Charles Michael

Charles Michael is an accomplished commercial litigator who resolutely defends clients in high stakes disputes and arbitrations. He is also experienced in regulatory and criminal investigations, and represents clients under investigation by the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the Commodity Futures Trading Commission (CFTC), and the Department of Justice (DOJ).

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Judge Hellerstein Dismisses Copyright Suit Against Author of The Art of Fielding

By Charles Michael on July 10, 2018

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a suit claiming that the popular novel The Art of Fielding unlawfully misappropriated elements of the story from an unpublished novel called Bucky’s 9th.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 of the two works. True, both works are about a struggling Division III baseball college team, and both works track the baseball team’s changed fortunes after the arrival of a new player. But that is the extent of the similarities.

Continue Reading Judge Hellerstein Dismisses Copyright Suit Against Author of The Art of Fielding

Judge Oetken Enforces “Faustian Bargain” of Free Software In Exchange for User Data

By Charles Michael on June 8, 2018

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:
Continue Reading Judge Oetken Enforces “Faustian Bargain” of Free Software In Exchange for User Data

Citing Virtues of “Inter-Court Dialogue,” Judge Oetken Refuses to Transfer EPA Case to Texas Court Considering Similar Issues

By Charles Michael on May 30, 2018

In an opinion yesterday, Judge Oetken refused to transfer to the Southern District of Texas a challenge to the EPA’s decision to suspend a rule from the previous administration, concerning the definition of “navigable waters.” The Southern District of Texas is considering similar issues in a related case, but Judge Oetken found that the desire for uniformity was not enough to justify the transfer:
Continue Reading Citing Virtues of “Inter-Court Dialogue,” Judge Oetken Refuses to Transfer EPA Case to Texas Court Considering Similar Issues

Judge Engelmayer Rejects Claim That “Diet” Label on Soda Implies Weight Loss

By Charles Michael on May 21, 2018

In an opinion Thursday, Judge Engelmayer dismissed claims by plaintiffs who alleged that they were defrauded into buying Diet Pepsi because they thought that the word “Diet” implied it would help with weight loss. He found that, in context, the plaintiffs’ alleged inference was not a reasonable one, since the term “Diet” refers to the…

Judge Sweet Rejects Shareholder Derivative Settlement With Hollow Governance Reforms

By Charles Michael on May 21, 2018

In an opinion Thursday, Judge Sweet rejected a proposed settlement of a shareholder derivative case because the consideration for the settlement consisted of three corporate governance reforms that were all but meaningless, such as a commitment to vague and unspecified “training” and a commitment to maintain the same ethics code that existed all along and that apparently didn’t help prevent the underlying wrongdoing:
Continue Reading Judge Sweet Rejects Shareholder Derivative Settlement With Hollow Governance Reforms

Bankruptcy Judge, Cleary Partner Nominated to SDNY Bench

By Charles Michael on May 10, 2018

The White House’s latest judicial nominations, announced today here, include two nominations to the SDNY bench: SDNY Bankruptcy Judge Mary Kay Vyskocil and Cleary Gottlieb partner Lewis Liman.

Judge Oetken: Genderqueer Plaintiff Cannot Sue Under Pseudonym

By Charles Michael on May 1, 2018

In an opinion last week, Judge Oetken denied a motion by a plaintiff, who identifies as genderqueer and who accuses the defendants of employment discrimination, to sue under a pseudonym. The decision was largely based on the fact that the plaintiff had already been identified in a news article, but Judge Oetken also noted the…

Judge Sullivan Nominated for Elevation to Second Circuit

By Charles Michael on April 29, 2018

The White House’s announcement is here.

Our posts on Judge Sullivan are collected here.

Democratic National Committee Sues Russia and Trump Officials Over Hacking

By Charles Michael on April 20, 2018

The complaint, filed today, alleges a broad conspiracy to benefit Donald Trump’s candidacy:

Russian agents made clear that their government supported Trump and was prepared to use stolen emails and other information to damages his opponent and the Democratic party.

Rather than report these repeated messages that Russia intended to interfere with U.S. elections,

…

Politico Profiles Judge Wood

By Charles Michael on April 20, 2018

The story, which recounts her background and some of her most significant cases, is here.

Charles MichaelPartner

Charles Michael is an accomplished commercial litigator who resolutely defends clients in high stakes disputes and arbitrations. He is also experienced in regulatory and criminal…

Gilana KellerAssociate

Gilana Keller focuses her practice on complex litigation matters with a focus on insurance and reinsurance matters and commercial litigation. Gilana represents companies in insurance…

Gilana Keller focuses her practice on complex litigation matters with a focus on insurance and reinsurance matters and commercial litigation. Gilana represents companies in insurance and reinsurance disputes, pending in state and federal court and before arbitration panels. These disputes have included representation of a leading life insurance carrier in arbitrations against reinsurers involving yearly renewable term (YRT) life reinsurance agreements and environmental insurance coverage.

Julie LascanoAssociate

Julie Wilson Lascano maintains a broad-based commercial litigation practice, representing public and private companies in all stages of litigation before state and federal courts. Her…

Julie Wilson Lascano maintains a broad-based commercial litigation practice, representing public and private companies in all stages of litigation before state and federal courts. Her varied experience includes antitrust, IP, employment, product liability, and civil class action matters, as well as internal investigations and post-investigation compliance. Julie has represented clients across a broad array of industries, including in the financial services, logistics and energy sectors.

Active in her pro bono practice, Julie has represented clients in domestic violence, criminal justice, LGBTQ+, and housing matters, including a successful claim against a landlord that resulted in significant housing repairs for her client. During law school, she also participated in Texas Law’s Environmental Clinic.

Meghan NewcomerOf Counsel

Meghan Newcomer is an accomplished litigator who focuses her practice on complex civil litigation, white-collar criminal defense, and government and internal investigations. Meghan competently navigates clients through complex commercial disputes in both state and federal court and in arbitration proceedings. She skillfully handles all phases of litigation, from managing broad discovery to drafting dispositive motions, always focused on achieving the best outcome for her clients. On the criminal side, Meghan has substantial trial experience defending individuals in white-collar criminal matters and has participated in multiple criminal trials in federal court. Meghan also has experience representing clients in high-stakes investigations by the US Department of Justice and the New York State Attorney General’s Office.

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