Malcolm, Thomas R.

Current Employment Position(s)

Of Counsel

Lawyer Overview

Tom Malcolm practices in every area of complex business litigation. He has tried more than 100 complex business litigation trials, including 30 jury trials to verdict.

Tom has held leadership roles in many legal organizations, including president of the Orange County Bar Association (1992) and chairman of the Business Litigation Section (1987), president of the Federal Bar Association of Orange County, president of the Association of Business Trial Lawyers (1999), chair of Governor Pete Wilson's Judicial Selection Committee for Orange County for eight years, member of Governor Schwarzenegger's Judicial Selection Committee, member of the U.S. District Court Bi-Partisan Selection Committee appointed by President Bush (2004), Fellow of the American College of Trial Lawyers (1997-1998), and member of the American Board of Trial Advocates.

Tom regularly lectures on complex business litigation topics. He has been listed in 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 is routinely ranked among the Los Angeles Journal's "The 100 Most Influential Lawyers in California." Tom was also named by Lawdragon as one of the top 500 attorneys in the country and has been named to Southern California Super Lawyers since 2004. Tom was the 2001 recipient of the Franklin G. West Award, the 2005 recipient of the Marcus Kaufman ADL Jurisprudence Award, and the 2009 recipient of the Judge Alice Marie Stotler Award by the Federal Bar Association.

Areas of Practice

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

Representative Cases

• Applied Medical Resources defends against trade secret theft claims and prevails in malicious prosecution trial
• CB Richard Ellis defends against litigation involving breach of contract and disparate impact discrimination
• Cole National challenges California restrictions on business and financial relationships between opticians and optometrist or ophthalmologist , (2009)
• Experian wins appeal of California antitrust action filed by consumer credit report resellers , (2009)
• Goodrich prevails in case involving breach of contract and fraud stemming from stock purchase agreement , (2009)
• Los Angeles MTA defeats challenge by unsuccessful bidder to award $65 million construction management contract
• Los Angeles MTA recovers from insurance company in successful arbitration arising from El Niño storms , (2009)
• Los Angeles MTA resolves series of lawsuits involving over $100 million in subway construction claims after termination of general contractor
• Los Angeles MTA successfully litigates builder's risk insurance claim for partial collapse of subway tunnel and subsidence of Hollywood Boulevard
• Orange County Transportation Authority defends against construction litigation involving claims in excess of $120 million
• Quiet Cannon Restaurant prevails in civil rights litigation against Port of Long Beach, CA
• San Bernadino County settles liability trial in inverse condemnation case
• Southern California Regional Rail Authority defeats trade union's petition for writ of mandate seeking to compel SCRRA's bid for construction of Pomona station
• Street Surfing successful in "Bet the company" international arbitration against a Korean company, Decolee , (2009)
• Tenet Healthcare Systems achieves favorable settlement in arbitration for unpaid reimbursement

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 - Berkeley
• U of California - Hastings

Published Works

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

Address

3161 Michelson Drive, Suite 800
Irvine, CA 92612-4408

Phones

1.949.553.7593 (Business Phone)

Faxes

1.949.553.7539 (Business Fax)

Emails

Contact Us

Websites

http://www.jonesday.com