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Introduction
Shahzad Malik is a partner within Nixon Peabody’s Corporate & Finance practice group and a member of our Tax team. He concentrates on tax issues for mergers, acquisitions, private equity investments and fund formation matters as well as tax controversy issues.
My focus
Corporate and Transactional Tax Issues
I have extensive experience advising corporate clients on tax matters relating to mergers, acquisitions, private equity investments, fund formation and cross-border transactions. I regularly work with domestic and international public and private companies, private equity and venture capital firms, hedge funds and distressed debt funds on the tax aspects of mid- to large-scale transactions. I work with clients across a variety of industries, with a particular focus in the technology and medical devices sectors.
Much of my work involves international transactions spanning the globe, with significant experience in Canada, India and China.
Tax Controversy and Litigation
In addition to my corporate tax practice, I also represent clients in complex civil and criminal tax controversy and tax litigation matters. I work with clients to resolve tax issues as quickly as possible and have brought tax cases before the United States Tax Court, Federal District Court and the United States Court of Claims. I have also represented many clients before the Internal Revenue Service (IRS) and the California Franchise Tax Board.
Looking ahead
I see a significant increase in international investment.
In addition, and with private equity and strategic clients getting savvier in their tax planning, I expect to see changes such as moving intellectual property to lower tax jurisdictions and using LLC structures to maximize desirable tax consequences to their investors and executives.
Insights
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Shahzad is the principal author of the 2nd edition of Taxation Of Securities Transactions, a comprehensive U.S. federal income tax treatise.
- “Private Equity and Venture Capital Committee Meeting,” American Bar Association's Business Law Section Virtual Spring Meeting, April 19, 2021
- Virtual Private Equity Panel, BDO USA LLP, Webinar, July 29, 2020
- “The 2020 FBAR Litigation Update,” Orange County Bar Association, Tax Law Section, Webinar, July 9, 2020
In the news
- The Deal
Trinity Hunt takes majority stake in Supreme Optimization
March 15, 2023This article covering Trinity Hunt Partners’ majority investment in life sciences digital marketing agency Supreme Optimization mentions Los Angeles Corporate partner Mike Lawhead for leading the NP team representing Supreme in the transaction. The NP team also included Corporate partners Christian Hancey of Rochester, Shahzad Malik of Los Angeles, and Andrew Share of Manchester; San Francisco Labor & Employment partner Seth Neulight; Corporate associates Brian Kenney from Washington, DC and Jacalyn Smith from Chicago; and Los Angeles senior paralegal Mina Gonzaque-Taylor and Chicago paralegal Astrid McGruder, both of the Corporate practice.
- Mergers & Acquisitions
Trinity Hunt Partners invests in Supreme Optimization
March 14, 2023This article covering Trinity Hunt Partners’ majority investment in life sciences digital marketing agency Supreme Optimization mentions NP for serving as Supreme’s legal advisor in the deal. Los Angeles Corporate partner Michael Lawhead led the NP deal team, which also included Corporate partners Christian Hancey of Rochester, Shahzad Malik of Los Angeles, and Andrew Share of Manchester; San Francisco Labor & Employment partner Seth Neulight; Corporate associates Jacalyn Smith of Chicago and Brian Kenney of Washington, DC; and Los Angeles senior paralegal Mina Gonzaque-Taylor and Chicago paralegal Astrid McGruder, both of the Corporate practice.
- Mergers & Acquisitions
S&P Global Mobility purchases Market Scan
March 10, 2023This article covering S&P Global Mobility’s purchase of automotive pricing and incentive intelligence company Market Scan, mentions NP for advising Market Scan in the sale. The NP deal team was led by San Francisco Corporate partner Lior Zorea, leader of the firm’s West Coast Emerging Companies and Venture Capital team. The team also included Corporate partners Christian Hancey of Rochester and Shahzad Malik of Los Angeles; San Francisco Affordable Housing & Real Estate partners Ian O’Banion and Alison Torbitt; Corporate counsels Michael Fitzpatrick of Boston and Matthew Goedert of San Francisco; Washington, DC Complex Disputes counsel Brian Whittaker; Rochester Cybersecurity & Privacy counsel Jenny Holmes; Corporate associates Robert Pethick of Boston and Brian Kenney of Washington, DC; and Washington, DC Construction & Real Estate Litigation associate Martha Medina.
