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.
  • State Bar of Michigan IT Law Section Annual Meeting & IT Seminar, Moderator, Plymouth, Michigan
    September 7, 2017
  • State Bar of Michigan IT Law Section Annual Meeting & IT Seminar, Moderator, Plymouth, Michigan
    September 8, 2016
  • State Bar of Michigan IT Law Section Annual Meeting & IT Seminar, Moderator, Plymouth, Michigan
    September 10, 2015
  • Business Building Basics, Ann Arbor Spark, Business Law & Order Series
    March 2014
  • Business Structure, and Development of Management Teams and Scientific Advisory Boards, MichBio Entrepreneurial Bootcamp, Bio Pharma Drug Development
    June 2013
  • Keys to Technology Licensing, Ann Arbor Spark, Business Law & Order Series
    January 2013
  • The Keys to Technology Licensing, Ann Arbor Spark, Business Law & Order Series
    January 2012
  • The Basics of IT Contracting in Health Care, Teleconference sponsored by Health Care and IT Law Sections of the State Bar of Michigan
    January 2012
  • The Keys to Technology Licensing, Fourth Annual ICLE Information Technology Law Seminar
    September 2011
  • IP Licensing Issues for Small and Emerging Businesses, Ann Arbor Spark, Business Law & Order Series
    April 2011
  • Top 10 Mistakes in Licensing Agreements, Licensing Executives Society
    November 2009
  • Tech Law and Outsourcing Update, Institute of Management Accountants
    October 2009
  • Best Practices in Analyzing Your Outsourcing and Offshoring Strategies, BizSummits Teleseminar
    December 2008
  • Outsourcing Agreements: Vendors and Purchasers Square Off, ICLE Annual Information Technology Law Seminar
    October 2008
  • Best Practices in Analyzing Your Outsourcing Strategies, Lorman Education Services Teleseminar
    October 2008
  • The Corporate Domain Name Game: Covering the Bases, 20th Annual Business Law Institute
    June 2008
  • Open Source Software—Due Diligence Issues, Dykema Mergers & Acquisitions Seminar
    October 2006
  • Selecting the Best Outsourcing Option, Boston techCongress
    February 2006
  • Reseller and Distributor Relationships, Ann Arbor IT Zone
    November 2005
  • Business Building Basics, Ann Arbor IT Zone
    November 2005
  • Essential Contracts, Ann Arbor IT Zone
    June 2005
  • Selecting the Best Outsourcing Option, Detroit techCongress
    May 2005
  • Identifying and Protecting Your Intellectual Property Assets, Ann Arbor IT Zone
    April 2005
  • Watching for Customer Distress Signals, Ann Arbor IT Zone
    February 2005
  • Identifying & Protecting Your Intellectual Property, Chicago Chamber of Commerce
    June 2002
  • Reseller and Distributor Relationships, Chicago Bar Association
    April 2002
  • Building a Technology Business, Prairie Angels
    2001
  • Technology Transactions: A Practical Guide to Drafting and Negotiating Commercial Agreements
    2015-2018
    Practising Law Institute
    http://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, 2012
    InsideCounsel.com
  • "Technology Licensing: Defining Licensor and Licensee Rights to Pursue Infringers"
    February 17, 2012
    InsideCounsel.com
  • "Technology Licensing: Understanding the Intersection of Bankruptcy Law and Technology Licensing"
    February 3, 2012
    InsideCounsel.com
  • Technology Licensing: Six Keys to Drafting the Royalty and Financial Terms"
    January 20, 2012
    InsideCounsel.com
  • "Technology Licensing: Five Keys to Drafting Technology Licenses"
    January 6, 2012
    InsideCounsel.com
  • "Technology Licensing: Understanding the Basics"
    December 23, 2011
    InsideCounsel.com
  • "Beware of Joint Ownership of IP Between Alliance Partners"
    Joint ownership can be fraught with unintended consequences
    January 28, 2011
    InsideCounsel.com
  • "Outsourcing Transactions—Strategies, Tactics and Gotchas—Part 4"
    A checklist of potential pitfalls and common mistakes in outsourcing agreements
    January 14, 2011
    InsideCounsel.com
  • "Outsourcing Transactions—Strategies, Tactics and Gotchas—Part 3"
    Take particular care in defining the scope of the services and the parties’ respective rights to terminate
    December 31, 2010
    InsideCounsel.com
  • "Outsourcing Transactions—Strategies, Tactics and Gotchas—Part 2"
    Employee, tax and exchange rate issues can be significant, and should be addressed early
    December 17, 2010
    InsideCounsel.com
  • "Outsourcing Transactions—Strategies, Tactics and Gotchas—Part 1"
    When it comes to business process outsourcing, should you move it now or fix it first?
