Alexander G. Malyshev
Alexander G. Malyshev
Mr. Malyshev is a commercial and business litigator with experience representing clients in a wide range of business disputes, including ownership and governance disputes involving closely held businesses, disputes involving complex capital markets transactions and financial instruments, trade secrets and restrictive covenants, and intellectual property disputes. Mr. Malyshev is also a member of Carter Ledyard’s Fiduciary Litigation Group, which represents trust companies, financial institutions, charitable organizations, family members involved in closely-held companies, and individuals, as executors, trustees, and beneficiaries in litigation.
Since 2009, Mr. Malyshev has represented foreign investors in connection with fraud, contract, and priority claims stemming from investments in derivatives and asset backed securities, in both state and federal courts. The notional values of these investments have, collectively, exceeded $2 billion. During this time Mr. Malyshev also represented a corporate Property Trustee in connection with the successful restructuring of several series of Trust Preferred Securities valued at nearly $1 billion.
Mr. Malyshev was also part of a core team that secured the dismissal of all securities and commodities fraud claims by foreign investors against an offshore hedge fund on the basis of extraterritoriality under Morrison v. National Australia Bank. This reported decision in Loginovskaya v. Batratchenko, 764 F.3d 266 (2d Cir. 2014) was the first of its kind to apply the Morrison rationale to claims brought under the Commodity Exchange Act.
Finally, Mr. Malyshev also frequently represents owners and business partners in governance and ownership disputes. Most recently, Mr. Malyshev 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)).
- 2009 New Jersey
- 2010 New York
- 2010 U.S. District Courts, Southern and Eastern Districts of New York
- 2010 U.S. District Court, District of New Jersey
- 2011 U.S. Court of Appeals, Second and Third Circuit
- American Bar Association
- The Association of the Bar of the City of New York, Structured Finance Committee (Member)
- 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)