Mary McNamara

mary@smllp.law

 

Education

J.D. & LL.M, University of California, Berkeley School of Law

B.A. (First Class Hon.) Trinity College Dublin
Graduated First in Class
Henry Hamilton Hunter Memorial Prize

Chambers Band 1 for White-Collar Crime & Government Investigations in California

2022 President Bar Association of San Francisco

Best Lawyers 2022 Recognition (Recognized since 2008)

  • Lawyer of the Year – Criminal Defense: White Collar

Mary McNamara

Partner

Mary McNamara specializes in white-collar criminal defense and complex civil litigation.  

Mary is AV-rated by Martindale Hubbell, and is recognized in Band 1 of Chambers USA America’s Leading Lawyers, White Collar Crime & Government investigations.  Mary has been a Northern California Super Lawyer every year since 2004 and was also named Best Lawyers 2012 Lawyer of the Year in White Collar Criminal Defense in San Francisco.  She was the 2022 President of the Bar Association of San Francisco.

Mary represents both entities and individuals in federal and state courts around the country.  She handles a broad range of criminal matters including antitrust, tax fraud, health care fraud, securities fraud, money laundering, trade secret and economic espionage.  Mary is frequently retained by Fortune 100 companies in complex civil matters, including securities and derivative cases, copyright and trade secret litigation, and a variety of commercial and business disputes.  She routinely represents clients in regulatory investigations by the SEC and OCC.  Mary also advises and represents attorneys in matters involving malpractice, ineffective assistance, and ethical issues.

Representative matters include:

  • Successful representation of officers and directors in multiple federal securities fraud actions
  • Declination of enforcement action for bank executive in OCC investigation of national bank
  • Dismissal of bribery charge against Fortune 10 company executive
  • Declination of prosecution for oil executive in national disaster investigation
  • Deferred prosecution for executive of a failed regional bank in loan fraud matter
  • Non-prosecution of vendor in theft of public monies fraud matter
  • Misdemeanor resolution for national corporation in industrial fatality investigation
  • Significantly below guidelines sentence for director of regional agency in multi-million dollar embezzlement
  • Declination of prosecution for executive in major bank fraud investigation
  • Successful representation of high level personnel in academic institutions in investigative and disciplinary proceedings
  • Declination of prosecution in federal false claims cases
  • Dismissal of all charges against attorney accused of obstruction of justice
  • Representation of witness at Congressional hearing in connection with inquiry into data hacks and leaks at technology companies
  • Overturning manslaughter conviction and dismissal of murder charge against woman prosecuted for stillbirth while having street drugs in her system
  • Below guidelines sentence (after successful appeal) in terrorism case

Court Service, Professional Volunteering, Pro Bono:

Resume of Court Service 

Northern District of California Criminal Justice Act (CJA) Committee

CJA Fees Review Committee Chair

CJA Panel Attorney District Representative for the Northern District of California

Defender Services Advisory Group to the Defender Services Office of the U.S. Courts

Co-Chair Lawyer Representatives for the Northern District of California to the Ninth Circuit Judicial Conference

Member, Magistrate Judge Merit Selection Panels

 

Professional Volunteering

2022 President of the Bar Association of San Francisco

Member, Legal Committee of the ACLU, Northern California

 

Pro Bono

California Attorneys for Criminal Justice Skip Glenn Award:  For pro bono representation of Adora Perez, charged with murder in Kings County after she suffered a stillbirth while having drugs in her system (manslaughter conviction overturned and murder charge dismissed).  

Bar Association of San Francisco Award of Merit:  For leading the Bar Association of San Francisco’s effort to create the Legal Alliance for Reproductive Rights, a group of law firms committed to providing pro bono assistance in the post-Dobbs era.