Building Solutions, With You

Biography:

Malcolm has a national litigation and counseling practice in which he represents businesses in complex commercial and employment-related cases at all stages of proceedings, from initial filings through trial. Malcolm leads the firm’s labor and employment practice. He is frequently retained to represent commercial entities for issues that go to the very core of their business model, where a loss in litigation could fundamentally and detrimentally affect their entire business. His broad experience representing businesses in a gamut of matters, from financial issues, to employment and workforce issues, to proprietary business issues, allows him to not just focus on the narrow issue at hand, but to also evaluate and counsel clients on the potential ramifications across their business.

His business litigation and counseling practice includes representing companies in litigation relating to commercial contracts and business disputes; defending companies and developers against a multitude of claims, ranging from breach of contract, to RICO and fraud; representing companies in connection with administrative actions by governmental bodies; defending banking and trust companies against claims of breach of fiduciary duty; supervising internal corporate investigations; representing owners and contractors in construction and building industry disputes; and, representing individuals and companies in connection with shareholder disputes, including oppression of minority shareholders.

His employment and labor practice includes advising clients on day-to-day compliance with labor and employment laws and regulations; litigating civil rights and employment cases including claims of discrimination, sexual harassment, wrongful discharge and retaliation; defending class, and representative actions involving civil rights, employment and wage and hour claims; counseling, handling, and litigating labor relations issues including collective bargaining negotiations, unfair labor practice proceedings, arbitrations, strikes, picketing, and related injunction proceedings; designing and enforcing policies and agreements to protect confidentiality and non-solicitation and post-employment competition, and litigating claims for breach of non-compete agreements, misappropriation of trade secrets, breach of fiduciary duty, and related torts.

Malcolm also has extensive experience acting as local counsel for outside firms and parties involved in litigation in the Pennsylvania state courts and in the United States District Court for the Eastern District of Pennsylvania. He has been recognized as a Super Lawyer “Rising Star” in Law & Politics and Philadelphia Magazines.

Some of the reported decisions in which Malcolm has secured victories for clients in the lower courts and/or secured victory on appeal include:

• Leap v. Yoshida, 2016 U.S. Dist. LEXIS 57819 (E.D.Pa. Apr. 29, 2016)(securing Court approval of FLSA and related state law class action settlement for restaurant client);
• Note Acquisition, LLC v. Morrison, 2015 WL 6870607, 134 A.3d 481 (Pa.Super.Ct. Nov. 6, 2015)(protecting on appeal confessed judgment entered against borrower on note for failed restaurant/development venture);
• Turchi v. Phila. Bd. of License & Inspection Review, 2015 WL 3458376, 114 A.3d 900 (Pa.Commw.Ct. May 15, 2015)(securing reversal of lower court and gaining appellate court-ordered approval of proposed real estate development project in Philadelphia involving historically certified building);
• Mfrs. & Traders Tr. Co. v. Jenner’s Commons, LLC, 2014 WL 7801303, 113 A.3d 339, (Pa.Super.Ct. Nov. 3, 2014)(securing reversal of trial court on appeal and having multi-million dollar confessed judgment against borrower and guarantors of commercial real estate development loan stricken in its entirety);
• Crider, Inc. v. Keystone Foods LLC, 2011 WL 4929754 (S.D.Ga. October 17, 2011) (partial summary judgment for client in business dispute eliminating over $25 million in claims and allowing for beneficial settlement on the eve of trial);
• Tilkin & Cagen, Inc. v. United Metal Receptacle Corp., 593 F.Supp.2d 996 (N.D.Ill. December 30, 2008) (summary judgment for client on all claims in business dispute);
• Burks v. Equity Group-Eufaula Div., LLC, 571 F. Supp. 2d 1235 (M.D. Ala. 2008) (partial summary judgment for client in class action eliminating millions of dollars of potential claims and positioning the case for settlement on beneficial terms to client);
• Abdullah v. Equity Group-Georgia Div., LLC, 2006 U.S.Dist.LEXIS 74721 (M.D.Ga. Oct. 12, 2006), aff’d sub nom, Albritton v. Cagle’s Inc., 508 F.3d 1012 (11th Cir. 2007), reh’g en banc denied, 261 Fed. Appx. 280 (11th Cir. 2008) (dismissal of class action and multi-plaintiff claims in their entirety);
• Anderson v. Cagle Foods JV, LLC, 2005 U.S.Dist.LEXIS 41747 (M.D.Ga. Dec. 8, 2005), aff’d, 488 F.3d 944 (11th Cir. 2007), cert. denied,128 S.Ct. 2902 (2008) (summary judgment for client on all claims in a class action, eliminating claims exceeding $40 million);
• United Products Corp. v. SEPTA, 2005 Bankr. LEXIS 3319 (Bankr. E.D.Pa. Aug. 17, 2005) (summary judgment for client on contract-related claims);
• Adkins v. Cagle Foods JV, LLC, 411 F.3d 1320 (11th Cir. 2005)(summary judgment for client on all claims for client in lawsuit alleging fraud, breach of contract and violation of RICO);
• Wheeler v. Cagle Foods JV, LLC, 148 Fed. Appx. 760; 2005 U.S.App.LEXIS 10870 (11th Cir. June 8, 2005) (summary judgment for client on all claims for client in lawsuit alleging fraud, breach of contract and violation of RICO);
• Mims v. Cagle Foods JV, LLC, 148 Fed. Appx. 762; 2005 U.S.App.LEXIS 11579 (11th Cir. June 15, 2005) (summary judgment for client on all claims for client in lawsuit alleging fraud, breach of contract and violation of RICO);
• Glass v. Cagle’s Inc., et al, 143 Fed.Appx. 300, 2005 U.S.App.LEXIS 20488 (11th Cir. Apr. 5, 2005), rehearing en banc denied, 2005 U.S.App.LEXIS 23491 (11th Cir. June 1, 2005), cert. denied, 546 U.S. 1061 (Dec. 5, 2005 ) (summary judgment for client on all claims for client in lawsuit alleging fraud, breach of contract and violation of RICO);
• County of Delaware v. J.P. Mascaro & Sons, Inc., 830 A.2d 587 (Pa. Super. Ct. 2003), appeal granted, 854 A.2d 968, aff’d without opinion, 873 A.2d 1285 (Pa. 2005) (trial victory for client defended through Pennsylvania Supreme Court).

Malcolm received his law degree in 1997 from Washington University, where he was the Managing Editor of the Journal of Law and Policy (f/k/a Journal of Urban & Contemporary Law) and a semi-finalist in the Wiley Rutledge Moot Court Competition. He graduated with high honors from Lehigh University in 1994, with a B.S. in economics and finance. While at Lehigh, he was a member of the Track and Field team and received numerous awards and recognitions, including the prestigious University Service Award and the Interfraternity Council Man of the Year Award.

Malcolm resides in Ardmore, Pennsylvania, with his wife and three daughters. He is active in the Temple American Inn Of Court, St. Andrews Society of Philadelphia, North Ardmore Civic Association and has coached numerous girls’ soccer teams for Lower Merion Soccer Club.