Edward F. Malone

In his civil litigation and white collar defense practices, Ed litigates and tries cases, and argues appeals in both federal and state courts. He also counsels and conducts investigations for clients facing potential civil and criminal enforcement actions, and represents clients in grand jury proceedings. Ed also is General Counsel of the Firm.

Civil Litigation

Ed represents clients in commercial disputes in several industries, including the financial services, real estate, automotive, luxury goods, and health care industries. He commonly represents clients in these industries in contract disputes and tort claims, and he also has considerable experience litigating over non-compete agreements. Ed defends clients in litigation related to his white collar defense practice, including antitrust, securities and consumer fraud litigation, and litigation arising under the False Claims Act.

White Collar Defense & Regulatory Enforcement

Ed spends about half his time counseling and defending individuals and corporations in connection with criminal investigations and civil enforcement actions, including antitrust and securities fraud investigations. Recently, these have included investigations by the Department of Justice, the SEC, and the OCC. His experience includes representing individuals and companies in investigations of securities and other financial fraud, insurance fraud, and criminal antitrust violations. Ed has also represented engineering firms, health care companies, and defense firms in grand jury investigations into alleged fraud in their business dealings with the federal government and other public entities. Ed regularly conducts internal investigations for clients and counsels them on compliance with federal criminal law and in connection with disclosures of potential violations.

Antitrust Counseling

In addition to representing clients in civil antitrust litigation and antitrust enforcement matters, Ed regularly counsels clients on antitrust compliance issues.

Representative Matters

Civil Litigation

Antitrust

• Represented multinational food conglomerate in class action civil litigation and grand jury investigation into alleged price fixing of high fructose corn syrup and citric acid.

Financial Institutions

• Regularly represents real estate lenders in disputes with borrowers. 
• Represented financial institution in litigation regarding alleged fraud in the sale of assets of failed bank.
• Represented investment firm in litigation over failed merger agreement.
• Represented broker dealer in arbitration over alleged fraud in sale of assets.
• Represented law firm in securities fraud litigation over failed savings and loan.
• Represented financial institution in breach of contract litigation over priority in commercial real estate foreclosure.

Non-Compete

• Represented employers and employees in non-compete litigation in various industries, including luxury goods and high speed trading.

Other Commercial

• Represented international beverage company in arbitration arising from acquisition of vodka distributor.
• Represented on-line reservations provider in arbitration alleging breach of contract by airline partner.
• Represented real estate developer in various partnership disputes.

Government & Internal Investigations

Antitrust

• Represented engineering firm in grand jury investigation into bid rigging.
• Represented defense contractor in DOJ Antitrust Division investigation into bid rigging.
• Represented individual in DOJ Antitrust Division investigation into price fixing in plastics industry.

Securities and Other Financial and Accounting Fraud

• Represented financial institution in SEC financial accounting fraud investigation and related OCC and grand jury investigations.
• Represented trader in SEC investigation into potential fraud in connection with exchange rules.
• Represented several financial institutions in investigations into use of federal TARP funds.
• Represented financial institution in receivership proceedings arising from grand jury investigation into money laundering.
• Conducted internal investigation into allegations of accounting fraud at credit union.
• Represented defense and health care companies in civil and criminal investigations into accounting fraud in connection with government contracts, as well as related qui tam litigation.
• Conducted internal investigation for Audit Committee of international energy company into failure of management to communicate cost overruns in natural gas project.

Other Grand Jury & Internal Investigations

• Represented insurance broker in bribery investigation.
• Represented insurance broker in fraud investigation.

Pro Bono

Ed is co-chair of the Firm’s Pro Bono Committee and devotes significant time to representing clients in various pro bono matters.  Some of Ed’s most recent pro bono representations are listed below.

Immigration/Political Asylum

• Represented Iranian national seeking political asylum in the U.S. after being targeted by the Iranian government for participating in the historic protests that followed the election of Iranian President Mahmoud Ahmadinejad in 2009. 
• Represented Honduran national seeking withholding from removal from U.S., to which he fled after being tortured by Honduran police for work on environmental issues in Honduras.
• Represents family of El Salvadoran women seeking political asylum from persecution by MS-13 gang members who have targeted the family.

Not for Profit

• Ed serves as general counsel for the Unity Temple Unitarian Universalist Congregation in Oak Park Illinois.  In that capacity, Ed represents the congregation in a variety of matters.  Most recently and significantly, Ed represented the congregation in various transactions related to the historic restoration of Frank Lloyd Wright’s Unity Temple, which is regarded by many as the most important piece of modern architecture of the 20th century.
• Ed serves as President of the Board of Cedille Chicago, NFP, a not-for-profit classical music recording label that records and distributes work by Chicago artists, and Ed represents Cedille in a variety of legal matters.

Activities & Honors

• Selected, The Best Lawyers in America© (2018-2023)
  • Commercial Litigation
• Selected, Leading Lawyers Network (2011-2023)
• Selected, Illinois Super Lawyers (2005-2006, 2008-2018)
• President, Board of Directors, Cedille Chicago NFP (2016-Present)
• Member, Chicago Bar Association/Chicago Bar Foundation Task Force on Sustainable Practice of Law and Innovation (2019-Present)
• Board of Governors, Chicago Council of Lawyers (2003-2012)
• Chair, Village of Oak Park Environment and Energy Commission (2007-2009)
• President, Board of Directors, Timeline Theatre Company (2003-2006)
• Law Clerk, Hon. Cynthia H. Hall, U.S. Court of Appeals - Ninth Circuit (1991-1992)
• Chief Note and Comment Editor, U.C.L.A. Law Review