Joseph M. Malkin

Senior Counsel
Commercial Litigation

Joe Malkin has more than 35 years of experience representing primarily U.S.- and Japan-based companies in complex commercial litigation of all types.  He has tried or settled major cases in state and federal courts in California, Alaska, Hawaii and Oregon as well as before arbitrators, the Federal Energy Regulatory Commission (FERC) and administrative agencies in California and Nevada.  He has successfully petitioned the U.S. Supreme Court for certiorari, argued before the Ninth Circuit U.S. Court of Appeals en banc, and in other federal circuit Courts of Appeals as well as the California Courts of Appeal.

Mr. Malkin's cases have involved patent, contract, fraud, breach of fiduciary duty, products liability, tort, unfair competition (Business & Processions Code § 17200), constitutional claims and intellectual property matters as well as the representation of companies, accountants and underwriters in securities class actions.  His clients have included Ajinomoto Co., Inc., Alyeska Pipeline Service Company, Chevron Corporation, Fujitsu Limited, General Motors, Occidental Petroleum Company, Oregon Public Employees Retirement Board, Pacific Gas and Electric Company, PG&E Corporation, Proctor & Gamble, San Diego Gas & Electric Company, Sempra Energy, Southern California Edison Company, Southern California Gas Company, Summa Corporation and Shirley Temple Black.

Mr. Malkin's litigation experience includes the following.

  • Lead trial counsel in the successful defense of a seven-year long Section 17200 lawsuit by the California Attorney General.
  • Lead trial counsel for a major Japanese biotechnology company in an ITC Section 337 trial over patent infringement by a competitor.
  • Lead counsel for a major Japanese technology company in the successful negotiation of a complex patent cross-license agreement with a major U.S. technology company.
  • Lead counsel in the successful settlement of the largest utility Chapter 11 case in history.
  • Lead trial counsel for a public retirement system in multiple lawsuits arising from modifications to the state pension system.
  • Lead trial counsel in the successful prosecution of a lawsuit by a pipeline owner against the supplier of a defective corrosion protection coating.
  • Lead trial counsel in the successful defense of an insurance company in a jury trial involving a coverage claim.
  • Lead trial counsel for a celebrity in enjoining the unauthorized use of her name and likeness.
  • Lead counsel in an investigation of energy trading operations, including price reporting and potential wash sales.
  • Lead trial counsel in numerous public utility commission proceedings in California and Nevada, including two multi-billion dollar nuclear power plant prudence reviews, merger cases, investigations of holding company activities and enforcement proceedings.

Mr. Malkin's non-litigation experience includes the following.

  • Lead counsel in designing and documenting the transactions and operating agreements to disaggregate a vertically-integrated gas and electric utility into four separate companies: a state-regulated gas and electric distribution company; a FERC-regulated gas pipeline company; a FERC-regulated generating company; and a FERC-regulated electric transmission company.
  • Lead counsel in sales and purchases of electric generating facilities.
  • Negotiation of power purchase contracts.

Mr. Malkin has spoken at dozens of conferences and seminars on subjects such as litigating regulatory proceedings, buying and selling generation assets, the future of nuclear power, key issues facing FERC and the current state of the power industry.

Joseph Malkin
Admitted In
  • California
Court Admissions
Supreme Court of the United States
    United States Court of Appeals
    • Fifth Circuit
    • Ninth Circuit
    • Federal Circuit

    Education
    • J.D., Yale Law School, 1972
    • B.A., Claremont McKenna College, 1968
    Honors
    • Chambers USA, America's Leading Lawyers for Business, 2004-2014, Energy: Regulatory and Litigation (Band 1 - California); Noted by client sources as "one of the most talented attorneys I've met in my life" and "one of the leading lights of the energy regulatory Bar in California."
    • The Best Lawyers in America, 2006-2015
    • Northern California Super Lawyer, 2004-2012
    • Member, Yale Law Journal, 1970-1972
    Memberships
    • Director, Students Rising Above

    Please do not include any confidential, secret or otherwise sensitive information concerning any potential or actual legal matter in this e-mail message. Unsolicited e-mails do not create an attorney-client relationship and confidential or secret information included in such e-mails cannot be protected from disclosure. Orrick does not have a duty or a legal obligation to keep confidential any information that you provide to us. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.

    By clicking "OK" below, you understand and agree that Orrick will have no duty to keep confidential any information you provide.

    OK
    Cancel