ABOUT
McBratney Law provides its clients a direct line to one of Brisbane’s most successful intellectual property, commercial and corporate lawyers. You won’t be passed off to paralegals or junior lawyers, you’ll simply receive Malcolm’s exceptional service and expertise developed over 25 years of experience.
Corporate and M&A
Malcolm McBratney advises listed and unlisted clients on capital raising, restructuring, mergers and acquisitions, due diligence, ASX compliance, corporate governance, directors' duties, employee share schemes and general strategic advice. Malcolm regularly acts in small and large business or company sale transactions, including pre-sale vendor due diligence and “clean up”. Malcolm has significant experience in assisting overseas corporations establishing in Australia and assisting Australian companies establish overseas in the USA, the EU and elsewhere.
Commercial
Malcolm advises on commercial contract drafting and negotiations, contracts for the sale of goods and services, IT procurement contracts, SaaS agreements, Master Services Agreements, joint ventures, R&D collaborations, franchising and IP licencing. Whether it be a simple NDA through to a large procurement contract, Malcolm provides practical, concise and efficient legal advice and commercial contract assistance from beginning to end. Malcolm has extensive expertise in advising on risk allocation in contracts including the interplay of warranties, indemnities, limitations of liability and insurance cover.
Intellectual Property
Malcolm is an intellectual property specialist who helps clients identify, protect and commercialise their intellectual property. He provides advice on copyright, patents, trade marks, registered designs and other IP rights. His practice covers advice on IP protection and IP management and strategy, IP due diligence, IP commercialisation and IP infringement. Malcolm’s expertise and experience extends to franchising, IP disputes, licencing, technology transfer, due diligence, the full suite of IT&T agreements, data protection and privacy and more.
MALCOLM MCBRATNEY
A specialist in the areas of corporate, commercial and intellectual property, Malcolm has over 25 year’s experience working for some of Australia’s most prominent legal practices, assisting clients both domestically and internationally.
Malcolm’s expertise includes technology and intellectual property law, corporate and commercial law, mergers and acquisitions and consumer and competition law. Malcolm regularly acts for overseas companies establishing in Australia as well as Australian companies expanding internationally.
The Managing Intellectual Property Handbook describes Malcolm as “not only knowledgeable in the law, but [he] also grasps the commercial implications of any action, quickly.” Malcolm has also been recommended in Asia IP Profiles for his ‘expertise and responsiveness’ as well as his ‘fantastic client service’. Malcolm has also received recommendations from Best Lawyers in Australia in both Commercial and Intellectual Property Law, as well as in Doyle’s Guide for Intellectual Property.
RECENT EXPERIENCE
- Acting in the $120m sale of a heath industry business in the not-for-profit sector.
- IP due diligence and rectification prior to and acting in the subsequent sale of a high-tech recycling business.
- Advising numerous US and EU based companies on their establishment in Australia and day to day operations and expansion.
- Advising various fintech clients, small and large in the payments and related spaces on drafting and negotiation of agreements with merchants, banks, Visa and Mastercard and other payment providers and intermediaries.
- Advising a number of local and USA based private equity and venture capital firms on investments into Australian startups and emerging companies.
- Drafting and negotiating a range of SaaS, Master Services and related agreements for software providers and customers.
- Advising on patent protection and infringement issues for a range of clients in the mining, agricultural, IT, life sciences and other industries.
- Advising various celebrities on social media and intellectual issues, including brand protection and expansion, influencer agreements, television and film contracts, international expansion and IP infringement issues.
AWARDS AND RECOGNITION
- Recognised Lawyer, Commercial Law and Intellectual Property Law, Best Lawyers in Australia.
- Recommended, Intellectual Property and Data Protection, The Legal 500 Asia Pacific
- Transactions Star, Managing Intellectual Property, IP Stars Australia