THE LAW OFFICES OF LOUIS J. MAIONE

BIO

Louis J. Maione, M.B.A., J.D., is a New York City trial lawyer who also has served as Chief Executive Officer and President , as well as a Director of Cancer Genetics, Inc. ( “CGI” or the “Company”), a publicly held diagnostic cancer laboratory and genomic-based manufacturer of cancer markers, located in Rutherford, New Jersey. From mid- 2005 until he left the Company in July of 2010, having originally joined CGI in March of 2005 as Chief Operating Officer, Mr. Maione was CGI’s chief executive. He also was the sole Director and President of CGI’s wholly owned foreign subsidiary, Cancer Genetics Italia S.p.A., which he formed in 2009 in Milan, Italy. Mr. Maione, whose M.B.A. is in Finance, continued to consult for the Company through January of 2012 on a number of different matters.
Prior to joining CGI, Mr. Maione, who has 44 years of experience as a lawyer, had been a senior partner and trial lawyer for 15 years in the New York City law firm of Salon Marrow Dyckman & Newman, having previously founded his own, four member firm of Maione & Collins of New York City and San Francisco five years earlier. Prior to forming his own firm in 1985, he had 8 years in-house corporate legal experience as Litigation Counsel to a bank holding and securities clearing company. In all, Mr. Maione has tried scores of commercial matters in both state courts (NY and NJ) and federal courts in a host of jurisdictions.
Upon leaving CGI in 2010, Mr. Maione returned to the private practice of law successfully handling a major fraud investigation of a client by the Office of The Inspector General/U.S. Department of Justice in connection with allegations of Medicare billing fraud, as well as handling SEC enforcement actions, as well as counseled clients on issues concerning Medicare billing practices. He is fully conversant in laboratory credentialing in New York and New Jersey, as well as coding and billing practices for laboratory and healthcare facilities, and counsels clients in avoiding claims, as well as defending actions concerning billing issues.
In his law practice, Mr. Maione concentrates primarily on commercial and corporate matters in the areas of securities and banking law, shareholder disputes and business agreements, FINRA/SEC enforcement proceedings representing brokers, trademark litigation, corporate dissolutions, as well as employment and discrimination litigation, and products liability in addition to general business counseling.
During his career, Mr. Maione also served as General Counsel and Litigation Counsel to several corporations and has served as a director on the boards of several major corporations. He is also a former Neutral with the American Arbitration Association and offers private mediation services.
Mr. Maione is admitted to the practice of law in New York, having been graduated from the Fordham University School of Law in 1978, and also admitted to practice in New Jersey since 1987; he has more than 43 years of experience as a practitioner, coupled with years of business experience, and is also admitted to various federal district courts, as well as having successfully argued appeals in several U.S. Courts of Appeal. Mr. Maione also is admitted to the United States Supreme Court.
Mr. Maione has tried cases both on behalf of, and against major banks, e.g., Merrill Lynch v. First Interstate Bank of Calif., 900 F.2d 263 (represented bank as “bona fide purchaser for value” of stolen securities); Colson Services Corp. v. Bank of Baltimore, 966 F. 2d 1441( jury trial against bank to successfully recover illegally converted jumbo CD which bank refused to return); Adagio v. F.D.I.C., 338 F.Supp. 2d 71 (multi-district litigation in which plaintiffs were successful in obtaining summary judgment against the F.D.I.C. as receiver of failed bank for wrongfully reclassifying and holding millions of dollars by illegally “sweeping” funds out of insured accounts of South American financial entities).
He also has represented broker-dealers, clearing brokers, and individual brokers in enforcement proceedings, arbitrations and trials. Flickinger v. Brown v. Bradford Brokerage Settlement, Inc., 759 F.Supp. 992. And, he represented German and Swiss nationals in several “prime bank guarantees” actions in the U.S., recovering seven figure settlements against large brokerage firms. Cosmos Import and Export v. Merrill Lynch (S.D.N.Y.), as well as successfully defending, together with local counsel, a forfeiture action by the State of Arizona in which as lead counsel he was instrumental in recovering more than $9.5M of his client funds.
Mr. Maione also has tried trademark cases and esoteric litigation deciding the liability for shipped goods under the Carmack Amendment. Great Amer. Audio v. Metacom, Inc., 938 F.2d 16 (successful defense of trade dress litigation); Dress Barn, Inc. v. LTA Group, Inc., 822 F.Supp. 88 (trial deciding liability of shipper of lost goods under the Carmack Amendment), matters governed by the Montreal/Warsaw Convention and cases which established seminal issues of law concerning personal jurisdiction of a foreign bank. Bankers Trust of Iowa v. Fidata Trust Company New York, 452 N.W. 2d 411, as well as employment discrimination matters and Fair Labor Standards Act litigation.

Education

• J.D. Fordham University School of Law, 1978
• M.B.A. Bernard M. Baruch Graduate Bus. School, 1973
• B.A. Iona University, 1965

Admitted to Practice

• New York; New Jersey
• U.S. District Courts for the Southern, Eastern, Northern and Western Districts of New York;
• District of New Jersey; District of Md.; No. District of California
• U.S. Court of Appeals, 2d, 3d, 4th, 5th and 9th Circuits;
• U.S. Supreme Court