Robert E. Malchman

Of Counsel

Academic Background
  • S.B., Massachusetts Institute of Technology
  • J.D., University of Michigan Law School, cum laude; Production Editor, University of Michigan Journal of Law Reform; Second Place, Henry M. Campbell Moot Court Competition
Bar and Court Admissions
  • New York
  • Sixth Circuit
  • Eastern District of New York
  • Southern District of New York
  • Western District of New York

Robert E. Malchman

Of Counsel

Profile

Robert E. Malchman has extensive experience in all kinds of civil litigation from contract and tort disputes, to hostile corporate takeovers, to asset recovery and corporate restructurings, to work for individuals who are targets of harassment or discrimination.  Whether working with multinational corporations or private individuals, Robert believes in clear and candid communications with his clients, who are the ultimate decision-makers.  Robert works with clients to identify and evaluate legal options, to ensure they understand the issues, benefits, risks and costs attending each option and to provide them with the information necessary to decide on the best approach to addressing a legal issue.

Prior to joining ABV, Robert was first General Counsel, then special litigation counsel to PlusFunds Group, Inc., a registered investment advisor, and its successor, the PlusFunds General Trust, during its restructuring and liquidation.  Robert assisted in reducing unsecured claims against PlusFunds from over $586 million to under $5 million through successful objections and settlements.

Prior to his work for PlusFunds, Robert was affiliated with Gibson, Dunn & Crutcher LLP in the litigation department of its New York office for 14 years.  He taught Legal Research & Writing for six years as a full-time faculty member at the law schools at SUNY Buffalo, Georgetown University and St. John’s University, and was an Adjunct Professor of Law at the Benjamin N. Cardozo School of Law for 13 years.  After graduating from law school, Robert served as a law clerk to Judge David A. Nelson of the United States Court of Appeals for the Sixth Circuit.

Academic Background
  • S.B., Massachusetts Institute of Technology
  • J.D., University of Michigan Law School, cum laude; Production Editor, University of Michigan Journal of Law Reform; Second Place, Henry M. Campbell Moot Court Competition
Bar and Court Admissions
  • New York
  • Sixth Circuit
  • Eastern District of New York
  • Southern District of New York
  • Western District of New York

Representative Matters

  • Defended insurance holding company and prevailed on counterclaims at trial and on appeal in quiet-title action brought by New York’s Superintendent of Financial Services in state court and removed to federal court under the bankruptcy removal statute.  In re Frontier Ins. Group, Inc. (Lawsky v. Frontier Ins. Group, LLC), 517 B.R. 496 (Bankr. S.D.N.Y. 2014), decision after trial, 585 B.R. 685 (Bankr. S.D.N.Y. 2018), aff’d, 598 B.R. 87 (S.D.N.Y. 2019).
  • Special litigation counsel to liquidating Chapter 11 debtor PlusFunds Group, Inc.  Assisted in reducing unsecured claims from over $586 million to under $5 million through successful objections and settlements.
  • Prevailed after bench trial representing payee party to Moroccan settlement agreement to collect on payor’s assets in New York State.  Developed Moroccan law expert’s affirmations and trial testimony.  Kotbi v. Najjar, 2023 NY Slip Op. 31092(U), Nos. 153147/2013, 654263/2019 (Sup. Ct. N.Y. Cty. Apr. 6, 2023).
  • Represented Canadian company in action against and settlement with Ferrari North America, Inc., for copyright infringement and violation of the New Jersey Trade Secrets Act.
  • Defended Saudi partner in action by United Arab Emirates bank to recover on a foreign-exchange transactions cleared in New York but implicating Saudi, UAE and English law.
  • Defended petroleum company in pipeline supplier’s contract action governed by the Bolivian Civil Code.  Developed Bolivian law expert’s declaration for use in federal action.  Walpex Trading Co. v. Yacimientos Petroliferos Fiscales Bolivianos, 890 F. Supp. 300 (S.D.N.Y 1995) (granting summary judgment to petroleum company).
  • Coordinated litigation in the United States, France and Brazil for chemical company group seeking compensation from predecessor entity for environmental pollution.  Developed French law expert’s declaration for use in S.D.N.Y. action.
  • Represented liquidators of foreign lender in New York action under Thai law against guarantor of the debt.  Developed affidavit of Thai law expert.
  • Represented family investment and charitable funds in actions to recover assets obtained from them by fraud.  Parlin Funds LLC v. Gilliams, 2012 U.S. Dist. LEXIS 152389, 2012 WL 5258984 (S.D.N.Y. Oct. 23, 2012), adopting report and recommendation, 2012 U.S. Dist. LEXIS 153634, 2012 WL 5265554 (June 15, 2012).
  • Represented interior design clients in disputes involving dissatisfied customers.
  • Defended successor company in contract action by predecessor company’s former officer claiming right to equity interest in successor.
  • Defended online business-to-business auction house against repeated claims by dissatisfied buyer.
  • Represented target of harassive litigation by client’s former boyfriend.
  • Represented television station in contract action brought by television show syndicator.
  • Represented accounting firm in action by ex-wife of wealthy individual against individual’s business associates.
  • Represented victim of fine art fraud in both criminal restitution proceedings and civil litigation against the fraudster.
  • Represented plaintiff foreign banks in RICO, conversion and fraud trial against other foreign banks arising out of the bankruptcy of an oil refiner, and defended the banks in actions by the refiner’s Chapter 7 trustee and one of the refiner’s stockholders.  Bank Brussels Lambert v. Credit Lyonnais (Suisse) S.A., 2001 U.S. Dist. LEXIS 5903 (S.D.N.Y. May 8, 2001) (motion for leave to amend answer and cross-motion for partial summary judgment regarding N.Y. Gen’l Oblig. L. § 15-108); 2001 U.S. Dist. LEXIS 2209, 2001 WL 225045 (S.D.N.Y. Mar. 2, 2001); 1998 U.S. Dist. LEXIS 981 (S.D.N.Y. Feb. 3, 1998) (RICO summary judgment); 1995 U.S. Dist. LEXIS 14808, 1995 WL 598971 (S.D.N.Y. Oct. 11, 1995) (waiver of attorney-client privilege).
  • Defended individual in action by former associates for breach of alleged oral loan agreement.
  • Responsible for preparation and direct examination of plaintiffs’ religion expert at trial under the Religious Freedoms Restoration Act.  Muhammad v. City of New York Dep’t of Corr., 904 F. Supp. 161 (S.D.N.Y. 1995).
  • Represented German-national retired corporate officer in claim against and settlement with former employer’s parent for wrongfully former officer’s terminating stock options.
  • Represented clients in arbitrations or seeking to compel arbitrations of fee disputes with former counsel.
  • Represented individuals in negotiation of employment and confidentiality agreements.
  • Represented target of harassive litigation by client’s former boyfriend.
  • Brought guardianship proceeding to protect incapacitated elderly person, leading to settlement establishing trust for the person’s benefit substantially funded by monies disgorged by person’s caregiver.