Charles Michael

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Charles Michael has successfully handled a wide range of commercial litigation matters.  He has obtained favorable settlements or dismissals on behalf of clients accused of securities fraud, intellectual property infringement, antitrust violations, wrongful termination and breach of contract.  He has also successfully represented clients bringing claims for breach of fiduciary duty, trademark infringement, breach of contract, and professional malpractice.

He is the founder and editor of the SDNY Blog which covers civil litigation and trial practice in the US District Court for the Southern District of New York.  Additionally, Mr. Michael has recently given several presentations to in-house counsel at private equity firms and others about limiting the risk of being held responsible in court for portfolio company liabilities, and preserving the attorney-client privilege among corporate affiliates.

Latest Articles

In an opinion Friday, Judge Ramos, concurring with other federal courts in Pennsylvania, California and Illinois, found that an Executive Order in July 2017 aimed at so-called “sanctuary cities” was unlawful.  The Executive Order conditioned certain federal funds for state and local government law enforcement-related programs (such as drug treatment or witness programs) on those governments cooperating in various specific ways with federal enforcement of immigration laws. Judge Ramos concluded (among other things) that the…
On Friday, the Supreme Court, as expected, granted certiorari in the challenge pending before Judge Furman over the addition of a citizenship question to the census.  The question presented concerns whether it is appropriate to order discovery outside the administrative record (such as the deposition Judge Furman had earlier ordered of Commerce Secretary Wilbur Ross). Judge Furman recently completed a bench trial in the case.  The Government this morning asked Judge Furman to halt
In an opinion today, Judge Cote denied a motion to compel brought by the defendants in an SEC enforcement action relating to one of the SEC’s witnesses.  The defendants claimed that the witness gave inaccurate deposition testimony about having been disciplined at work for having harassed a former romantic partner, and so wanted more documents about the incident, and an additional deposition.  Judge Cote, who chose not to identify the witness by name, emphatically denied…
In a handwritten memo endorsement today, Judge Gardephe denied a plaintiff’s request to force the defendants’ insurers to participate in mediation, concluding that the Court lacked the power to direct the actions of a nonparty: The Carriers are not parties before this Court. If Defendants believe that the Carriers are not meeting their responsibilities under the D + O policies, their remedy is to sue the carriers.…
In a complaint Tuesday, the Girl Scouts sued the Boy Scouts for trademark infringement and unfair competition, arising from the Boy Scouts’ recent decision to include girls, and to use gender-neutral terms like “scout,” that will allegedly confuse the public.  From the complaint’s introduction:…
In an opinion Wednesday, Judge Engelmayer denied a motion by musician Kendrick Lamar (and other defendants) for partial summary judgment in a copyright case brought by an artist claiming that his work was displayed without authorization in the music video “All the Stars” from the Black Panther movie. The plaintiff hadn’t registered his work and so wasn’t eligible for statutory damages.  The defendants argued that any actual damages — profits gained from the alleged wrongdoing…
In an Order this evening, the Supreme Court issued a temporary stay of any deposition of Commerce Secretary Wilbur Ross in the case challenging the constitutionality of adding a question about citizenship status to the 2020 U.S. census questionnaire.  Judge Furman had ordered the deposition to go forward (see our coverage here).  The stay is in effect until Monday, but, if there is a mandamus or certiorari petition filed before then, will continue until…
In an opinion today, Judge Furman ruled that, under the Due Process Clause, it is the Government that must bear the burden, in immigration proceedings, to justify the continued detention of people subject to deportation. He found that, in weighing the Government’s interests of ensuring an appearance by the person subject to deportation against that person’s liberty interests, “the greater risk of error” should fall to the Government, and that “[s]everal other considerations” reinforced the…
In an opinion yesterday, Judge Castel denied in part a motion to compel certain drafts of sales and marketing documents withheld as privileged in an antitrust case.  The plaintiff argued that the attorneys were not providing legal advice but, instead, “‘scrubbing’ or ‘vetting’ these documents ‘to avoid having a jury see the unvarnished truth.”  Judge Castel disagreed, and emphasized that it is perfectly appropriate for lawyers to review documents before any wider circulation:…