Molly McCafferty

Managing Associate

San Francisco

Molly, a litigator in Orrick's San Francisco office, is an experienced and trusted trial lawyer.  A skillful and zealous advocate in high-stakes proceedings, Molly assists individuals and entities facing internal and government investigations, civil and criminal enforcement proceedings, regulatory inquiries, and related litigation. 

Molly litigates cases in federal and state courts around the country, negotiates with and represents clients before government enforcement agencies, and advises clients responding to inquiries from regulators and other federal and state agencies - including the DOJ and SEC. Her litigation experience includes defending against allegations of securities fraud, the False Claims Act, money laundering, the Foreign Corrupt Practices Act, tax fraud, mail and wire fraud, and embezzlement, and litigating class actions, derivative suits, and private arbitration and mediation.

Molly has shepherded witnesses and defendants through all stages of state and federal investigations, government enforcement actions, and civil and criminal trials. She has been a key member of trial teams for multiple federal jury trials, with deep experience in all aspects of complex trials.

Molly also has experience helping companies conduct internal investigations. Her investigation experience involves high-profile companies across several industries, including technology, biotechnology, telecommunications, and finance.

Molly's pro bono experience focuses on the assisted reproductive technology space, where she has become a trusted and strategic advisor. In addition to individuals at all stages of the ART lifecycle, she represents The Donor Sibling Registry - a non-profit organization serving donor offspring, sperm and egg donors, and the broader donor-conceived community. Molly has appeared on The Doctors and in The Wall Street Journal and The New York Times commenting on regulation and litigation in the sperm donor industry. Most recently, Molly secured a favorable ruling from the FDA on behalf of her clients.

Before joining Orrick, Molly was a Litigation and Enforcement associate in the San Francisco and Washington, D.C., offices of another international law firm. Prior to attending law school, Molly was a pianist and conductor on the national tour of Wicked and worked in the Massachusetts Legislature.

    • Representing a public-company CFO in a shareholder class action
    • Representing a Fortune 100 company and its executives in a securities class action arising out of the company's revised guidance
    • Representing an individual in complex civil litigation over assisted reproductive technology 
    • Conducting global internal investigations and advising clients on voluntary disclosures to the DOJ and SEC
    • Representing individuals and entities in connection with federal grand jury investigations
    • Representing individuals in federal criminal proceedings, from indictment through sentencing
    • Represented the former COO of Theranos in a 14-week federal criminal jury trial 
    • Represented an executive in the 'Varsity Blues' federal criminal proceedings
    • Represented an individual in a 3-week federal criminal jury trial on securities and tax fraud charges
    • Secured early release from probation for an individual client in their federal criminal proceeding 
    • Advised a public-company CFO in favorably resolving an SEC enforcement action
    • Advised a financial institution in favorably resolving an SEC enforcement action
    • Represented a multinational corporation in connection with a criminal investigation conducted by the Office of the Inspector General for Health and Human Services
    • Represented a multinational corporation in False Claims Act litigation
    • Advised a multinational corporation subject to an independent FCPA Monitorship
    • Served on the legal team of an independent FCPA Monitorship of a multinational corporation