Alexander G. Malyshev

Alexander G. Malyshev

Illustrative Matters



Cannabis Industry

Advising Canadian and American issuers in connection with the state of the law and appropriate disclosures to potential investors. Advising prospective distributor and processor of industrial hemp in connection with logistical issues, and the impact of the 2018 Farm Bill which de scheduled it as a drug. Advising distributors of products containing CBD in connection with FDA regulations and compliance issues.

Foreign Investors

Representing foreign investors that purchased Collateralized Debt Obligations in a series of matters in the Southern District of New York and the New York Commercial Division. Several of the cases resulted in precedent-setting decisions in the Appellate Division, First Department, and the Second Circuit, with respect to the viability of fraud claims that occurred in the run-up to the 2007-08 financial crisis.

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.

Represented the Property Trustee of Trust Preferred Securities with a face value of over $1 billion in litigation directed by senior note holders against the issuing bank regarding the holders' rights to restructure the notes. 

Hedge Fund

Represented an offshore hedge fund in litigation brought by investors based in Russia, securing a judgment dismissing all claims brought under the Commodity Exchange Act. 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.

Restrictive Covenants

Represented a brokerage firm in a raiding dispute against a group of departing brokers and their new firm. The case involved a multi-year arbitration and related state court proceedings seeking to enforce the departing brokers' obligations under their various contracts.

Routinely advise major investment bank in connection with the enforcement of the restrictive covenants of its own employees, and the restrictive covenant obligations of potential hires.

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. 

Business Divorce

Frequently represent owners and business partners in governance and ownership disputes. Most recently, was one of the attorneys who secured a precendent 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)).

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