Bar/Professional Activity:

• U.S. Court of Appeals for the Second Circuit
• U.S. Supreme Court
• U.S. District Court Eastern District of Wisconsin
• U.S. District Court Southern District of New York
• U.S. District Court Eastern District of New York
• New York

Pro bono/Community Service:

• Mr. Malone participated in the representation of the Republic of Paraguay before both the United States Supreme Court, on petition for a writ of certiorari and motion for leave to file an original action, and the International Court of Justice, by application instituting proceedings and request for provisional measures.  He acted as lead counsel in the Supreme Court on behalf of American citizens and service organizations as amici curiae interested in the reciprocal enforcement of the Vienna Convention on Consular Relations.  He has helped lead an ongoing representation of sixteen Afghan nationals imprisoned at the Guantanamo Bay Naval Station, as petitioners for the writ of habeas corpus.

Verdicts and Settlements:

• United Mag. Co. v. Murdoch Mag. Distr., Inc., 353 F. Supp.2d 433 (S.D.N.Y.), motion to dismiss and related proceedings concerning Robinson-Patman and state-law claims of magazine distributors against magazine publishers
• Petitions for writs of habeas corpus and related proceedings on behalf of 16 Afghans detained at Guantánamo Bay Naval Station
• AAA arbitration of dispute between private Swiss pharmaceutical conglomerate and Singaporean licensee concerning termination of agreement to distribute human growth hormone in Asian territory
• Action on behalf of investment bank for breach of non-disclosure agreement
• Motion to dismiss and for summary judgment granted in defamation action against high-net-worth client
• Medellin v. Texas , No. 06-984 (U.S.), Bustillo v. Johnson, No. 05-51 (U.S.), and Sanchez-Llamas v. Oregon, No. 04-10566 (U.S.), lead counsel for U.S. citizens and service organizations as amici curiae interested in reciprocal enforcement of treaty rights
• Dayton Park Props. L.L.P. v. Pacific Life Ins., 370 F. Supp.2d 869 (D. Minn. 2005), summary judgment in dispute concerning terms of standard securitization agreements
• Republic of Paraguay v. Gilmore , 97-1390 & Orig. 125 (U.S.), petition for certiorari and motion for leave to file original action, and Vienna Convention on Consular Relations (Para. v. U.S.), 1998 ICJ 248, application instituting proceedings, request for provisional measures, and memorial on merits arising from dispute concerning sovereign treaty rights
• Ad hoc arbitration of dispute between Hong Kong and U.S. companies concerning shipments of antimony
• Chuck Quackenbush, Claimant, and Allstate Ins. Co., Respondent , ad hoc arbitration and related judicial proceedings on remand from Quackenbush v. Allstate, 517 U.S. 706 (1996)
• In re Bucyrus-Erie Co. , No. 97 Civ. 1137 (E.D. Wisc.), adversary proceeding concerning claims of holders of senior secured notes issued in connection with LBO and subsequent exchange offer
• Société Générale v. The State Bank for Foreign Economic Affairs , 00 Civ. 3576 (S.D.N.Y.), federal interpleader and related federal and state proceedings in enforcement of sovereign debt
• Jaslow v. Pep Boys-Manny, Moe & Jack , 719 N.Y.S.2d 719 (App. Div. 2d Dept 2001), appeal of dismissal of putative class action for violation of general business law through sale of consumer product
• In re Opus360 Corp. Secs. Litig. , 2002 WL 31190157 (S.D.N.Y.), dismissal on motion of putative securities fraud class action concerning IPO of shares of internet-based business
• LASER Mortgage Mgmt. v. Nomura Secs. Int’l, Inc. , 00 Civ. 8100 (S.D.N.Y.), Steed Fin. LDC v. Nomura Secs. Int’l, Inc., 2004 WL 2072536 (S.D.N.Y.), and LaSalle Nat. Bank, as Trustee v. Nomura Asset Cap. Corp., 2004 WL 2072501 (S.D.N.Y.), voluntary dismissal with prejudice of and summary judgments against securities fraud, common-law misrepresentation, and breach of warranty claims
• Ad hoc arbitration and related litigation of dispute between U.S. public company and private offshore fund concerning an investment in the development of medical products
• Steed Fin. LDC v. Nomura Secs. Int’l, Inc. , 148 Fed.Appx. 66 (2nd Cir. 2005), and LaSalle Bank Nat’l Ass’n v. Nomura Asset Cap. Corp., 424 F.3d 195 (2d Cir. 2005), summary affirmance and affirmance in part and remand of summary judgments as to securities fraud, common law misrepresentation, and breach of warranty claims arising from securitization of commercial mortgage loan

Educational Background:

• New York University, Tisch School of the Arts (M.F.A.), Dramatic Writing Program
• Yale University (B.A., 1980, cum laude and with honors in Intensive English program)