    December 3, 2010
    InsideCounsel.com
  • "Software Piracy Watchdogs Will Pay up to $1,000,000 Bounty to Corporate Whistleblowers"
    November 2010
    InsideCounsel.com
  • "Technology Outsourcing: Move It Now or Fix It First?"
    August 2008
    Michigan IT Lawyer Newsletter
  • "Business Software Alliance Targets Michigan Businesses"
    January 2008
    Litigation Section Newsletter, State Bar of Michigan
  • "Democracy 2.0: It's Athens All Over Again"
    June 2006
    Ann Arbor Business Review
  • "Is Michigan's Online Learning Requirement a Good Thing?"
    May 2006
    Ann Arbor Business Review
  • "Supreme Court Makes It Easier to Require Additional Purchases as Part of the Sale of Patented Products"
    April 2006
    Great Lakes IT Report, Technology and the Law edition
  • "Web 2.0 and the Law"
    April 2006
    Ann Arbor Business Review
  • "Fight Brewing Over Privacy of Search Engine Data"
    February 2006
    Great Lakes IT Report, Technology and the Law Edition
  • "Michigan Could Benefit from Advanced Energy Funding"
    February 2006
    Ann Arbor Business Review
  • "The Third Rail of Telecom Policy: A La Carte Cable"
    January 2006
    Ann Arbor Business Review
  • "Tech and the New Supreme Court"
    November 2005
    Ann Arbor Business Review
  • "Tech & The New Chief Justice"
    November 2005
    Great Lakes IT Report, Technology and the Law Edition
  • "E-Mail Not Necessarily Equivalent to a Letter"
    November 2005
    Ann Arbor Business Review
  • "Cookie Stuffing Hurting Merchants"
    October 2005
    Great Lakes IT Report, Technology and the Law Edition
  • "Protecting Your Assets: Open Source Software"
    October 2005
    Ann Arbor Business Review
  • "Michigan Tech Not Dead: Just Look at the Calendar"
    September 2005
    Ann Arbor Business Review
  • "Granholm Delivers Welcome Message to Japan"
    August 2005
    Ann Arbor Business Review
  • "Good Bye, Grokster,"
    July 2005
    Ann Arbor Business Review
  • "What's 'Next' Is Hot Topic in Michigan,"
    July 2005
    Great Lakes IT Report, Technology and the Law edition
  • "When Medicine and Technology Collide, It's Healthy for Michigan,"
    June 2005
    Ann Arbor Business Review
  • "Covansys Executes One of the First-Ever T's Under a BOT Agreement,"
    June 2005
    Ann Arbor Business Review
  • "Taiwan-China Struggle To Cause New Controls Over Global Tech Company Transfer,"
    May 2005
    Great Lakes IT Report, Technology and the Law edition
  • "U of M Gets Googled, and They Like It,"
    March 2005
    Ann Arbor Business Review
  • "The New Face of E-Journalism,"
    March 2005
    Ann Arbor Business Review
  • "Wireless Cities Cool? Or Misguided?,"
    February 2005
    Ann Arbor Business Review
  • "Phishing the New Wave of Cyber-Crime,"
    December 2004
    Great Lakes IT Report, Technology and the Law edition
  • "CAPITOL UPDATE - The Induce Act of 2004...or 2005?"
    October 2004
    Great Lakes IT Report, Technology and the Law edition
  • "Microsoft a Favorite Target,"
    October 2004
    Ann Arbor Business Review
  • "Just STOP It,"
    October 2004
    Ann Arbor Business Review
  • "Judge Tosses Pa. Law Forcing ISPs to Block Child Porn Sites,"
    September 2004
    Great Lakes IT Report, Technology and the Law edition
  • "Don't Let Metadata Embarrass Your Business"
    September 2004
    Great Lakes IT Report, Technology and the Law edition
  • "Prosecutors, ISP in Fight Over Child Pornography Content,"
    August 2004
    Great Lakes IT Report, Technology and the Law edition
  • "TIPS, TRICKS, AND BEST PRACTICES - Avoid Grief by Educating Customers,"
    August 2004
    Great Lakes IT Report, Technology and the Law edition
  • "Napster Heat Won't Go Away"
    August 2004
    Great Lakes IT Report, Technology and the Law edition
  • "CONSUMER PRIVACY - Spyware Just Don't Die"
    July 2004
    Great Lakes IT Report, Technology and the Law edition
  • "Digital Music Death Knell?"
    July 2004
    Great Lakes IT Report, Technology and the Law edition
  • "Shadow Liens: A Lien by Any Other Name..."
    February 1995
    Illinois Bar Journal, Winner of the Lincoln Award for Outstanding Legal Writing

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