Malcolm S. McNeil

Partner and International Practice Co-Leader

Malcolm focuses on litigation, business, and transactional matters involving international clients.

Malcolm McNeil Portrait

Malcolm has over 35 years of litigation and commercial experience in a wide variety of matters including business/commercial, construction (defect and coverage issues), employment disputes, administrative proceedings, trade secrets, probate, media and entertainment, intellectual property, partnership dissolutions, and real estate. Malcolm has 25 years of experience resolving civil disputes as a mediator and is a panel mediator for the United States District Court, Central District of California. 

Malcolm has litigated issues for a wide variety of businesses including those in the venture capital formation, retail, entertainment, textile, manufacturing, import/export, real estate investment, aviation, and publishing. He is keenly aware of the legal and business needs of his clients, and provides strategic solutions to commercial disputes that help enable his clients’ businesses to keep moving forward. He also has experience in cross-border negotiations and has an established network of colleagues globally assisting foreign countries as needs arise. Malcolm’s practice has included representation of clients in most forums, including a range of administrative forums, statewide and nationally. Known for his leadership and accomplishments, particularly for clients with business interests in China, Malcolm is a panel member on the Shenzhen Court of International Arbitration, the Beijing International Arbitration Commission, and the Harbin Arbitration Commission. Malcolm serves as the co-leader of ArentFox Schiff’s International Group, and is the president of the Beverly Hills Bar Association. 

Client Work

Recently, Malcolm and his team successfully represented a Chinese-based fabricated steel shelving manufacturer in a breach of contract claim in federal court, where a jury awarded his client a verdict of more than $3.3 million.

Malcolm has handled the following cases:

  • General Commercial: Broad range of complex civil cases involving issues of contract interpretation, buy-sell agreements (including appraisals of real property and businesses), unfair competition, and insurance coverage disputes.
  • Partnership Disputes: Partnership disputes and dissolutions involving a variety of businesses, including professional medical partnership disputes.
  • Real Property: Real property matters have included commercial landlord/tenant disputes, construction, including defect and environmental issues.
  • Employment: Employment compensation agreements, executive employment agreements, discrimination, harassment, and wrongful termination matters.

Previous Work

Prior to ArentFox Schiff, Malcolm was the leader of the International Practice Group at a national law firm. He was also the principal in his own practice for 20 years focusing on an international base of clients located throughout the globe.

Professional Activities

  • Beverly Hills Bar Foundation, President
  • Beverly Hills Bar Association, Past President
  • American Bar Association Section of International Law to the Beverly Hills Bar Association, Liaison
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Publications, Presentations & Recognitions

Publications

  • Author: “How to Assure the Board’s Attention to Cyber Risks,” Daily Journal (December 2018)
  • Co-Author: “Never Ending Story: Sudden Changes to California’s Proposed Cannabis Regulations,” Arent Fox Alert (November 2018)
  • Co-author: “Data Breach Class Action Lawsuits: First Response for Defense - Motion to Dismiss for Lack of Standing,” Pratt’s Privacy & Cybersecurity Law Report (January 2017) 
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Presentations & Events

  • Current Developments in Startup Law: Corporate Transparency Act and Startups, Presented by: Beverly Hills Bar Association, April 30, 2024 
  • Challenging the Constitutionality of FTC & Other Federal Administrative Enforcement Proceedings (Moderator), Presented by: Beverly Hills Bar Association, July 12, 2023
  • Asia Economic Growth and Post-Pandemic Expansion & Investment, Presented by: United States-Mexico Chamber of Commerce California Regional Chapter, August 4, 2021
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Recognitions

  • Recipient of the Lifetime Achievement Award from the International Association of Young Lawyers
  • Named to “Southern California’s Top Rated Lawyers” by Legal Leaders (2013)
  • Recognized by the Southern California edition of SuperLawyer (2014-2017)
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Life Beyond the Law

Malcolm sits on the Board of Regents and is Audit Committee Chair for California Lutheran University; he is a past member of the Board of Trustees of The Chicago School of Professional Psychology, prior Board Member and past chair of the Enrollment Management Committee of Woodbury University, and past chair of the Board of Trustees of Antioch University Los Angeles. Malcolm is a Board Member and secretary to the Exceptional Children’s Foundation and is also a member of the British Academy of Film and Television Artists (BAFTA) in Los Angeles.

Insights

Awards

Super Lawyers Badge 2021