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Alexander G. Malyshev

Alexander G. Malyshev



Illustrative Matters

Client

Description

Foreign Investors

Core member of a team representing foreign investment entities that invested in Collateralized Debt Obligations in ongoing litigations in the Southern District of New York and the New York Commercial Division. The clients recently prevailed in the Appellate Division, First Department, and the Second Circuit, with respect to the viability of their fraud claims against several banks.

Hedge Fund

Part of a three member team that successfully secured the dismissal of all claims against an offshore hedge fund brought by its foreign investors. The dismissal was affirmed by the Second Circuit in Loginovskaya v. Batratchenko, 764 F.3d 266 (2d Cir. 2014), the first decision of its kind to apply the presumption against extraterritoriality to claims brought under the Commodity Exchange Act.

Business Disputes

Frequently represent owners and business partners in governance and ownership disputes. Most recently, was one of the attorneys who secured a precedent setting decision in New York that allowed the majority of the members in interest to adopt an operating agreement for a limited liability company over the objections of a dissenting minority owner (see Shapiro v. Ettenson, 146 A.D.3d 650 (1st Dep’t, 2017)).

SEC Investigation

Represented a publicly traded company with respect to an SEC enforcement action, and related civil litigation, alleging financial mismanagement and inaccurate financial reporting.

Investors and

Indenture Trustees

Represented investors, and Indenture Trustees, in several cases in the Southern District of New York concerning payment rights and priorities under different indentures governed by New York law.

Trusts & Estates

Litigation

Representing Corporate Trustees under several testamentary trusts in disputes in Surrogate’s Courts in New York State. Previously represented a charity that was named as a beneficiary in a dispute in the New Jersey Superior Court – Chancery Division, securing a favorable settlement.

Trademark Disputes

Represented companies in the real estate and life sciences fields in disputes regarding uses of their marks.

Education

  • B.A., 2006 Montclair State University (cum laude)
  • J.D., 2009 New York Law School (Staff Editor, Media Law and Policy Journal; The Abraham “Avi” Mund Commencement Prize for Excellence in Information Technology and the Law; Telecommunications Summer Fellowship; Deans List)

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