Malcolm Seymour is a trusted counselor, negotiator and litigator whose practice focuses on election law and project-centered commercial disputes.
Malcolm was a key member of the litigation team for Bernie 2016, the political committee and presidential campaign vehicle of Senator Bernie Sanders. Malcolm was a core strategist, drafter and negotiator in Bernie 2016’s lawsuit against the Democratic National Committee, challenging suspension of the campaign’s access to a party voter database. He advised the campaign on parliamentary procedure and drafted resolutions for the 2016 Democratic National Convention. Malcolm has helped spearhead voting rights litigation to challenge election laws in Ohio and Arizona under the Voting Rights Act and Fourteenth Amendment. He has represented campaigns in connection with challenges to political communications and advertisements, mass communications to prospective voters, enforcement of limits on individual contributions, and receipt of in-kind contributions, including volunteer labor. He is currently a contributor to impact litigation aimed at overturning a case, decided in the shadow of Citizens United, that removed limits on individual contributions to SuperPACs.
As a commercial litigator, Malcolm combines technical knowledge with an understanding of project methodologies and their pitfalls, helping engineers, contractors, project owners and software developers diagnose the causes of project delays, overruns and failures. By disentangling these technical problems, Malcolm is able to bring timely and cost-effective closure to challenging cases. He works with the firm’s construction practice group, assisting contractors, engineers and owners through the change order process, with equitable adjustments, or in last-resort litigation. Malcolm harnesses his legal background in the financial services sector to guide these clients through disputes that arise out of project financing agreements.
Malcolm continues to work closely with his financial services clients. He has contributed key strategies to shareholder disputes involving prominent global investment banks. He regularly defends companies and individuals in licensed professions – including law, financial services, and regulated sports – against threats to licensure. Malcolm has helped these clients mount successful challenges to investigations, enforcement actions and suspension proceedings brought by state agencies.
As a litigator in a hub of global commerce, Malcolm often works with overseas clients involved in United States lawsuits, and is well versed in the mechanics of international litigation and arbitration – from serving process and taking discovery abroad, to the application of foreign law in U.S. courts, to the domestic enforcement of foreign money judgments and arbitral awards.
Malcolm is proud to serve as legal advisor to Global Minimum, Inc., a 501(c)(3) organization that helps high school students in Sierra Leone, Kenya and South Africa develop leadership, critical thinking and problem-solving skills to tackle challenges facing their local communities.
At the Yale Law School, Malcolm was Editor-in-Chief of the Yale Human Rights and Development Law Journal and Director of the Lowenstein Human Rights Project. As a student, he participated in several newsworthy cases involving extraordinary rendition and indigenous land rights.
Represented presidential campaign in litigation against party’s governing body, requesting fair and equitable treatment under contract administering voter file database.
Represented group of 17-year-old voters, who would be 18 at the time of the general election, in lawsuit to enjoin repeal of their right to vote in related primary contests.
- Represented lenders, borrowers, engineers, owners and contractors in litigation and pre-litigation negotiations
Represented lenders, borrowers, engineers, owners and contractors in litigation and pre-litigation negotiations related to financing and construction of biomass, geothermal and LNG facilities.
Helped a 501(c)(3) organization defend its service mark against infringement by a large New York City restaurant conglomerate. Facilitated a pre-answer settlement terminating the infringement and recovering payment to the client.
- Defended an international custom software developer against litigation brought by a disgruntled New York customer
Defended an international custom software developer against litigation brought by a disgruntled New York customer, seeking damages of nearly $2 million. By pinpointing critical path delays and scope of work enlargements caused by the customer, forced a settlement resulting in a payment by the customer to the developer.
- Supported a marine construction contractor in negotiating an equitable adjustment claim with a state department of transportation
Successfully supported a marine construction contractor in negotiating an equitable adjustment claim with a state department of transportation, resulting in recovery of nearly $1 million of costs incurred because of agency-caused delays.
- Defended NYSE-listed borrower against loan acceleration litigation brought by global investment bank
Defended NYSE-listed borrower against loan acceleration litigation brought by global investment bank, successfully avoiding foreclosure on client’s billion-dollar interest in unexplored natural gas reserves in Papua New Guinea.
- Duff on Hospitality Law, 12.27.16
- Can SafeHer, a Women-For-Women Ridesharing Company, Overcome the Challenges of Anti-Discrimination Laws?Duff on Hospitality Law, 5.6.16
- Duff on Hospitality Law, 5.20.15
- Duff on Hospitality Law, 12.26.13
- Duff on Hospitality Law, 4.10.13
News & Insights
- GSB Press Release, 3.2.16
- GSB Press Release, 2.1.16
- Can SafeHer, a Women-For-Women Ridesharing Company, Overcome the Challenges of Anti-Discrimination Laws?Garvey Schubert Barer, Duff on Hospitality Law Blog, 5.6.16
- Westlaw Journal Environmental, 6.10.14
- Duff on Hospitality Law Blog, 4.10.13
- New York, 2007
State University of New York at Buffalo, B.A., Political Science, summa cum laude, 2000
Yale Law School, J.D., 2004