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 and the author of the treatise Technology Transactions: A Practical Guide to Drafting and Negotiating Commercial Agreements  published by Practising Law Institute.

Mr. Malven has over twenty years of experience representing both customers and technology vendors and, by rough count, has handled over a thousand technology transactions - involving outsourcing, licensing, development, consulting, distribution, sponsored university research, manufacturing, value-added reseller, e-commerce, acquisition, and joint venture relationships. Mark has served as a primary negotiator for some of the largest outsourcing transactions of their kind ever undertaken, involving 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 an 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.

Memberships & Involvement

  • State Bar of Michigan, Information Technology Law Section, Council Member and Past Chair

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 Information Technology/Outsourcing, 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