Current Employment Position(s)

Partner

Lawyer Overview

Tom Malcolm practices in every area of business litigation including, but not limited to, commercial disputes, antitrust, unfair competition, construction disputes, tax, hostile takeovers, toxic torts, computer software, land subsidence partnership dissolution, trust and estates, insurance, discrimination, labor (management), and wrongful termination. He has tried more than 100 complex business litigation trials, including 30 jury trials to verdict.

Tom is a member of the Orange County Bar Association (president, 1992; chairman of the Business Litigation Section, 1987). Tom was president of the Federal Bar Association of Orange County, president of the Association of Business Trial Lawyers for Orange County (1999), former chair of Governor Pete Wilson's Judicial Selection Committee for Orange County for eight years, chair of Governor Schwarzenegger's Judicial Selection Committee for Orange County, a member of the U.S. District Court six-person Bi-Partisan Selection Committee appointed by President Bush (2004), a Fellow of the American College of Trial Lawyers, state chair of the Southern California Committee of the American College of Trial Lawyers (1997-1998), and a member of the American Board of Trial Advocates.

Tom regularly speaks, lectures, and teaches on subjects ranging from intellectual property and unfair competition to damage valuations and trial advocacy. He has been listed in the business litigation section of The Best Lawyers in America for 15 years and was the Orange County Trial Lawyers Association's 1997 Business Litigation Trial Lawyer of The Year. He has been listed for many years in the Los Angeles Journal's "The 100 Most Influential Lawyers in California." Tom was also named the past two years in Lawdragon as one of the top 500 attorneys in the country and has been named as a Southern California Super Lawyer every year since 2004. Tom was the 2001 recipient of the Franklin G. West Award and the 2005 recipient of the Marcus Kaufman ADL Jurisprudence Award.

Areas of Practice

• Trial Practice
• Alternative Dispute Resolution & Mediation
• Construction Litigation
• International Litigation & Arbitration
• Construction

Representative Cases

• Baxter Laboratories v. Immuno Science
• Colonies Partners, LP v. San Bernardino County Flood Control District
• Creative Products Group v. Decolec Co., Ltd. (AAA International Centre for Dispute Resolution)
• Doctors Medical Center Modesto, et al. v. Health Net Inc. et al., and related cross-claims
• Metro East Consultants v. Los Angeles County Metropolitan Transportation Authority, Case No. BC162753 (Los Angeles County Superior Court)
• MTA v. Allianz Global Risks
• MTA v. Allianz Insurance Company
• PCM v. Bradford National
• People v. Cole National Corporation, No. GIC783135 S.D.S.C.; Nos. D041969, D040475, D042819 C.A.F.C.
• Quiet Cannon v. Port of Long Beach
• SCLM Operating Engineers Contract Compliance Committee, et al. v. Southern California Regional Rail Authority (SCRRA)
• Shea-Kiewit-Kenny v. Los Angeles County Metropolitan Transportation Authority
• Sisters of Providence v. Diversified Developers, Vincent T. Raney, et al.
• Stevedores Services of America (SSA) v. Port of Los Angeles
• United States Surgical Corp. v. Applied Medical Resources Corp., No. 99-625 U.S.D.C. C.D.S.D
• Velasco, et al. v. Shea Homes, Chevron Oil, City of Fullerton, et al.
• Westar Development v. Coldwell Banker Commercial
• Judicial Performance Commission Hearing
• SR-22 Design-Build Freeway Project

West Practice Categories

Bankruptcy Litigation, Business & Commercial Law, Class Actions, Complex Litigation, Contracts, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, International Trade Litigation, Litigation & Appeals, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, State Appellate Practice, State Trial Practice, Tax Litigation, US Court of Appeals for the Federal Circuit, US Supreme Court

Bar Admissions

• California

Education

• U of California - Hastings

Published Works

• Why Clients Change Lawyers in the Middle of a Case, Association of Business Trial Lawyers, 2008

Address

3 Park Plaza
Suite 1100
Irvine, CA 92614-2592

Phones

1.949.553.7593 (Business Phone)

Faxes

1.949.553.7539 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com