EDITORIAL REVIEW

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This elegant figure has dominated the OC legal scene, successfully defending Applied Medical Resource Corp. in multiple courts against unfair competition and trade secret theft claims.



This elegant figure has dominated the OC legal scene, successfully defending Applied Medical Resource Corp. in multiple courts against unfair competition and trade secret theft claims.



This litigation legend makes good things happen for clients like L.A. County's Metropolitan Transportation Authority, Baxter Laboratories and a host of Southern California businesses.


If you know one defense lawyer in Orange County, it should be this master tactician, who’s tried more than 100 complex matters.


Trial lawyer Thomas Malcolm is "The Man" in Orange County when it comes to complex business litigation.




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Partner
Irvine
Tel: 1.949.553.7593
Fax: 1.949.553.7539

Tom Malcolm practices in every area of business litigation including, but not limited to, commercial disputes, antitrust, unfair competition, construction disputes, tax, hostile takeovers, toxic torts, computer software, land subsidence partnership dissolution, trust and estates, insurance, discrimination, labor (management), and wrongful termination. He has tried more than 100 complex business litigation trials, including 30 jurytrials to verdict.

Tom is a member of the Orange County Bar Association (president, 1992; chairman of the Business Litigation Section, 1987). Tom was president of the Federal Bar Association of Orange County, president of the Association of Business Trial Lawyers for Orange County (1999), former chair of Governor Pete Wilson's Judicial Selection Committee for Orange County for eight years, a member of the U.S. District Court sixperson Bi-Partisan Selection Committee appointed by President Bush (2004), a Fellow of the American College of Trial Lawyers, state chair of the Southern California Committee of the American College of Trial Lawyers (1997-1998), and a member of the American Board of Trial Advocates.

Tom regularly speaks, lectures, and teaches on subjects ranging from intellectual property and unfair competition to damage valuations and trial advocacy. He has been listed in the business litigation section of The Best Lawyers in America for 15 years and was the Orange County Trial Lawyers Association's 1997 Business Litigation Trial Lawyer of The Year. He has been listed for many years in the Los Angeles Journal's "The 100 Most Influential Lawyers in California." Tom was also named the past two years in Lawdragon as one of the top 500 attorneys in the country. Tom was the 2001 recipient of the Franklin G. West Award and the 2005 recipient of the Marcus Kaufman ADL Jurisprudence Award.

Admitted
California

Education
University of California, Berkeley (B.A. in Political Science 1962);
University of California, Hastings College of the Law (Editor, Law Review; LL.B. 1966)

Experience
Baxter Laboratories
Baxter Laboratories v. Immuno Science
Counsel for Baxter against Immuno Science for unfair competition and theft of trade secrets before U.S. District Judge Manuel Real.
Honorable Calvin P. Schmidt
Judicial Performance Commission Hearing
Successful representation of Judge Calvin Schmidt, the longest-sitting judge in Orange County, before the Judicial Performance Commission.
Los Angeles County Metropolitan Transportation Authority
MTA v. Allianz Global Risks
Recovered $2.54 million from Allianz Insurance after a successful arbitration ruling in favor of MTA in connection with a builder's risk insurance claim involving damage during the construction of MTA subway stations caused by El Niño storms.
MTA v. Allianz Insurance Company
Successfully arbitrated and mediated a builder's risk insurance claim on behalf of Los Angeles County Metropolitan Transportation Authority, collecting approximately $14.7 million more than originally offered by the insurer in connection with the partial collapse of subway tunnel and subsidence of Hollywood Boulevard.
Metro East Consultants v. Los Angeles County Metropolitan Transportation Authority, Case No. BC162753 (Los Angeles County Superior Court)
Successfully represented Los Angeles County Metropolitan Transportation Authority in defending a challenge to the award of a $65 million construction management contract brought by one of the unsuccessful bidders.
Shea-Kiewit-Kenny v. Los Angeles County Metropolitan Transportation Authority
Represented Los Angeles County Metropolitan Transportation Authority in a series of lawsuits involving subway construction claims in excess of $100 million.
PCM
PCM v. Bradford National
Successful representation of PCM, a property management company for Leisure World, respecting a computer software system specially designed for Leisure World.
Quiet Cannon Restaurant
Quiet Cannon v. Port of Long Beach
Lead counsel in civil rights litigation before U.S. District Court Judge Steven Wilson against the Port of Long Beach representing the Quiet Cannon restaurant.
Sisters of Providence
Sisters of Providence v. Diversified Developers, Vincent T. Raney, et al.
Representation of parochial school in the largest land subsidence case in Orange County.
Southern California Regional Rail Authority
SCLM Operating Engineers Contract Compliance Committee, et al. v. Southern California Regional Rail Authority (SCRRA)
Successfully defeated a trade union's petition for writ of mandate seeking to compel Southern California Regional Rail Authority (a.k.a. Metrolink) to competitively bid the construction of the Pomona station.
Stevedores Services of America (SSA)
Stevedores Services of America (SSA) v. Port of Los Angeles
Lead counsel for the SSA against the Port of Los Angeles in federal court for unfair trade practices, antitrust, and civil rights violations resulting in SSA obtaining a new and favorable lease at the port. Street Surfing, LLC
Street Surfing v. Decolee
"Bet the company" international arbitration between our client, Street Surfing, and a Korean company, Decolee, which successfully was tried by John Vogt and Tom Malcolm over a 7 day period.
Tenet Healthcare Corporation, Tenet Healthsystems
Doctors Medical Center Modesto, et al. v. Health Net Inc. et al., and related cross-claims
Client initiated arbitration proceedings seeking over $100 million in unpaid reimbursement, due by contract, to over twenty Tenet hospitals in California that had provided medical treatment to Health Net health plan members.
Velasco, et al.
Velasco, et al. v. Shea Homes, Chevron Oil, City of Fullerton, et al.
Primary counsel for the plaintiffs in the McColl Waste Dump litigation, with approximately 500 property owners suing the major oil companies for the creation of a toxic waste dump.
Westar Development
Westar Development v. Coldwell Banker Commercial
$2 million jury verdict on behalf of Westar in a fraud suit against Coldwell Banker.

Publications
Winter 2007/2008 Why Clients Change Lawyers in the Middle of a Case, Association of Business Trial Lawyers

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