- The Deal
Borealis Foods strikes SPAC deal
Feb 24, 2023The following article highlights NP’s role as US legal counsel to Borealis Foods Inc. in its announced business combination with SPAC Oxus Acquisition Corp. The deal will result in Borealis going public at an estimated value of $150 million. The NP team is led by Boston Corporate partner and Business & Finance Department head Chris Keefe and New York City Corporate partner Dick Langan. The core team also includes Los Angeles Corporate partner and Tax practice co-leader Shahzad Malik; Washington, DC Complex Disputes partner and Antitrust leader Gordy Lang; and Corporate associates Paul DeTurk of Boston, Corey Habib of Manchester, and Brian Kenney of Washington, DC.
- Law360
Five firms steer plant-based food company’s $150M SPAC merger
Feb 24, 2023The following article highlights NP’s role as US legal counsel to Borealis Foods Inc. in its announced business combination with SPAC Oxus Acquisition Corp. The deal will result in Borealis going public at an estimated value of $150 million. The NP team is led by Boston Corporate partner and Business & Finance Department head Chris Keefe and New York City Corporate partner Dick Langan. The core team also includes Los Angeles Corporate partner and Tax practice co-leader Shahzad Malik; Washington, DC Complex Disputes partner and Antitrust leader Gordy Lang; and Corporate associates Paul DeTurk of Boston, Corey Habib of Manchester, and Brian Kenney of Washington, DC.
- Bloomberg Tax
Leveling up sales taxes for esports teams and gaming companies
Dec 14, 2022Partner and Tax practice co-leader Shahzad Malik and corporate tax specialist Paula Gustafson, both of the Corporate group and Los Angeles office, contributed this article discussing how tax rules have not caught up to the unique compliance challenge of esports and gaming companies. Paula and Shahzad focus on a 2018 U.S. Supreme Court ruling in South Dakota v. Wayfair that found states may charge tax on purchases made from out-of-state sellers, even when the seller does not have a physical presence in that state.
- Law360
Law360 names attorneys who moved up the firm ranks in Q2
This article on notable partner-level promotions during Q2 includes the appointment of Providence Labor & Employment partner Stacie Collier to Chief Talent Officer. In addition, NP’s recent appointments to department heads and practice group leaders were included: San Francisco Complex Commercial Disputes partner Tony Barron as Litigation Department chair, Boston Private Equity & Investment Funds partner John Beals as Investment Funds practice group leader, Boston Corporate partner Chris Keefe as Business & Finance Department chair, Los Angeles Corporate partner Shahzad Malik as Tax team co-leader, Washington DC Community Development Finance partner Matt Mullen as Community Development Finance practice group leader, and Albany Private Equity partner Todd Tidgewell as Corporate practice group leader.Aug 18, 2021 - Law360
Investment company manager fails to get FBAR case tossed
This article, on a matter involving penalties assessed by the IRS against an investment company manager accused of an alleged failure to file a foreign bank and financial account form (FBAR), quotes Tax team co-leader and Los Angeles Corporate partner Shahzad Malik on why it was necessary to bring a motion for dismissal.April 9, 2021 - Law360
In Case You Missed It: Hottest Firms and Stories On Law360
The article “Tax Reform’s Impact on Private Equity,” written by NP attorneys Sean Clancy, Shahzad Malik, Praveen Ayyagari and Brian Mahoney, was one of Law360’s most-clicked items last week.April 8, 2018 - Law360
Tax Reform’s Impact On Private Equity
Washington DC public company transactions partner Sean Clancy and associate Praveen Ayyagari, Rochester M&A and corporate transactions associate Brian Mahoney and Los Angeles M&A and corporate transactions partner Shahzad Malik contributed this expert analysis column on tax reform’s impact on private equity.April 3, 2018
Admitted to practice
California
Education
New York University, LL.M.
University of Ottawa, B.S.
University of Ottawa, J.D.
Professional activities
- Shahzad is a member of The Law Society of Upper Canada. He is also on the Board of Directors for Muslim Advocates.
Recognition
- Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2023 in the field of Tax Law
