Sammi Malek

Partner

New York
T 212.589.4275  |  F 212.589.4201

Sammi Malek is a commercial litigator and white collar defense attorney who provides her clients with a full range of services from the inception of a case through trial and appeal. Her broad-based litigation experience, combined with her extensive investigative and regulatory compliance background, makes her a valuable asset to clients faced with litigation concerns.

Sammi is a member of the Women's Steering Committee in the firm's New York Office and a mentor to summer and junior associates.

Select Experience

  • Lead attorney defending the U.S. subsidiary of an international conglomerate in federal court against claims for breach of contract, fraud and breach of fiduciary duty where plaintiffs are seeking damages in excess of $25 million.
  • Represented a senior executive of a healthcare management company accused of Medicare and Medicaid fraud in connection with an investigation by both the criminal and civil divisions of the United States Attorney's Office for the Southern District of New York. Investigated the case and through multiple attorney and witness proffers, convinced the government to drop the case against the client.
  • Lead attorney representing a major national bank in New York State Court in connection with a multimillion-dollar suit by borrowers alleging breach of contract, aiding and abetting breach of fiduciary duty and collusions.
  • Lead attorney defending a large equipment leasing company in connection with a lawsuit by a third party involved in a joint venture, alleging inter alia interference with economic interest and contract.
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Experience

  • Lead attorney defending the U.S. subsidiary of an international conglomerate in federal court against claims for breach of contract, fraud and breach of fiduciary duty where plaintiffs are seeking damages in excess of $25 million.
  • Represented a senior executive of a healthcare management company accused of Medicare and Medicaid fraud in connection with an investigation by both the criminal and civil divisions of the United States Attorney's Office for the Southern District of New York. Investigated the case and through multiple attorney and witness proffers, convinced the government to drop the case against the client.
  • Lead attorney representing a major national bank in New York State Court in connection with a multimillion-dollar suit by borrowers alleging breach of contract, aiding and abetting breach of fiduciary duty and collusions.
  • Lead attorney defending a large equipment leasing company in connection with a lawsuit by a third party involved in a joint venture, alleging inter alia interference with economic interest and contract.
  • Represented a mid-size public company involved in a dispute with a purchaser of the company's products, who claimed that the technological products in question were defective. Client was sued for several million dollars. Through expert testimony, handling witnesses and writing motions, developed case that proved at trial that the products were not defective. The District Court ruled for the defendant. Purchaser then appealed the dismissal to the Second Circuit, which agreed with the defense that the products in question were operating as promised and affirmed the decision of the District Court.
  • Assisted in the representation of an international investment company during a FINRA arbitration and obtained a rarely granted temporary restraining order against former employees requiring them to serve out the remainder of their "garden leaves" as required by the terms of their employment agreements 
  • Assisted in securing the dismissal of a libel suit against a major newspaper. An advertisement in the newspaper highlighted the activities of a radical animal rights group. Argued that the group in question was a "public figure" and therefore could not claim that the paper acted with actual malice in the treatment of the group. When the trial court partially rejected these arguments, the case moved to appeal. Oversaw and assisted in the submission on appeal to the New York Appellate Division, First Department, which reversed the lower court’s ruling and dismissed the libel suit against the newspaper.
  • Represented a major broker-dealer accused of insider trading in connection with an investigation by the Securities and Exchange Commission, managing all aspects of representation for the client, including internal investigation and witness preparation.
  • Defended a subsidiary of a major international bank against allegations of aiding and abetting breach of fiduciary duty and theft of trade secrets through involvement in all aspects of the case, including drafting and arguing effective motions, and use of expert testimonies.
  • Member of a team representing a large hedgefund in connection with an investigation into alleged market-timing and late trading by the New York Attorney General, the Securities and Exchange Commission, and the Department of Justice. Had primary responsibility for witness interviews, review of internal compliance and audit procedures, drafting internal investigation report, and presenting the results and conclusions to government investigations.
  • Represented major entertainment conglomerate in a 23-case multidistrict litigation involving allegations of antitrust violations. Had primary responsibility for overseeing coordination of discovery in all 23 cases in six different states, and preparation of witnesses and testimony in connection with filing effective motions to reduce client’s exposure.
  • Involved in representing Irving H. Picard, Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, in connection with BakerHostetler's role as court-appointed counsel.

Recognitions

  • New York "Super Lawyer" (2014)

Memberships

  • Federal Bar Council
  • Federal Bar Foundation, Board of Directors
  • New York City Bar Association
  • New York County Lawyers' Association
  • Iranian-American Bar Association: New York Chapter, Board of Directors
  • New York Women’s Bar Association Foundation: Board of Directors

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Services

Prior Positions

  • Wilson Sonsini Goodrich & Rosati, P.C.
  • Dorsey & Whitney, LLP

Admissions

  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • New York

Education

  • J.D., New York University School of Law, 2002
  • B.A., History and European Studies, New York University, 1999