Brian Malcom is an associate in Waller Lansden’s Trial and Appellate Litigation practice, with a concentration in financial services litigation and healthcare litigation.
Mr. Malcom represents banks, lenders and other financial institutions in litigation matters. Mr. Malcom and others represented an indenture trustee in connection with litigation against Jefferson County, Alabama related to defaults on more than $3.2 billion in pledged revenue sewer bonds. In September 2010, the indenture trustee was awarded a money judgment against Jefferson County, Alabama in excess of $500 million for past due payments. The court also awarded the indenture trustee other substantial equitable and contractual relief, including the appointment of a receiver to run the revenue-generating sewer system financed by the bonds.
Mr. Malcom also represents healthcare providers and healthcare companies in litigation matters. Mr. Malcom participated in the successful and complete defense of a national hospital company against a breach of contract action with allegations of damages and lost profits of over $30 million. Mr. Malcom helped defend against the plaintiff’s motion for summary judgment and assisted in successfully attaining a partial summary judgment disposing of most of the plaintiff’s claim. A default judgment in favor of the client was entered on the eve of trial, which disposed of the plaintiff’s remaining claims.
Mr. Malcom’s experience also includes products liability, commercial litigation, lien claims, bond claims and collection of obligations owed by governmental entities.
Mr. Malcom is a member of the editorial board of Waller Lansden's Young Lawyers Blog.
Education
J.D., cum laude, Cumberland School of Law at Samford University, 2008
Editor, Cumberland Law Review
Birmingham Bar Association Scholarship
Class of 1994 - Brad Bishop Scholarship
School of Law Scholarship
B.A., magna cum laude, Political Science; B.S., magna cum laude, Psychology, University of Georgia, 2005
Degrees awarded with Honors
Pi Sigma Alpha National Honor Society
Psi Chi National Honor Society
Clerkships and Professional Affiliations
Summer Clerk, U.S. Senator Jeff Sessions
Professional Activities
Member, Birmingham and Alabama Bar Associations
Court Admissions
United States District Courts for the Middle, Northern and Southern Districts of Alabama
United States Court of Appeals for the Eleventh Circuit
