Brian J. Malkin

McGuireWoods LLP
Contact: (202) 857-1700
Law School: George Washington University Law School - George Washington University
Jurisdictions: DC
New York


About Brian J. Malkin
Brian leads the firm’s FDA regulatory teams. He has more than 20 years of food and drug law practice and over nine years of intellectual property law practice. In particular, his practice includes the interrelation between patent law and food and drug law. Brian’s regulatory experience includes all types of FDA-regulated products: drugs (including animal drugs), biologics, medical devices, foods and dietary supplements, tobacco products, and cosmetics. Brian’s intellectual property experience includes FDA and patent litigation for both innovator and generic companies. Immediately prior to law school, Brian worked as a legislative correspondent in the U.S. Senate Committee on Labor and Human Resources. He began his legal career as a regulatory counsel at the U.S. Food and Drug Administration, where he worked for more than nine years in both the Office of the Commissioner and the Center for Drug Evaluation and Research. At FDA, he focused on new product evaluations, compliance issues related to clinical investigations and intellectual property (e.g., patent term restoration). Brian’s work resulted in new product approvals as well as new industry guidance documents and policies, such as the animal efficacy rule for counter-terrorism products. Following several years of practice in an FDA law firm, Brian recognized an unmet need to understand both food-and-drug and intellectual-property law for lifecycle management and diligence, particularly concerning products affected by the Hatch-Waxman Act, such as generic and 505(b)(2) new drug applications. As a result, Brian returned to university to obtain a Bachelor of Science degree in biochemistry. Prior to joining McGuireWoods, he practiced for more than nine years at an intellectual property law firm, where he worked on a variety of new product evaluations, FDA and patent litigations, due diligence projects, patent prosecutions, and licensing and commercial transactions.
Practice Areas
  • Health Care Law
  • Gov & Administrative Law
  • Appeals & Appellate
  • Business Law
  • Intellectual Property
  • Patents
Jurisdictions Admitted to Practice
New York
Professional Experience
Senior Counsel, McGuireWoods LLP
Partner, Frommer Lawrence & Haug
George Washington University Law School - George Washington UniversityJ.D. (1991)
George Washington UniversityB.A. (1988)
University of MarylandB.S. (2004)
Professional Associations
Member, District of Columbia Bar


Website: Website



McGuireWoods LLP
2001 K Street NW
Washington, DC 20006
Telephone: (202) 857-1700