Mary H. Tolbert

Of Counsel

Biography

Mary H. (Molly) Tolbert focuses her practice in litigation, antitrust, and securities law. She is an experienced attorney licensed to practice in Oklahoma, Massachusetts, and Washington DC, as well as being admitted to practice before numerous federal courts, including the U.S. Courts of Appeals for the Second, Ninth, and Tenth Circuits, and the U.S. Supreme Court. Molly is currently a member of the Litigation and Antitrust sections of the American Bar Association and, while working towards her Juris Doctor, she was an active member of the Yale Law Review, the Yale Journal of Regulation, and the Yale Legal History Forum.

As a graduate of the University of Michigan, Molly is an avid Michigan Wolverines football fan.

Representative Experience

Obtained dismissal of Sherman Act and Robinson-Patman Act claims brought against fourteen retailers of gold bullion products, demonstrating that the factual allegations of plaintiff’s complaint were insufficient to establish plausible inference of conspiracy or below-cost pricing. Handled briefing and oral argument on behalf of all defendants before the Central District of California and Ninth Circuit Court of Appeals.
In issue of first impression, obtained dismissal of indemnity action brought by underwriter of securities offering against issuer, demonstrating that, where underwriter had settled the underlying securities fraud claims, rather than successfully defending itself against those claims on the merits, public policy prohibited indemnification even where a valid contract for indemnification existed. Handled briefing and oral argument before Southern District of New York.
Obtained dismissal of securities fraud claims against officers and directors of Wyoming corporation, demonstrating that, where individuals resided in China and lacked any contact with State of Wyoming other than serving on board of Wyoming-domiciled corporation, the Wyoming courts could not exercise personal jurisdiction over the defendants. Handled briefing and oral argument on behalf of all defendants before District of Wyoming.
Obtained dismissal of RICO and state-law claims against party to failed reverse merger, demonstrating that plaintiff lacked standing to bring claims and that contractual arbitration agreement must be enforced, even where arbitration would be time-barred under applicable Hong Kong law. Handled briefing and oral argument in Southern District of New York and Second Circuit Court of Appeals.
Epworth Villa Litigation Trust v. Homeland Insurance Company of New York, et al.; (District Court of Oklahoma, Oklahoma County); Represented insurance company in case involving allegations of bad faith; RESULT: After a mistrial was declared on day three of the trial, reached a favorable resolution for the client)

Licensed In

Oklahoma

Education

J.D. Yale Law School

B.A. University of Michigan

Memberships

American Bar Association, Litigation & Antitrust Sections
Oklahoma Bar Association, Litigation Section
Oklahoma Contemporary Arts Center, Board President
Former Regent at the University of Science and Arts of Oklahoma
Former Trustee of the Oklahoma Foundation for Excellence
Former SSM Health Saint Anthony Foundation Board of Directors
Former Board President of Planned Parenthood of Central Oklahoma
Former Senior Warden of St. Paul’s Episcopal Cathedral

Achievements

Best Lawyers® 2022 Oklahoma City, OK Litigation – Antitrust, Lawyer of the Year
Best Lawyers® 2018 Oklahoma City, OK Appellate Practice, Lawyer of the Year
Super Lawyers®, Antitrust Litigation Law, Securities Litigation Law, Appellate Law, Oklahoma City, OK (2014-2023)
The Best Lawyers in America®, Appellate Practice (2011 – Present), Litigation – Antitrust (2011 – Present)
The Journal Record Woman of the Year 50 Making a Difference Honoree, (2010)
Leadership in Law Award, The Journal Record and the Oklahoma County Bar Association, (2007)

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