Areas of Practice
Industries
Bar Admissions
- Illinois, 1993
- Michigan, 2004
Court Admissions
- U.S. Supreme Court, 1998
- U.S. Patent and Trademark Office, 1998
Education
University of Michigan, J.D., cum laude
Purdue University, B.S., Mechanical Engineering
Mark G. Malven is the leader of Dykema’s Technology and Outsourcing Transactions practice, co-leader of the Mobility and Advanced Transportation Team and lead author of the best-selling treatise Technology Transactions: A Practical Guide to Drafting and Negotiating Commercial Agreements published by Practising Law Institute.
Mr. Malven has over twenty five years of experience representing both customers and technology vendors and has handled over two thousand technology transactions - involving outsourcing, licensing, cloud services, development, consulting, distribution, sponsored university research, manufacturing, value-added reseller, acquisition, and joint venture relationships. Mark uses his technology transactions and automotive industry experience to serve leading providers of autonomous vehicle and advanced mobility technologies in some of their most mission-critical transactions. His experience also includes serving as a primary negotiator for some of the largest outsourcing transactions of their kind ever undertaken, which have involved billions of dollars in services. He is a licensed patent attorney, holds an AV® Preeminent™ Rating from Martindale-Hubbell, has been recognized by Super Lawyers, Leading Lawyers and dBusiness magazines in the areas of Information Technology and Outsourcing, and is a past Chair of the Information Technology Law Section of the State Bar of Michigan.
Mr. Malven's business and finance law experience includes representing both businesses and investors in enterprise formation, venture capital and other private financing, public financing, acquisitions and divestitures, and strategic alliances.
He 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.
Mr. Malven was a crash safety engineer at Chrysler Motors before attending law school. He is also Open Source Certified by Black Duck Software.
Experience
- One of two lead negotiators for one of the largest-ever IT outsourcing relationships, on behalf of a large multinational, that to date has involved more than $20 billion in revenue.
- 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.
- One of two lead negotiators of the Revenue Cycle Outsourcing for a preeminent healthcare system, which will involve the management of over $2 Billion in annual revenue.
- Represented a BPO pioneer in creating the commercial agreements for its outsourced document processing, print-and-mail and data archiving services.
- Represented customers in BPO sourcing transactions for human resources (including recruiting, international relocation and international payroll services), finance and accounting, 3PL (third party logistics), customer service, call center, online learning, and other business processes.
- Represent a number of providers of technology-based products and services as primary contract negotiator.
- 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 were expected over the course of the relationship.
- Negotiated agreements 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.
- Represented buyers and sellers of businesses in a variety of industries.
- 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 & Speeches
- September 10, 2020
- World Services Group Annual Meeting, Featured speaker, Washington, D.C.September 4-6, 2019
- State Bar of Michigan IT Law Section’s 12th Annual Information Technology Seminar & Annual Meeting, Featured speaker, Plymouth, MISeptember 12, 2019
- State Bar of Michigan IT Law Section’s Annual Meeting & Seminar, Moderator, Plymouth, MISeptember 6, 2019
- State Bar of Michigan IT Law Section Annual Meeting & IT Seminar, Moderator, Plymouth, MichiganSeptember 7, 2017
- State Bar of Michigan IT Law Section Annual Meeting & IT Seminar, Moderator, Plymouth, MichiganSeptember 8, 2016
- State Bar of Michigan IT Law Section Annual Meeting & IT Seminar, Moderator, Plymouth, MichiganSeptember 10, 2015
- Business Building Basics, Ann Arbor Spark, Business Law & Order SeriesMarch 2014
- Business Structure, and Development of Management Teams and Scientific Advisory Boards, MichBio Entrepreneurial Bootcamp, Bio Pharma Drug DevelopmentJune 2013
- Keys to Technology Licensing, Ann Arbor Spark, Business Law & Order SeriesJanuary 2013
