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Attorney Profile

Jeffrey J. Malak

Mr. Malak is a partner in the law firm of Chariton Malak who possesses broad experience in litigation, including energy, estate and trust litigation as well as corporate matters.
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Legacy

Proven Experience in Complex Litigation & Appeals

Jeff has also briefed and argued numerous appeals in both Federal and State Courts including the Pennsylvania Supreme Court, Pennsylvania Superior Court, Pennsylvania Commonwealth Court, Middle District of Pennsylvania and the Third Circuit Court of Appeals. Acting as lead counsel, Jeff has had numerous decisions reported, including several precedential Pennsylvania energy decisions. Jeff represents individuals, domestic corporations, partnerships, limited liability companies, municipalities, municipal authorities, renewable energy companies, oil and gas companies, oil and gas drilling and production companies, natural gas pipeline/transmission companies, estates, trusts, financial and trust institutions and national life insurance companies. Jeff also has extensive experience representing over 19 municipal and government agencies.
Practice Focus

Bar Admissions, Leadership & Professional Recognition

Jeff is admitted to practice law before all State Courts in both Pennsylvania and New Jersey including the Superior Court of Pennsylvania and the Supreme Court of Pennsylvania. He also maintains an active Federal litigation practice before the United States District Court for the Middle District of Pennsylvania, the United States District Court for the District of New Jersey, the United States Court of Appeals for the Third Circuit and the Supreme Court of the United States of America.
Jeff is past Chairperson of the Pennsylvania Bar Association’s Shale Energy Law Committee, served on the Luzerne County Bench Bar Committee, the Luzerne County Estate Litigation and Orphans Court Rules Committee, the Pennsylvania Bar Association Real Property and Trust Section, the Pennsylvania State University, Dickinson School of Law, Board of Governors (at large), and was named to the Pennsylvania Disciplinary Board as a Hearing Officer.
Among his noteworthy achievements, Jeff has been selected as a Pennsylvania Super Lawyer since 2022. Jeff was also selected as a Pennsylvania Super Lawyer Rising Star for numerous years and was named one of 30 lawyers in Pennsylvania selected to Lawyers on the Fast Track by The Philadelphia Legal Intelligencer. He is also a past recipient of both the Pennsylvania Northeast Business Journal’s and the Wilkes-Barre Times Leaders’ Top 20 Under 40.

ADMISSIONS & EDUCATION

Education, Admissions & Speaking Engagements

Jeff’s academic background, multi-jurisdictional bar admissions, and extensive speaking experience reflect a broad foundation in law, public administration, business, and professional leadership.
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Speaking Engagements
  • National Business Institute - Attorney’s Guide to Local Government Law Seminar, “Shared Services and the Benefit of Intergovernmental Cooperation”
  • Pennsylvania Bar Institute - “Real Estate During the Estate Administration Process”
  • Pennsylvania Bar Association - PBA Shale Energy Law Committee - “Recent Case Updates”
  • Wilkes-Barre Law Library Bench Bar Committee “Oil and Gas Pipeline Updates”
  • New Jersey Fraternal Congress - Convention Speaker, “Duties, Rights and Responsibilities of a Non-Profit Corporate Director”
  • Polish Union of the United States of North America - Convention Speaker, “Board Member Duties and Responsibilities”
  • Ladies Pennsylvania Slovak Catholic Union - Convention Speaker, “Fiduciary Duties”
  • Speaker on “Right of Way Pipeline and Estate Planning Discussion”
  • Speaker on “Right to Know Law - Act 3 of 2008"
Education
  • The Pennsylvania State University Dickinson School of Law, J.D. and Masters in Public Administration
  • Cornell Law School, Business Law Certificate
  • Johns Hopkins University, B.A.
  • Wyoming Seminary College Preparatory School
Bar Admissions
  • Pennsylvania
  • New Jersey
  • U.S. District Court Middle District of Pennsylvania
  • U.S. District Court District of New Jersey
  • United States Court of Appeals for the Third Circuit
  • United States Supreme Court
PROFESSIONAL LEADERSHIP

Litigation And Representative Matters

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.
  • Counseled numerous renewable energy companies in complex zoning, land use, and regulatory matters related to high-value utility-scale solar energy projects. Achieved favorable outcomes before zoning hearing boards and boards of supervisors, securing critical approvals for solar farms representing substantial capital investments and long-term energy infrastructure assets. The representation also included successful appellate advocacy in multiple zoning disputes, resulting in decisions that upheld project approvals, protected significant project value, and reinforced the legal framework supporting solar development.
  • Represented a highnetworth beneficiary in litigation concerning the termination and distribution of a substantial estate, involving complex issues of estate administration, fiduciary duties, and asset allocation. Through strategic advocacy and favorable court rulings, overcame challenges to the proposed distribution scheme and secured recognition of the client’s rights and interests in the estate. The matter concluded with the successful termination of the estate and distribution of assets on terms favorable to the client.
  • Successfully represented a shareholder in a multifaceted business dispute involving allegations of minority shareholder oppression, breaches of fiduciary duty, employment classification issues, discrimination claims, and contested ownership valuation. Through successful advocacy in proceedings before the Third Circuit, federal district court, and Pennsylvania trial courts, defeated key claims and prevailed on significant statutory and procedural issues, creating substantial leverage for resolution. The matter ultimately resulted in a multimillion-dollar settlement, achieving an exceptional outcome for the client and ending years of complex litigation.
  • Advised the owner of a successful business in connection with the sale of the company in a transaction valued in excess of seven figures. The representation involved managing all phases of the deal, including transaction structuring, negotiation of definitive agreements, and resolution of diligence and closing issues. The transaction closed on favorable terms, maximizing value and positioning the client for a successful exit.
  • Achieved a significant victory before the Pennsylvania Supreme Court in a highstakes property dispute involving competing claims to thousands of acres of land. The case centered on record title, chain of ownership, and the legal effect of 19thcentury tax sales. By demonstrating the controlling force of the original warrant and survey history and defeating competing claims based on defective conveyances, obtained a ruling confirming the client’s superior title to the property

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