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.
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.
In addition to representing clients in civil antitrust litigation and antitrust enforcement matters, Ed regularly counsels clients on antitrust compliance issues.
- 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.
- 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.
- Represented employers and employees in non-compete litigation in various industries, including luxury goods and high speed trading.
- 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
- 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.
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.
- 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
Speaking Engagements & Presentations
- May 14, 2018 – Speaker (Chicago, IL)
- April 26, 2018 – Speakers (Chicago, IL)
Articles & Publications
- March 7, 2022 – Barack Ferrazzano Press Release
- September 9, 2020 – Barack Ferrazzano Client Alert
- August 19, 2020 – Barack Ferrazzano Client Alert
- August 4, 2020 – Barack Ferrazzano Client Alert
- July 13, 2020 – Barack Ferrazzano Client Alert
- July 7, 2020 – Barack Ferrazzano Client Alert
- July 2, 2020 – Barack Ferrazzano Client Alert
- June 12, 2020 – Barack Ferrazzano Client Alert
- June 3, 2020 – Barack Ferrazzano Client Alert
- May 11, 2020 – Barack Ferrazzano Client Alert
- May 1, 2020 – Barack Ferrazzano Client Alert
- April 30, 2020 – Barack Ferrazzano Client Alert
- April 15, 2020 – Barack Ferrazzano Client Alert
- April 9, 2020 – Barack Ferrazzano Client Alert
- April 3, 2020 – Barack Ferrazzano Client Alert
- March 27, 2020 – Barack Ferrazzano Client Alert
- March 18, 2020 – Barack Ferrazzano Client Alert
- February 25, 2019 – Barack Ferrazzano Client Alert
- March 2, 2017 – Barack Ferrazzano Client Alert
- January 4, 2017 – Barack Ferrazzano Client Alert
- Client Alert: Federal Banking Regulators Expand Banks Eligible for Extended 18-Month Examination CycleDecember 20, 2016 – Barack Ferrazzano Client Alert
- December 15, 2016 – Barack Ferrazzano Client Alert
- February 11, 2016 – Barack Ferrazzano Client Alert
- April 22, 2015 – Barack Ferrazzano Client Alert
- May 6, 2014
- June 4, 2012
- "Selected Issues Under the Federal Rules of Evidence,"2011 – IICLE Federal Criminal Practice
- The Future of Deferred-Prosecution Agreements: Congress Tries a Little OversightMay 9, 2008 – BNA White-Collar Crime Report, Vol. 3. No. 10
- "More Problems With 'Honest Services' Fraud: The 7th Circuit Takes Another Whack at Section 1346,"July 2007 – White-Collar Crime, Vol. 21, Iss. 10
- "Private Citizens and Public Corruption: The Problems With 'Honest Services' Fraud,"February 2007 – White-Collar Crime, Vol. 21, Iss. 5
- Testimonial Privileges2005 – Thomson West 3rd ed.
- "Who Goes to Jail?"January 2002 – HCAA Compliance Today
- "Legacy of the Reconstruction: The Vagueness of the Criminal Civil Rights Statutes,"October 1990 – 8 UCLA Law Review 163
- November 3, 2022 – Barack Ferrazzano Press Release
- August 18, 2022 – Barack Ferrazzano Press Release
- November 4, 2021 – Barack Ferrazzano Press Release
- August 19, 2021 – Barack Ferrazzano Press Release
- November 6, 2020 – Barack Ferrazzano Press Release
- August 20, 2020 – Barack Ferrazzano Press Release
- Partner & General Counsel Ed Malone A Member Of The CBA/CBF Task Force On The Sustainable Practice of Law & InnovationJuly 22, 2020 – Barack Ferrazzano Press Release
- November 1, 2019 – Barack Ferrazzano Press Release
- August 15, 2019 – Barack Ferrazzano Press Release
- January 2019 – Barack Ferrazzano Press Release
- November 1, 2018 – Barack Ferrazzano Press Release
- October 23, 2018 – Barack Ferrazzano Press Release
- August 15, 2018 – Barack Ferrazzano Press Release
- January 25, 2018 – Barack Ferrazzano Press Release
- December 18, 2017 – Barack Ferrazzano Press Release
- November 3, 2017 – Barack Ferrazzano Press Release
- November 1, 2017 – Barack Ferrazzano Press Release
- September 1, 2017
- August 15, 2017
- January 17, 2017
- January 11, 2016
- January 14, 2015 – Super Lawyers
- May 2012
- January 31, 2012 – Barack Ferrazzano Press Release
- January 2012
- April 2011
- January 2011
- January 2010 – Law & Politics Magazine
U.C.L.A. Law School, J.D., 1991, Order of the Coif
University of Chicago, A.B., with honors, 1986
Bar & Court Admissions
- State of Illinois
- U.S. District Court - District of Colorado
- U.S. District Court - Northern District of Illinois
- U.S. District Court - Central District of Illinois
- U.S. District Court - Northern District of Indiana
- U.S. District Court – Eastern District of Michigan
- U.S. Court of Appeals - 3rd Circuit
- U.S. Court of Appeals - 7th Circuit
- U.S. Court of Appeals - 9th Circuit
- U.S. Court of Appeals - 10th Circuit
- U.S. Supreme Court