- The Keys to Technology Licensing, Ann Arbor Spark, Business Law & Order SeriesJanuary 2012
- The Basics of IT Contracting in Health Care, Teleconference sponsored by Health Care and IT Law Sections of the State Bar of MichiganJanuary 2012
- The Keys to Technology Licensing, Fourth Annual ICLE Information Technology Law SeminarSeptember 2011
- IP Licensing Issues for Small and Emerging Businesses, Ann Arbor Spark, Business Law & Order SeriesApril 2011
- Top 10 Mistakes in Licensing Agreements, Licensing Executives SocietyNovember 2009
- Tech Law and Outsourcing Update, Institute of Management AccountantsOctober 2009
- Best Practices in Analyzing Your Outsourcing and Offshoring Strategies, BizSummits TeleseminarDecember 2008
- Outsourcing Agreements: Vendors and Purchasers Square Off, ICLE Annual Information Technology Law SeminarOctober 2008
- Best Practices in Analyzing Your Outsourcing Strategies, Lorman Education Services TeleseminarOctober 2008
- The Corporate Domain Name Game: Covering the Bases, 20th Annual Business Law InstituteJune 2008
- Open Source Software—Due Diligence Issues, Dykema Mergers & Acquisitions SeminarOctober 2006
- Selecting the Best Outsourcing Option, Boston techCongressFebruary 2006
- Business Building Basics, Ann Arbor IT ZoneNovember 2005
- Reseller and Distributor Relationships, Ann Arbor IT ZoneNovember 2005
- Essential Contracts, Ann Arbor IT ZoneJune 2005
- Selecting the Best Outsourcing Option, Detroit techCongressMay 2005
- Identifying and Protecting Your Intellectual Property Assets, Ann Arbor IT ZoneApril 2005
- Watching for Customer Distress Signals, Ann Arbor IT ZoneFebruary 2005
- Identifying & Protecting Your Intellectual Property, Chicago Chamber of CommerceJune 2002
- Reseller and Distributor Relationships, Chicago Bar AssociationApril 2002
- Building a Technology Business, Prairie Angels2001
Publications
- 2015-2018Practising Law Institutehttp://www.pli.edu/Content/Treatise/Technology_Transactions_A_Practical_Guide/_/N-4lZ1z12687?ID=232694
- "Technology Licensing: Licensee Transferability Rights Are Unique Under the Law—Avoiding M & A Surprises"March 2, 2012InsideCounsel.com
- "Technology Licensing: Defining Licensor and Licensee Rights to Pursue Infringers"February 17, 2012InsideCounsel.com
- "Technology Licensing: Understanding the Intersection of Bankruptcy Law and Technology Licensing"February 3, 2012InsideCounsel.com
- Technology Licensing: Six Keys to Drafting the Royalty and Financial Terms"January 20, 2012InsideCounsel.com
- "Technology Licensing: Five Keys to Drafting Technology Licenses"January 6, 2012InsideCounsel.com
- "Technology Licensing: Understanding the Basics"December 23, 2011InsideCounsel.com
- Joint ownership can be fraught with unintended consequencesJanuary 28, 2011InsideCounsel.com
- A checklist of potential pitfalls and common mistakes in outsourcing agreementsJanuary 14, 2011InsideCounsel.com
- Take particular care in defining the scope of the services and the parties’ respective rights to terminateDecember 31, 2010InsideCounsel.com
- Employee, tax and exchange rate issues can be significant, and should be addressed earlyDecember 17, 2010InsideCounsel.com
- When it comes to business process outsourcing, should you move it now or fix it first?December 3, 2010InsideCounsel.com
- "Software Piracy Watchdogs Will Pay up to $1,000,000 Bounty to Corporate Whistleblowers"November 2010InsideCounsel.com
- "Technology Outsourcing: Move It Now or Fix It First?"August 2008Michigan IT Lawyer Newsletter
- "Business Software Alliance Targets Michigan Businesses"January 2008Litigation Section Newsletter, State Bar of Michigan
- "Democracy 2.0: It's Athens All Over Again"June 2006Ann Arbor Business Review
- "Is Michigan's Online Learning Requirement a Good Thing?"May 2006Ann Arbor Business Review
- "Supreme Court Makes It Easier to Require Additional Purchases as Part of the Sale of Patented Products"April 2006Great Lakes IT Report, Technology and the Law edition
- "Web 2.0 and the Law"April 2006Ann Arbor Business Review
- "Fight Brewing Over Privacy of Search Engine Data"February 2006Great Lakes IT Report, Technology and the Law Edition
- "Michigan Could Benefit from Advanced Energy Funding"February 2006Ann Arbor Business Review
- "The Third Rail of Telecom Policy: A La Carte Cable"January 2006Ann Arbor Business Review
- "E-Mail Not Necessarily Equivalent to a Letter"November 2005Ann Arbor Business Review
- "Tech and the New Supreme Court"November 2005Ann Arbor Business Review
