Michael S. Nadel is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Washington, D.C., office.
Michael is an experienced trial litigator with multiple jury and bench trials to his credit. His practice focuses on intellectual property litigation and complex commercial disputes. Presently, he has an active practice before federal district courts in the Eastern District of Texas, the Eastern District of Virginia, and other major patent jurisdictions, as well as the U.S. International Trade Commission. Additionally, he has successfully litigated large-scale contract and tort disputes.
Michael also has an active appellate practice. He has argued before numerous federal and state appellate courts.
Recent Litigation Achievements
- In the Eastern District of Texas, prevailed on all counts in a two-week jury trial in high-profile Blackboard v. Desire2Learn patent litigation. Obtained multi-million dollar judgment and secured permanent injunction against competitor’s U.S. sales.
- In the Eastern District of Virginia, cracked a patent troll’s privilege log, winning production of all documents over which attorney-client privilege was claimed and an award of attorneys’ fees.
- In the District of Maryland, obtained dismissal of claims by a patent declaratory judgment plaintiff.
- In the Eastern District of Texas, secured a dismissal of patent infringement claims brought against Laureate Education.
- In the Federal Circuit, successfully invalidated a federal health insurance regulation on behalf of two health providers, thereby securing a multimillion dollar judgment from the federal government.
- In arbitration between Computer Sciences Corporation and Sears Holdings Company arising from the termination of an information technology outsourcing agreement, secured favorable eve-of-trial settlement publicly valued at $75 million.
Successes Resulting in Published Decisions
Supreme Court of the United States:
- FEC v. WRTL, 551 U.S. 449 (2007) (finding McCain-Feingold campaign finance law unconstitutional in an as-applied challenge regarding issue advocacy)
- Beck v. PACE Int’l Union, 551 U.S. 56 (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:
- D2L Ltd. v. Blackboard Inc., 671 F. Supp. 2d 768 (D. Md. 2009) (dismissing claims by patent declaratory judgment plaintiff and transferring remaining claims)
- Jackson v. Corrections Corp. of America, 564 F. Supp. 2d 22 (D.D.C. 2008) (awarding damages for medical negligence in pro bono prison’s rights case)
- Blackboard Inc. v. Desire2Learn Inc., 521 F. Supp. 2d 575 (E.D. Tex. 2007) (striking improper motion for summary judgment for non-infringment)
- GHS Health Maintenance Organization v. United States, 76 Fed. Cl. 339 (2007) (invalidating regulation promulgated under the Federal Employees Health Benefits Act)
- Braude & Margulies, P.C. v. Fireman’s Fund Ins. Co., 468 F. Supp. 2d 190 (D.D.C. 2007) (dismissing breach of contract claims)
- 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)
- Hydranautics v. FilmTec Corp., 306 F. Supp. 2d 958 (S.D. Cal. 2003) (granting partial summary judgment in favor of plaintiff’s malicious prosecution claim)
- 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 Eastern District of Texas, the Northern District of Illinois, the District of Maryland, and the District of Columbia, and the U.S. Court of Federal Claims.
Michael serves on the national board of directors of B'nai B'rith Youth Organization (BBYO).
Education
- George Washington University Law School, J.D., 1999
- University of Pennsylvania, B.A., 1996
