Lou Malone is a 1980 graduate of the Detroit College of Law. Mr. Malone joined O’Donoghue & O’Donoghue in 1988, and became a partner in 1993. Throughout this time, Mr. Malone has been involved extensively in ERISA related litigation issues, having first chair responsibility in cases involving the collection of delinquent contributions and withdrawal liability, bankruptcy claims, allegations of fiduciary breach, denial of benefits, subrogation, prohibited transactions, and post-judgment collection activities. In addition, Mr. Malone has assisted in the resolution of compliance issues and the preparation and filing of forms and reports to the United States Department of Labor and the Internal Revenue Service. He is also involved in traditional labor and employment litigation issues, including unfair labor practices, employment discrimination, anti-trust, breach of contract, defamation, trade mark infringement and various personal torts.
Mr. Malone is counsel to apprenticeship programs and his clients include one of the only nationwide apprenticeship programs in the country. He has designed and secured the registration of new apprenticeship programs and is a frequent speaker at client sponsored conferences on topics related to the operation and design of apprenticeship programs. Mr. Malone also represents IRC Code section 501(c)(3) organizations and has secured IRS recognition for such organizations and provides advice on all issues related to their governance and operations.
Prior to joining O’Donoghue & O’Donoghue, Mr. Malone worked as an in-house lawyer for the Brotherhood of Maintenance of Way Employees, serving as General Counsel for the Union from 1982 through 1986. As General Counsel, Mr. Malone was responsible for the union’s legal activity, including litigating and/or supervising the union’s nationwide docket of cases, as well as preparing and adhering to an annual budget. While serving as General Counsel he coordinated a nationwide strike culminating with the Supreme Court’s landmark decision in Burlington Northern R.Co. v. BMWE, 481 U.S. 429 (1987), establishing that the Railway Labor Act does not contain a statutory prohibition against secondary activity. From 1986 to 1988, Mr. Malone was a senior associate with the firm of Feder & Associates.
Throughout his professional career, Mr. Malone has been active in bar activities and has served as the Union co-chairman for the American Bar Association’s Committees on the Railway Labor Act, the Union co-chairman of the ERISA preemption subcommittee of the American Bar Association’s Committee on employee benefits and Union Co-Chairman of the American Bar Association’s Committee on Equal Employment Opportunity Law. He also has served as a chapter editor of the American Bar Association’s Treatises on Employee Benefits and Employment Discrimination. In 2012, Mr. Malone became a fellow of the College of Labor and Employment Lawyers. Mr. Malone is a member of the bars of the District of Columbia and Michigan and numerous federal district and appellate courts.