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, encompassing product liability, various types of commercial matters including securities, contract and banking, First Amendment and employment law matters.  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 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.  

Ms. McGarry is a member of the Product Liability Advisory Council.  She is also a member of the Advisory Group to the New York State and Federal Judicial Council and its Mass Torts Subcommittee.  Active in the Federal Bar Council, she sits on its Second Circuit Courts Committee and has participated in subcommittees thereof that have published reports.  In addition, she is a member of the American Bar Association and its Litigation Section, the New York State Bar Association and the 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

•	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
•	Pro Bono Publico Vol. 3
•	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