Yakov Malkiel

Associate, Boston

Biography

Overview

Yakov is an associate in the firm's global White Collar Practice. He represents both companies and individuals in challenging, complicated disputes. His cases have included federal criminal prosecutions; cross-border investigations of suspected fraud, bribery, and securities issues; whistleblower complaints; and complex civil actions. Yakov has tried three federal criminal cases since 2018, successfully defending individuals accused of price-fixing, wire fraud, and conspiracy. He has represented clients before the appellate courts of multiple jurisdictions.  He also maintains an active pro bono practice, which focuses primarily on criminal appeals and post-conviction investigations.

Before becoming a litigator, Yakov clerked for Justice Barbara A. Lenk of the Massachusetts Supreme Judicial Court; Judge Mark L. Wolf of the United States District Court for the District of Massachusetts; and Justices Ayala Procaccia, Asher D. Grunis, and Elyakim Rubinstein of the Supreme Court of Israel.

Bars and Courts
Massachusetts State Bar
US District Court for the District of Massachusetts
US Court of Appeals for the First Circuit
Israel Bar Association
Education
LLM
Yale Law School
LLB
Tel Aviv University
Languages
English
Hebrew

Experience

Conducting cross-border investigations relating to alleged bribery, wire fraud, tax fraud, and registration issues for clients in Hong Kong, the Netherlands, France, and Eastern Europe.

 In United States v. Usher, defended a London-based currency trader through trial in the Southern District of New York. The client was charged with fixing the prices of euros and dollars in the global foreign exchange market. His trial ended in an acquittal.

 In United States v. Ackerly, defended a securities-industry executive through two trials in the District of Massachusetts. The client was accused of bribery and fraud in connection with the proxy campaigns of public companies. Her two trials ended, respectively, in a mistrial and a successful motion for a new trial.

In Ex rel. Al-Sultan v. Public Warehousing Company, represented an executive of a global logistics firm in a billion-dollar False Claims Act suit based on military procurement contracts in the Middle East. The client defeated the case on a successful motion to dismiss. Other defendants ultimately settled for 100 million dollars.

Represented a major healthcare provider in a multiparty civil litigation arising from an outbreak of a communicable disease. Although the client began the case as a defendant, the litigation ended with the client defeating all claims and obtaining compensation from a third party.

Defended a healthcare company in a Department of Justice and Securities Exchange Commission investigation of cross-border securities and corruption issues. The case arose from conduct at the client's subsidiaries on multiple continents. The internal investigation resulted in a favorable settlement and averted a major threat to the client's business operations.

Prepared appellate briefs to the United States Supreme Court (for an amicus curiae), the First Circuit, the Fourth Circuit, the Massachusetts Appeals Court, the Appellate Division of the New York Supreme Court, and the North Dakota Supreme Court.

Publications

Hindsight Regulation of Hydrocarbon Exploration: Lessons from Israel's Gas Bonanzas, 33 Energy L.J. 405 (2012)

An Evolutionary Look at the Law, Technology, and Economics of Sunken Treasure, 44 J. Mar. L. & Com. 195 (2013)