Michael S. Nadel is a partner in the law firm of McDermott Will & Emery LLP, based in the Firm’s Washington, D.C. office. Michael is a member of the Trial Department.
Michael is an experienced trial litigator with multiple jury and bench trials to his credit. His practice focuses on patent litigation and complex commercial disputes. Presently, he has an active practice in the Eastern District of Texas and other major patent jurisdictions. Additionally, he has successfully litigated large-scale contract and tort disputes, including class actions.
Michael also has an active constitutional and appellate practice. He has argued before numerous federal and state trial and appellate courts.
Recent Litigation Achievements
- Prevailed on all counts in a two-week jury trial and a separate bench trial in high-profile Blackboard v. Desire2Learn patent litigation in the Eastern District of Texas. Obtained multi-million dollar judgment and secured permanent injunction against competitor’s U.S. sales.
- Secured favorable settlement in commercial arbitration between Computer Sciences Corporation and Sears Holdings Company arising from the termination of an information technology outsources agreement. Sears publicly valued the eve-of-trial settlement at $75 million.
- Successfully invalidated a federal health insurance regulation on behalf of two health providers, thereby securing a multi-million dollar judgment from the federal government.
Published Litigation Successes
Supreme Court of the United States:
- FEC v. WRTL, 127 C. Ct. 2652 (2007) (finding McCain-Feingold campaign finance law unconstitutional in an as-applied challenge regarding issue advocacy)
- Beck v. PACE Int’l Union, 127 S. Ct. 2310 (2007) (holding that employer that sponsored and administered a pension plan did not violate its fiduciary duties under ERISA)
- WRTL v. FEC, 546 U.S. 410 (2006) (reinstating an as-applied challenge to the issue ad prohibition in the McCain-Feingold campaign finance law)
- Gutierrez v. Ada, 528 U.S. 250 (2000) (upholding the results of Guam’s gubernatorial election) (as sole amicus)
U.S. Courts of Appeals:
- GHS HMO, Inc. v. United States, 536 F.3d 1293 (Fed. Cir. 2008) (affirming invalidation of federal health care regulation)
- Mt. McKinley Insurance Co. v. Corning Inc., 399 F.3d 436 (2d Cir. 2005) (finding jurisdiction to hear appeal under collateral order doctrine and rejecting abstention arguments in an insurance coverage matter with bankruptcy implications)
- Illinois Clean Energy Community Foundation v. Filan, 392 F.3d 934 (7th Cir. 2004) (striking down as an unconstitutional taking Illinois's attempt to seize $125 million from a non-profit foundation to close the state budget gap)
- Aptix Corp. v. Quickturn Design Systems, 269 F.3d 1369 (Fed. Cir. 2001) (holding that a court may not strip a patent holder of its patent based on litigation misconduct)
Trial Courts:
- Blackboard Inc. v. Desire2Learn Inc., 521 F. Supp. 2d 575 (E.D. Tex. 2007) (striking improper motion for summary judgment)
- GHS Health Maintenance Organization v. United States, 76 Fed. Cl. 339 (2007) (invalidating regulation promulgated under the Federal Employees Health Benefits Act)
- City of Tempe v. FAA, 239 F. Supp. 2d 55 (D.D.C. 2003) (denying a preliminary injunction to bar construction of a new runway at Phoenix Sky Harbor International Airport)
- Bioganic Safety Brands, Inc. v. Ament, 174 F. Supp. 2d 1168 (D. Colo. 2001) (enjoining Colorado from enforcing a labeling regulation that violated the dormant commerce clause of the Constitution)
- Molinari v. Powers, 82 F. Supp. 2d 57 (E.D.N.Y. 2000) (ordering the inclusion of John McCain and other candidates on the ballot of the 2000 New York Republican Presidential Primary)
Michael is admitted to practice before the Courts of Appeals of Maryland and the District of Columbia, the U.S. Courts of Appeal for the Second, Fourth, Sixth, Seventh, Federal, and D.C. Circuits, the U.S. District Courts for the District of Maryland and the District of Columbia, and the U.S. Court of Federal Claims.
Education
- George Washington University Law School, J.D., 1999
- University of Pennsylvania, B.A., 1996
