Phil Malone is a Clinical Professor of Law at Harvard Law School and the Director of the Law School’s Cyberlaw Clinic at the Berkman Center. Phil joined the Center in September, 2004 as a co-director of the Clinical Program; in the years since, he and his clinical colleagues have built the Clinic into one of the leading entities of its kind in the country.
As a Clinical Professor, Phil will once again teach in the 2009-10 academic year his fall Practical Lawyering in Cyberspace seminar as well as two spring seminars, Cybercrime and Antitrust, Technology and Innovation. He also teaches a Freshman Seminar at Harvard College, Cyberspace in Court: Law of the Internet.
Phil came to the Berkman Center after a little over 20 years as a federal prosecutor with the Antitrust Division of the U.S. Department of Justice, where he directed numerous civil and criminal investigations and prosecutions. Most of his DOJ experience over the past 10 years focused on high-technology industries, the Internet and computer software and hardware. Beginning in 1996 Phil was lead counsel in the DOJ's investigations of Microsoft, and he was the primary career counsel, along with outside counsel David Boies, in the trial of U.S. v. Microsoft Corp.(D.D.C). Before leaving the Justice Department he was one of the lead lawyers in the government's antitrust case against Oracle Corp. Phil first became involved with the Berkman Center during the 2001-2003 academic years when he was the Victor H. Kramer Fellow at HLS. His research then focused on legal approaches to encouraging and preserving innovation in high-tech industries, evolving competition policy in the computer industry, and the use of technology in discovery and litigation.
Phil graduated long ago from Harvard College and the University of Arizona College of Law. When he is not at the Berkman Center he can often be found around Harvard's Quincy House, where he and his wife Luci are resident tutors and kids Celia and Zulie are resident entertainment.