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Bloomfield Hills, Michigan
248-203-0517

Education
Purdue University, B.S.E.
University of Michigan, J.D.
  cum laude

Admitted to Practice
Illinois  1993
U.S. Supreme Court  1998
U.S. Patent and Trademark Office  1998
Michigan  2004

Mr. Malven is the Leader of our Technology Transactions Practice and is known for his skill in the negotiation of technology transactions and the representation of technology-based businesses.  He has many years' experience acting as the outside general counsel and trusted strategic advisor for organizations in a variety of industries, with a particular focus on information technology, biotechnology, entertainment and manufacturing.  He serves as Chair-elect of the Information Technology Law Section of the State Bar of Michigan and was recognized as a Michigan Super Lawyer by the publishers of Law & Politics.

He has handled hundreds of strategic technology transactions involving development, consulting, sponsored university research, manufacturing, licensing, distribution, value-added reseller, private-label, content licensing, e-commerce, acquisition, and joint venture relationships.  Mr. Malven was one of the primary negotiators for two of the largest outsourcing transactions of their kind ever undertaken, involving billions of dollars in services.

Mr. Malven also has first-hand experience as an entrepreneur.  He served as Vice President of Business Development and General Counsel for a dotcom startup and subsequently founded and managed his own law firm.  He has guided emerging technology and Internet companies through the early stages of business plan creation, multiple rounds of venture and other funding, customer acquisition, joint venture and partnering arrangements.

Experience

Representative projects Mr. Malven has handled include:

• One of two lead negotiators for one of the largest-ever outsourcing relationships, on behalf of a large multinational, that will involve up to $10 billion in revenue over the course of the relationship.

• One of three lead negotiators for the $1.2 billion, "whole of government" IT outsourcing to be done by a state government. This effort was the first of its kind. Leader of the teams responsible for development and negotiation of the Statement of Work (the detailed description of the services and deliverables to be provided) and Service Levels (the specific performance requirements), among others.

• Represented a BPO pioneer in creating the commercial agreements for its outsourced document processing, print-and-mail and data archiving services.

• Negotiated a joint venture/licensing arrangement with a major Tier 1 Supplier for the development and sale of advanced automotive components. Sales of several billion dollars are expected over the course of the relationship.

• Negotiated Agreement to provide National Health Portal for Government of Singapore.

• Prepared comprehensive domain name strategy for large multinational company with thousands of registered domains.

• Negotiated substantial sponsored research relationships between technology-based companies and leading universities.

• Represented large companies and government entities in multi-million dollar acquisitions of IT systems and/or services.

• Represented companies and investors in venture capital and other private equity transactions ranging in size from $500k to $15 million.

• Represented buyers and sellers of businesses in a variety of industries, with purchase prices ranging from $400k to $100 million.

• Represented commercial lenders in secured loan transactions ranging in amount from $5 million to $100 million.

• Key member of team that took Gustafson v. Alloyd, a case brought under the Securities Act of 1933, to a 5-4 victory in the United States Supreme Court.

• Invented a patentable structure that significantly increased the duration of an automobile's deceleration pulse, thereby improving crashworthiness.

Seminars and Speeches

• 12/2008  Best Practices in Analyzing Your Outsourcing and Offshoring Strategies, BizSummits Teleseminar

• 10/2008  Best Practices in Analyzing Your Outsourcing Strategies, Lorman Education Services Teleseminar

• 10/2008  Outsourcing Agreements: Vendors and Purchasers Square Off, ICLE Annual Information Technology Law Seminar

• 6/2008  The Corporate Domain Name Game: Covering the Bases, 20th Annual Business Law Institute

• 10/2006  Open Source Software - Due Diligence Issues, Dykema Mergers & Acquisitions Seminar

• 2/2006  Selecting the Best Outsourcing Option, Boston techCongress

• 11/2005  Reseller and Distributor Relationships, Ann Arbor IT Zone

• 10/2005  Business Building Basics, Ann Arbor IT Zone

• 6/2005  Essential Contracts, Ann Arbor IT Zone

• 5/2005  Selecting the Best Outsourcing Option, Detroit techCongress

• 4/2005  Identifying and Protecting Your Intellectual Property Assets, Ann Arbor IT Zone

• 2/2005  Watching for Customer Distress Signals, Ann Arbor IT Zone

• 6/2002  Identifying & Protecting Your Intellectual Property, Chicago Chamber of Commerce

