Skip to main content

Professionals Professionals Section

Practices

Education

Expand All >>
Biography Press Room

Malcolm S. Hochenberg is a senior counsel in the Tax Department. Malcolm has a broad practice, including inbound and outbound mergers and acquisitions, capital markets transactions, financial products, cross-border investments (with some emphasis on joint ventures involving intellectual property and other businesses) and tax controversies. Malcolm represents public companies, closely-held companies, asset managers and high-net-worth individuals.

Matters representative of Malcolm’s work include acting for:

  • Celgene Corporation in its $7.2 billion stock acquisition of Receptos, Inc.;
  • Ascena Retail Group, Inc. in its $2 billion stock acquisition of ANN INC. (owner of LOFT and Ann Taylor);

  • Amadeus S.A. in its $500 million stock acquisition of Newmarket International;

  • Henry Schein, Inc., Church & Dwight Co. and Stryker Corporation in a variety of acquisitive stock and asset transactions;

  • The owners in connection with the sale of the Florida Panthers hockey franchise;

  • Bruin Sports Capital and RedBird Capital Partners in a transaction with the National Football League to form a new holding company to run the NFL On Location event and hospitality business;

  • A variety of non-U.S. and U.S. pharmaceutical companies in licensing and investment arrangements; and

  • Fifth Street Asset Management, Inc. in the initial public offering of its common stock.

In 2013, Malcolm was the chairperson of “Under 10,” which is the New York State Bar Association Tax Section’s group for lawyers with ten years or less of practice experience. In 2014, Malcolm co-authored a report to the IRS and Treasury Department on certain “partnership built-in loss” regulations prepared under the auspices of the NYSBA Tax Section.