Malcolm S. Hochenberg

Malcolm S. Hochenberg is a partner in the Tax Department. Malcolm’s practice involves helping clients achieve all tax and other commercial objectives in an array of industries. 

Malcolm often works with companies in the context of an M&A transaction and then becomes a day-to-day advisor to the organization and/or its owners. Malcolm also has extensive experience restructuring companies in distressed and non-distressed situations. Within the Firm and among clients, he is known for his proactive, solution-oriented approach.

Malcolm’s experience includes work in the following disciplines:


Private equity funds in dozens of acquisitions, dispositions and related financings

Acquisitions and dispositions by and of public companies

Mergers and consolidations of registered funds

Sales of professional sports franchises and other gaming businesses

Advisory and Restructuring

Reorganizing global structures for multinational firms,

Work both near and in bankruptcy, including Chapter 11 restructurings and representing ad hoc groups of private credit lenders in Chapter 11 and 363 sale processes

Designing and implementing structures for sports tournaments and other JVs involving sporting events

Working with companies in the context of tax audits and refund claims

Venture Capital and Intellectual Property

Licensing and other collaboration agreements for for-profit and tax-exempt organizations

Structuring start-ups and representing early stage investors

Representing investors in the context of transformative transactions for underlying portfolio companies

Capital Markets

IPOs, debt and equity offerings and tack-ons, including via “Up-C” structure with tax receivables agreement

Real Estate

Joint ventures, as well as acquisitions and dispositions of realty, in both contexts structuring for tax sensitive investors