Attorney Profile

Attorney Rachel E. Malkin concentrates in the provision of legal services to technology companies, including software developers, ecommerce providers, content providers, ISPs, ASPs, web content providers, consultants and telecommunications companies.

For over twenty-five years, Rachel Malkin has worked with large and small companies, helping them with the critical and everyday necessities of a technology business - buying, selling and licensing products, systems and services in the U.S. and internationally; licensing and protecting their valuable intellectual property, and drafting and negotiating related complex commercial agreements.

As counsel to many high-tech clients, Ms. Malkin has been responsible for a wide variety of legal matters, both in the US and internationally. Ms. Malkin's experience includes the provision of general commercial advice and counsel, protection of intellectual property (copyright, trademark, trade secrets), development of company-wide intellectual property policies and procedures, coordination with other specialized counsel, review of government and commercial RFPs and preparation of
proposals, participation in management meetings, and support to management, sales and marketing departments.

Ms. Malkin is expert in the drafting and negotiation of standard and customized complex agreements, including software licenses, software distribution and software development agreements, consulting and employment agreements, strategic alliances and teaming arrangements, Internet related agreements such as e-commerce, advertising, consumer and business ISP access, Terms of Service, Web hosting and related agreements, Website Acceptable Use and Privacy Policies and ASP Agreements.

Ms. Malkin has a practical, hands-on approach, an extensive understanding of the technology industry, and the business savvy that comes from a great deal of in-depth experience. She served as in-house counsel to technology and telecommunications Fortune 500 corporations before opening her own law office, and brought the in-house skills of working as part of a corporate team to her private practice. Ms. Malkin does all of the legal work personally. She takes the time to learn about her clients' business, and works with them to streamline the contracting process. She helps her clients launch new products and services, revamps outdated contracts and processes that no longer suit the business and assists in negotiations. Ms. Malkin is available for single projects or on an on-going basis.

Areas of Practice

• Business & Commercial Law
• Contracts
• Software Licensing
• Internet - Cyberspace

Bar Admissions

• District of Columbia, 1979
• Maryland, 1989
• New Jersey, 1992

Education

• George Washington University National Law Center, Washington, District of Columbia, 1979
  Juris Doctor
  
  
• Rutgers College, New Brunswick, New Jersey, 1979
  
  

Published Works

• "Software License Lessons", Legal Times of Washington, Intellectual Property Special Report, 1995
• "A Path for Purchasing", The Recorder (California's Legal Newspaper), Intellectual Property Special Supplement, 1995

Representative Clients

• AOL LLC
• Verizon Internet Services, Inc.
• GTE.net, LLC
• Dark Corner Software LLC
• Global eXchange Services, Inc.
• Association Consulting Group, Inc.
• WinStar Wireless, Inc.
• SICPA Product Security, Inc.
• International Budo Academy (Israel)
• Taxo.com (Germany)

Classes/Seminars Taught

• "Lawyering as Industries Converge", Computer Law Association, 1994

Past Employment Positions

• Sprint International Communication (Sprint Corporation), Senior Attorney, 1989 - 1995
• Dialcom, Inc. (British Telecom, PLC.), Corporate Counsel, 1986 - 1988
• The Boeing Company, Boeing Computer Services, Attorney & Senior Manager, 1984 - 1986
• The Western Union Telegraph Company, Government Systems Division, Assistant Division Counsel and Senior Contracts Manager, 1980 - 1984

Pro Bono Activities

• Montgomery Bar Association (ProBono Divorces), 2003 - 2004
• Jewish Social Service Agency (ProBono Immigration), 2000 - 2007

Languages

• English
• Hebrew