- "Tech & The New Chief Justice"November 2005Great Lakes IT Report, Technology and the Law Edition
- "Protecting Your Assets: Open Source Software"October 2005Ann Arbor Business Review
- "Cookie Stuffing Hurting Merchants"October 2005Great Lakes IT Report, Technology and the Law Edition
- "Michigan Tech Not Dead: Just Look at the Calendar"September 2005Ann Arbor Business Review
- "Granholm Delivers Welcome Message to Japan"August 2005Ann Arbor Business Review
- "What's 'Next' Is Hot Topic in Michigan,"July 2005Great Lakes IT Report, Technology and the Law edition
- "Good Bye, Grokster,"July 2005Ann Arbor Business Review
- "Covansys Executes One of the First-Ever T's Under a BOT Agreement,"June 2005Ann Arbor Business Review
- "When Medicine and Technology Collide, It's Healthy for Michigan,"June 2005Ann Arbor Business Review
- "Taiwan-China Struggle To Cause New Controls Over Global Tech Company Transfer,"May 2005Great Lakes IT Report, Technology and the Law edition
- "The New Face of E-Journalism,"March 2005Ann Arbor Business Review
- "U of M Gets Googled, and They Like It,"March 2005Ann Arbor Business Review
- "Wireless Cities Cool? Or Misguided?,"February 2005Ann Arbor Business Review
- "Phishing the New Wave of Cyber-Crime,"December 2004Great Lakes IT Report, Technology and the Law edition
- "Microsoft a Favorite Target,"October 2004Ann Arbor Business Review
- "Just STOP It,"October 2004Ann Arbor Business Review
- "CAPITOL UPDATE - The Induce Act of 2004...or 2005?"October 2004Great Lakes IT Report, Technology and the Law edition
- "Don't Let Metadata Embarrass Your Business"September 2004Great Lakes IT Report, Technology and the Law edition
- "Judge Tosses Pa. Law Forcing ISPs to Block Child Porn Sites,"September 2004Great Lakes IT Report, Technology and the Law edition
- "Napster Heat Won't Go Away"August 2004Great Lakes IT Report, Technology and the Law edition
- "Prosecutors, ISP in Fight Over Child Pornography Content,"August 2004Great Lakes IT Report, Technology and the Law edition
- "TIPS, TRICKS, AND BEST PRACTICES - Avoid Grief by Educating Customers,"August 2004Great Lakes IT Report, Technology and the Law edition
- "Digital Music Death Knell?"July 2004Great Lakes IT Report, Technology and the Law edition
- "CONSUMER PRIVACY - Spyware Just Don't Die"July 2004Great Lakes IT Report, Technology and the Law edition
- "Shadow Liens: A Lien by Any Other Name..."February 1995Illinois Bar Journal, Winner of the Lincoln Award for Outstanding Legal Writing
News
- November 2, 2020
- September 8, 2020
- February 10, 2020
- January 13, 2020
- September 11, 2019
- Dykema attorneys will serve as featured speakers for a panel on mobility and autonomous vehiclesSeptember 4, 2019
- August 30, 2018
- March 19, 2018
- September 19, 2016
- August 26, 2015
- March 6, 2015
- Twenty-Three Other Dykema Lawyers Identified as Rising StarsSeptember 5, 2013
- November 7, 2012
- September 8, 2011Modernhealthcare.com
Alerts
- January 31, 2017
- September 9, 2016
- Court clarifies proofs under CFAA and twice constrains E-Discovery sanctionsFebruary 26, 2015
- July 11, 2014
- April 11, 2014
- February 18, 2014
- December 19, 2013
- August 14, 2013
- March 1, 2012
Press Releases
- September 18, 2020
- 18 Attorneys Earn “Lawyer of the Year” HonorsAugust 20, 2020
- October 7, 2019
- August 22, 2019
- April 24, 2019
- September 7, 2018
- September 5, 2017
- September 1, 2016
- November 16, 2015
- September 8, 2015
- March 24, 2015
- September 2, 2014
- January 12, 2012
- September 19, 2011
- October 18, 2010
- September 9, 2010
- July 12, 2010
- January 8, 2009
Memberships & Involvement
- State Bar of Michigan, Information Technology Law Section, Council Member and Past Chair
Awards & Recognition
Recognized in The Best Lawyers in America® for Technology Law, 2021. Copyright 2015 by Woodward/White, Inc., Aiken, SC
Recipient of an AV® Preeminent™ Rating by Martindale-Hubbell (the highest possible rating in both legal ability and ethical standards)
Recognized in Michigan Super Lawyers® for Technology Transactions, Mergers & Acquisitions, and Business/Corporate, 2009-Present
Named a Michigan Leading Lawyer in the areas of Bio Technology and Computer & Technology Law by the Leading Lawyers Network, 2014-2017. Law Bulletin Publishing Company
Named a Top Lawyer by dbusiness Magazine for Mergers & Acquisitions, 2013, 2016
36th Annual Lincoln Award for Outstanding Legal Writing, presented by Illinois State Bar Association