• 4/2002  Reseller and Distributor Relationships, Chicago Bar Association

• 2001  Building a Technology Business, Prairie Angels

Publications

• "Technology Outsourcing: Move It Now or Fix It First?," Michigan IT Lawyer Newsletter  (August 2008)

• "Business Software Alliance Targets Michigan Businesses," Litigation Section Newsletter of State Bar of Michigan  (January 2008)

• "Democracy 2.0: It's Athens All Over Again," Ann Arbor Business Review  (June 2006)

• "Is Michigan's Online Learning Requirement a Good Thing?," Ann Arbor Business Review  (May 2006)

• "Supreme Court Makes It Easier to Require Additional Purchases as Part of the Sale of Patented Products," Great Lakes IT Report, Technology and the Law edition  (April 2006)

• "Web 2.0 and the Law," Ann Arbor Business Review  (April 2006)

• "The New Face of E-Journalism," Ann Arbor Business Review  (March 2006)

• "Fight Brewing Over Privacy of Search Engine Data," Great Lakes IT Report, Technology and the Law edition  (February 2006)

• "Michigan Could Benefit from Advanced Energy Funding," Ann Arbor Business Review  (February 2006)

• "The Third Rail of Telecom Policy: A La Carte Cable," Ann Arbor Business Review  (January 2006)

• "E-Mail Not Necessarily Equivalent to a Letter," Ann Arbor Business Review  (December 2005)

• "Tech and the New Supreme Court," Ann Arbor Business Review  (November 2005)

• "Tech & The New Chief Justice," Great Lakes IT Report, Technology and the Law edition  (November 2005)

• "Protecting Your Assets: Open Source Software," Ann Arbor Business Review  (October 2005)

• "Cookie Stuffing Hurting Merchants," Great Lakes IT Report, Technology and the Law edition  (October 2005)

• "Michigan Tech Not Dead: Just Look at the Calendar," Ann Arbor Business Review  (September 2005)

• "Granholm Delivers Welcome Message to Japan," Ann Arbor Business Review  (August 2005)

• "What's 'Next' Is Hot Topic in Michigan," Great Lakes IT Report, Technology and the Law edition  (July 2005)

• "Good Bye, Grokster," Ann Arbor Business Review  (July 2005)

• "Covansys Executes One of the First-Ever T's Under a BOT Agreement," Ann Arbor Business Review  (June 2005)

• "When Medicine and Technology Collide, It's Healthy for Michigan," Ann Arbor Business Review  (June 2005)

• "Taiwan-China Struggle To Cause New Controls Over Global Tech Company Transfer," Great Lakes IT Report, Technology and the Law edition  (May 2005)

• "U of M Gets Googled, and They Like It," Ann Arbor Business Review  (March 2005)

• "Wireless Cities Cool? Or Misguided?," Ann Arbor Business Review  (February 2005)

• "Phishing the New Wave of Cyber-Crime," Great Lakes IT Report, Technology and the Law edition  (December 2004)

• "Microsoft a Favorite Target," Ann Arbor Business Review  (October 2004)

• "Just STOP It," Ann Arbor Business Review  (October 2004)

• "CAPITOL UPDATE - The Induce Act of 2004...or 2005?," Great Lakes IT Report, Technology and the Law edition  (October 2004)

• "Judge Tosses Pa. Law Forcing ISPs to Block Child Porn Sites," Great Lakes IT Report, Technology and the Law edition  (September 2004)

• "Don't Let Metadata Embarrass Your Business," Great Lakes IT Report, Technology and the Law edition  (September 2004)

• "Napster Heat Won't Go Away," Great Lakes IT Report, Technology and the Law edition  (August 2004)

• "Prosecutors, ISP in Fight Over Child Pornography Content," Great Lakes IT Report, Technology and the Law edition  (August 2004)

• "TIPS, TRICKS, AND BEST PRACTICES - Avoid Grief by Educating Customers," Great Lakes IT Report, Technology and the Law edition  (August 2004)

• "Digital Music Death Knell?," Great Lakes IT Report, Technology and the Law edition  (July 2004)

• "CONSUMER PRIVACY - Spyware Just Don't Die," Great Lakes IT Report, Technology and the Law edition  (July 2004)

• "Shadow Liens: A Lien by Any Other Name...," Illinois Bar Journal  (Winner of the Lincoln Award for Outstanding Legal Writing)  (February 1995)

Professional Associations

• Chicago Bar Association

• State Bar of Michigan (Chair-elect, Information Technology Law Section)

Civic and Cultural Involvements

• Faith Covenant Church (Adult Discipleship Commission)