, ESQ., Long Island, NY (2009-present)
Legal Consultant/Contract Attorney
Accountable for overseeing a broad range of general business matters for a
diverse range of clients in New York and formerly, Nevada. Provide counsel
to individual clients in the areas of estate administration, bankruptcy,
collections, and real estate matters. Act as exclusive counsel to a small
business owner regarding entity formation, liability issues, contracts,
collections, and general business matters. Recently completed a long-term
temporary assignment involving a large-scale document production on behalf
of a NJ real estate franchisor.
ASSIST-2-SELL, INC., Reno, NV (2007-2009)
General Counsel
Maintained full accountability for the legal affairs of a real estate
franchisor with 450+ offices throughout the U.S. and Canada. Acted as the
chief legal advisor to executive management and provided counsel regarding
the legal implications of new business initiatives and activities. Ensured
corporate compliance with state and federal regulations, as well as
internal policies and procedures. Prepared annual franchise disclosure
document, negotiated and drafted vendor contracts and ensured franchisee
compliance in an effort to maintain brand integrity. Applied project
management skills toward achieving critical deadlines while maintaining
high quality standards.
Selected Highlights:
. Pursued non-compliant franchisees by serving forbearance agreements
and terminating franchise contracts, and diligently enforcing non-
compete agreements, where permitted.
. Managed the company's intellectual property portfolio and actively
enforced trademark issues by aggressively pursuing cease and desist
orders against infringers and filing oppositions with the Trademark
Trial and Appeal Board.
. Evaluated, assessed and responded to anti-competitive behavior by
trade associations and other organizations in the U.S. and Canada.
HARLEY-DAVIDSON FINANCIAL SERVICES, INC., Carson City, NV (2005-2007)
Senior Corporate Counsel
Acted as the primary attorney for Harley-Davidson Insurance Agency, a
provider of motorcycle insurance and rider protection products.
Collaborated with other HDFS divisions and subsidiaries, including
Eaglemark Savings Bank to ensure compliance with consumer finance laws and
banking regulations. Planned and coordinated multiple projects to maximize
efficiency and achieve critical timelines in securing regulatory approvals,
evaluating interstate marketing and
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advertising materials, drafting product forms, and approving new procedures
and compliance issues. Trained and motivated the legal/compliance staff,
including tracking staff member performance and ensuring adherence to
company policies and procedures. Liaised between departments to accurately
and effectively reply to inquiries from State Insurance Departments and the
NV Division of Financial Institutions.
Selected Highlights:
. Contributed broad knowledge of employment and labor laws to the HR
department and provided counsel on matters involving discrimination,
employee terminations, training programs, and compliance. Also
provided legal advice and recommended updates to HR policies and
procedures, as necessary.
. Oversaw, monitored and updated corporate records including annual
filings with the Secretary of State and maintained various business
and agent licenses.
. Negotiated and drafted a wide variety of contracts including NDAs,
vendor contracts, producer agreements and complex service provider
agreements.
AMERICAN INTERNATIONAL GROUP, INC., New York, NY (1994-2005)
Director, Litigation Management
Responsible for overseeing various legal matters on behalf of the company's
specialty claim departments and property-casualty offices including
appellate and case management issues, intra-company disputes, claim trends,
contract matters, and counsel's non-compliance with litigation management
guidelines. Managed pre-trial, arbitration, mediation and trial strategies
to successfully direct case handling and settlement negotiations.
Successfully analyzed, coordinated and resolved bankruptcy claim issues and
assisted underwriters with drafting policy language and exclusions.
Selected Highlights:
. Actively monitored legislative and regulatory activity for issues
impacting company operations and provided advice to appropriate
departments regarding potential implications to the organization.
. Collaborated with an influential team of industry representatives in
drafting and submitting amicus briefs, as well as working with the
State Relations Department to advance tort reform efforts.
. Designed, developed and implemented alternative fee agreements
including flat fee and performance based agreements, resulting in the
reduction of outside legal fees.
. Selected by Senior Management to participate in AIG's Performance
Management Program (Six-Sigma).
Manager, Toxic Tort Claims Department/Claims Attorney
Trained, mentored and led a team of Claims Attorneys in cost-effectively
investigating, analyzing and assessing high profile toxic tort claims,
declaratory judgment actions and bad faith claims. Conducted initial case
evaluations, engaged in early dispute resolution efforts, and developed and
implemented case litigation strategy. Evaluated and set liability reserves,
addressed reinsurance inquires and acted as the Department Coordinator for
internal and external audits.
Selected Highlights:
. Retained and managed outside counsel in the successful litigation and
defense of extra-contractual liability claims and third-party product
and/or premises liability claims (including class actions), from
inception through completion, including ADR and appeal.
. Analyzed and evaluated coverage issues and implemented cost-sharing
agreements with other carriers based upon approved coverage amount and
liability determinations.
Law Firm Experience
Associate - CONDON AND FORSYTH, New York, NY (1991-1994)
Handled all phases of commercial and complex tort litigation cases in New
York State and Federal Courts.
EDUCATION
J.D. - St. John's University School of Law, Jamaica, NY
B.B.A. Business Management - Hofstra University, Hempstead, NY
BAR ADMISSIONS
New York (1991), Connecticut, (1991), Nevada (1994)