Archer & Greiner, P.C. | Attorneys At Law



   
       
  Attorney Profiles >  Malcolm S. Gould  
       
     

Attorney Profiles

Malcolm S. Gould
Partner

Office(s): Philadelphia, PA
   
Direct Dial: (215) 246-3165
   
Fax: (215) 963-9999
   
Email: mgould@archerlaw.com
   
Departments: Labor & Employment Services
Litigation Services
   
Practice Groups Commercial Litigation
Employment Competition & Information Protection
Labor & Employment Law
 
Practice Emphasis: Complex Commercial and Employment-Related Litigation
   
Education: Lehigh University (B.S., with High Honors, 1994); Washington University (J.D., 1997)
   
Bar Admissions: Pennsylvania - 1997; New Jersey - 1997; United States District Courts for the Eastern and Middle Districts of Pennsylvania; District of New Jersey; United States Court of Appeals for the Eleventh Circuit.
   
Personal Information: Born in Stirling, Scotland. Malcolm lives in Lower Merion Township, Pennsylvania, with his wife and 3 children. He is active in the St. Andrews Society of Philadelphia.
   
Biography:

Malcolm has a national litigation practice in which he represents both plaintiffs and defendants in complex commercial and employment-related cases. He has been recognized as a  "Rising Star" in Law and Politics Magazine and Philadelphia Magazine.  His recent work includes:

  • Defending employers in "donning and doffing" wage and hour class actions under the Fair Labor Standards Act in the trial courts and all appellate levels;
  • Securing defense summary judgments in favor poultry processors in multiple lawsuits alleging fraud, breach of contract and violation of RICO and protecting those victories through all appellate levels;
  • Serving as counsel for companies in litigation relating to commercial contracts and business disputes;
  • Defending banking and trust companies against claims of breach of fiduciary duty;
  • Representing both individuals and corporations in employment agreement and restrictive covenant disputes;
  • Advising employers on day-to-day compliance with labor and employment laws and regulations; and,
  • Representing employers in union negotiations and related proceedings under collective bargaining agreements.

Some of the recent reported decisions in which he has played a critical role include:

  • Anderson v. Cagle Foods JV, LLC, 2005 U.S.Dist.LEXIS 41747 (M.D.Ga. Dec. 8, 2005), aff’d, 488 F.3d 944 (11th Cir. 2007), cert. denied,128 S.Ct. 2902 (2008) 
  •  Abdullah v. Equity Group-Georgia Div., LLC, 2006 U.S.Dist.LEXIS 74721 (M.D.Ga. Oct. 12, 2006), aff’d sub nom, Albritton v. Cagle's Inc., 508 F.3d 1012 (11th Cir. 2007), reh’g en banc denied, 261 Fed. Appx. 280 (11th Cir. 2008)
  • Burks v. Equity Group-Eufaula Div., LLC, 571 F. Supp. 2d 1235 (M.D. Ala. 2008)
  • Adkins v. Cagle Foods JV, LLC, 411 F.3d 1320 (11th Cir. 2005) 
  •  Wheeler v. Cagle Foods JV, LLC, 148 Fed. Appx. 760; 2005 U.S.App.LEXIS 10870 (11th Cir. June 8, 2005)
  • Mims v. Cagle Foods JV, LLC, 148 Fed. Appx. 762; 2005 U.S.App.LEXIS 11579 (11th Cir. June 15, 2005)
  • Glass v. Cagle's Inc., et al, 143 Fed.Appx. 300, 2005 U.S.App.LEXIS 20488 (11th Cir. Apr. 5, 2005), rehearing en banc denied, 2005 U.S.App.LEXIS 23491 (11th Cir. June 1, 2005), cert. denied, 546 U.S. 1061 (Dec. 5, 2005 ).
  • County of Del. v. J.P. Mascaro & Sons, Inc., 830 A.2d 587 (Pa. Super. Ct. 2003), appeal granted, 854 A.2d 968, affd without opinion, 873 A.2d 1285 (Pa. 2005)

Malcolm also has extensive experience acting as local counsel for outside firms and parties involved in litigation in the Pennsylvania state courts and in the United States District Court for the Eastern District of Pennsylvania.

     


 


 

:: Back