Charles Michael

Photo of Charles Michael

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 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:…
In an opinion yesterday, Judge Pauley denied summary judgment in a case alleging that a certain rodent repeller devices are ineffective, contrary to the defendant’s allegedly false representations. He noted that the parties had filed over 40,000 words in briefing the issues, but that three photos (including the one below) were sufficient to decide the motion.  The photos showed that “mice can apparently relax comfortably under a Repeller and even appear to be so drawn…
Last week, via a memo endorsement, Judge Koeltl granted the Democratic National Committee’s motion to serve Wikileaks by Twitter in the DNC’s case over the 2016 election hacks (see our coverage here). The DNC argued that “[w]hile WikiLeaks’ physical presence is difficult to discern, it has a robust online presence, including an active presence on Twitter, using the handle @WikiLeaks.”  From that account, Wikileaks in fact had acknowledged reading the DNC’s complaint.  As…
In an docketed email Monday, Judge Berman politely declined a fan’s request to autograph a Sports Illustrated cover (likely the one below) over the “Deflategate” case (see our coverage here). Judge Berman pointed out that “while I was privileged to preside over this very interesting case, remember that I did so as the randomly selected district court judge who was next up on the case assignment wheel.”  He added that signing the cover might…
In the DNC’s lawsuit over having been hacked during the 2016 election (see here), Judge Koeltl today denied without prejudice the DNC’s motion to serve Trump advisor and son-in-law Jared Kushner by alternate means (first-class mail), instead encouraging the parties to just work something out: The Court . . . notes that service of process is intended to provide notice of a lawsuit to a defendant so that the issues of the case can…
In an opinion yesterday, Judge Hellerstein dismissed a suit claiming that the popular novel The Art of Fielding unlawfully misappropriated elements of the story from an unpublished novel called Bucky’s 9th.  After reading both works, Judge Hellerstein found they were not substantially similar: When read in context, the portions or features of TOAF that are alleged to be similar to Bucky’s are either abstract ideas, scenes a faire, or trivial details insignificant to the either…
In an opinion Wednesday, Judge Oetken ruled that it was not unconscionable for UnrollMe, a provider of free software to help unsubscribe consumers from unwanted email, to enforce the users’ agreement to allow the company to use or sell their data, at least on an anonymized basis — notwithstanding that people may not like this sort of arrangement:…