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Overview

Malcolm is a versatile litigator and negotiator whose practice focuses on trade secrets and IP litigation, political and election law, and commercial disputes.

Trade Secret/IP Litigation

In today’s fast-evolving information economy, it is critical for businesses to thoroughly assess, understand and protect their trade secrets. Leveraging more than a decade of experience working with clients across the financial and renewable energy sectors, Malcolm diligently counsels clients on best practices for trade secret protection and last-resort enforcement. Malcolm has litigated trade secret cases relating to customer pricing, financial analytics, vendor and supply chain information, proprietary business processes, and employee compensation data.

Malcolm has represented clients in mediation, domestic and international arbitration, and litigation across dozens of state and federal jurisdictions. He recently represented a leading global language services provider in a high-stakes dispute against a major competitor under the federal Defend Trade Secrets Act. He has defended online content creators against copyright infringement claims and identification subpoenas issued under Digital Millennium Copyright Act.

Political and Election Law
Bernie Sanders Presidential Campaign

Malcolm was a member of the team representing Bernie 2020, the presidential campaign vehicle of Senator Bernie Sanders. He was a member of the legal team responsible for the emergency election lawsuit that restored New York State’s canceled 2020 presidential primary to the ballot. Malcolm was also a key member of the litigation team for Bernie 2016. He was a core strategist, drafter and negotiator in Bernie 2016’s lawsuit against the Democratic National Committee, challenging suspension of the campaign’s access to a party voter database. He advised the campaign on parliamentary procedure and drafted resolutions for the 2016 Democratic National Convention.

Voting Rights Act and Campaign Finance Laws

Malcolm has helped spearhead lawsuits against election laws in New York, Ohio and Arizona under the Voting Rights Act and Fourteenth Amendment. He has represented campaigns in connection with challenges to political communications and advertisements, mass communications to prospective voters, enforcement of limits on individual contributions, and receipt of in-kind contributions, including volunteer labor. In addition to representing political committees, Malcolm provides outside general counsel services to grassroots organizing groups, including Our Revolution, a § 501(c)(4) entity formed to continue the progressive movement catalyzed by Senator Sanders’ 2016 presidential bid.

Malcolm has worked on impact litigation aimed at rehabilitating federal campaign finance laws and improving electoral transparency, including: litigation seeking to overturn a D.C. Circuit decision, issued in the shadow of Citizens United, that removed limits on individual contributions to SuperPACs; and defense of anticipated challenges to an electoral ordinance enacted by the City of St. Petersburg, limiting individual contributions to independent expenditure committees and preventing interference by foreign-influenced PACs in city elections.

Commercial Litigation and Project-Based Disputes

As a commercial litigator, Malcolm combines technical knowledge with an understanding of project methodologies and their pitfalls, helping engineers, contractors, project owners and developers diagnose the causes of project delays, overruns and failures. By disentangling these technical problems, he is able to bring timely and cost-effective closure to challenging cases. With specific expertise in the renewable energy sector, he assists lenders, contractors, engineers and owners through the problems that commonly arise on bespoke engineering and construction projects: change orders; equitable adjustments; liquidated damages; loan workouts; and last-resort litigation. Malcolm harnesses his legal background in the financial services sector to guide these clients through disputes that arise out of project financing agreements.

Pro Bono

Malcolm is the Co-Chair of the Pro Bono and Public Service Committee, which incubates and sponsors pro bono and community service projects for staff and attorneys. At the Yale Law School, Malcolm was Editor-in-Chief of the Yale Human Rights and Development Law Journal and Director of the Lowenstein Human Rights Project. As a student, he participated in several newsworthy cases involving extraordinary rendition and indigenous land rights.

Experience

Experience

Blog Posts

News & Insights

Admissions

  • New York, 2007
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. Court of Appeals for the 2nd Circuit
  • U.S. Court of Appeals for the 9th Circuit
  • U.S. Court of Appeals for the 11th Circuit
  • U.S. Court of Appeals, D.C. Circuit
  • U.S. Supreme Court

Education

  • J.D., Yale Law School, 2004
  • B.A., State University of New York at Buffalo (summa cum laude), Political Science, 2000
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