Michael S. Nadel is the co-head of the Firm’s litigation practice in Washington, D.C. He is an accomplished first-chair trial attorney. Michael has handled numerous jury trials, bench trials, and injunction proceedings in federal and state courts around the country. He has won high-profile cases involving breach of contract, trade secret theft, patent and trademark infringement, and the False Claims Act. Michael won the first jury verdict obtained by any litigant under the Defend Trade Secrets Act, the recently enacted federal trade secret statute.
Michael’s practices focuses on business litigation and sensitive disputes involving high net worth individuals and families. His clients range from Fortune 100 public corporations to private equity portfolio companies to entrepreneurs to family foundations and trusts. He has achieved notable successes litigating for clients in the fields of technology, health care, data privacy, food and beverage, pharmaceuticals, and financial services.
Michael also handles appeals. He has litigated cases before the Supreme Court of the United States and has represented clients in nearly every federal court of appeals.
Dalmatia Import Group, Inc. v. FoodMatch, Inc. (E.D. Pa.)—Lead trial counsel for plaintiff in a case involving misappropriation of trade secrets, trademark infringement, counterfeiting, and conversion in the specialty food industry. Won four-week jury trial, obtaining the verdict first won by anyone under the Defend Trade Secrets Act of 2016. After trial, won trebling of damages and secured permanent injunction.
Blackboard Inc. v. Desire2Learn Inc. (E.D. Tex., Fed. Cir.)—Lead counsel for Blackboard in patent infringement case involving online learning management systems. Won two-week jury trial, with the patent-in-suit found infringed and not invalid. Secured permanent injunction against leading competitor’s U.S. sales.
US Conference of Mayors v. Great-West Financial (D.D.C., D.C. Cir.)—Trial counsel for the Mayors in breach of contract action. Won three-week jury trial, prevailing on all claims. After trial, won award of attorneys’ fees. Won affirmance on appeal.
Computer Sciences Corporation v. Sears Holdings Corporation (N.D. Ill., 7th Cir., arbitration)—Co-lead counsel for CSC in dispute over breach of information technology outsourcing agreement—the largest of its kind at the time. Secured $75 million settlement on the eve of trial.
Smith v. Federal Title & Escrow Co. (D.C.)—Lead trial counsel for victims of cyber-fraud, from whom the full $1.6 million purchase price of their home was stolen, allegedly through a business email compromise scam.
Authentic Apparel Group v. United States (C.F.C.)—Lead trial counsel for Dwayne Johnson, a.k.a. The Rock, in dispute involving the protection of confidential information. Obtained the full relief sought by The Rock.
Digital-Vending Services International, LLC v. University of Phoenix et al. (E.D. Va.)—Lead trial counsel for Laureate Education and Walden University. Cracked the plaintiff’s privilege log and won sanctions and attorneys’ fees. Then, retained as replacement counsel for The University of Phoenix and Apollo Group, secured an adverse inference jury instruction as a result of the plaintiff’s litigation misconduct. Won complete summary judgment.
United States ex rel. José Valdez v. Aveta, Inc. (D.P.R.)—Trial counsel in qui tam action brought under the False Claims Act seeking $1 billion from Medicare Advantage organizations.
F.P. Winner Ltd. v. Pabst Brewing Company (Md.)—Lead counsel for Pabst in lawsuit brought by a former distributor alleging breach of contract and wrongful termination. Won complete summary judgment.
Kirgan v. M&T Bank (E.D. Va., D.Md., 4th Cir.)—Lead trial counsel in dispute among trustees to determine control of a charitable trust. Won award of $750,000 in attorneys’ fees for client trustees.
F.P. Winner Ltd. v. The Boston Beer Company (Md.)—Lead counsel for Boston Beer and Dogfish Head in lawsuit brought by ousted distributor.
Allscripts Healthcare v. Decision Resources Group (D. Mass.)—Lead trial counsel for Allscripts in action involving data privacy issues with claims for breach of contract, misappropriation of trade secrets, and unfair competition.
In re ZTE (Fed. Cir.)—Appellate counsel in successful mandamus action in which the Federal Circuit redefined the application of the burden of proof in patent venue cases.
Netlist, Inc. v. Diablo Technologies, Inc. (N.D. Cal., Fed. Cir.)—Counsel for Diablo in trade secret case. Won order staying preliminary injunction. Following jury trial victory, judgment for Diablo was affirmed.
United States ex rel. Paul Shorrosh v. United Health (S.D. Ala.)—Counsel for United in qui tam action brought under the False Claims Act alleging Medicare fraud. Won complete defense judgment.
GHS HMO v. United States (C.F.C., Fed. Cir.)—Lead trial and appellate counsel for Sierra Health Services and Scott & White Health Plan. In the trial court, won a multimillion dollar judgment against the government and invalidated federal healthcare regulation. In the Federal Circuit, won affirmance.
1723 Wisconsin Avenue LLC v. Marinovic (D.D.C.)—Lead counsel in dispute over control of high-value properties owned by a charitable trust.
Illinois Clean Energy Community Foundation v. Filan, (N.D. Ill., 7th Cir.)—Won judgment, affirmed on appeal, striking down as an unconstitutional taking Illinois’s attempt to seize $125 million from a non-profit foundation.
Bioganic Safety Brands, Inc. v. Ament (D. Colo.)—Won order enjoining Colorado from enforcing a labeling regulation that violated the dormant commerce clause of the Constitution.
Spatium Innovations, LLC v. Blackboard Inc. (E.D. Va.)—Lead counsel for Blackboard in patent infringement case involving web conferencing and collaboration technology. Won judgment of invalidity on indefiniteness grounds.
North Texas Patent Group v. Blackboard Inc. (N.D. Ill.)—Lead counsel for Blackboard in unfair competition case. Won complete defense judgment.
Uniloc v. Blackboard Inc. (E.D. Tex., W.D. Tex., Fed. Cir.)—Lead counsel in patent infringement action involving management of applications on a network. Won invalidation of every asserted patent claim as invalid.
Sampo IP v. Twitter, Inc. (D. Del.)—Lead counsel for Twitter in patent case involving distributed communication methods. Won motion to transfer case to Northern District of California, Twitter’s home jurisdiction.
Microbix Biosystems v. Novartis Vaccines and Diagnostics (E.D. Tex.)—Trial counsel for Novartis in patent infringement case involving methods for making flu vaccine. Won dispositive Markman ruling, which resulted in entry of judgment of non-infringement.
Neopart Transit v. CBM Groupe (E.D. Pa.)—Lead counsel in trade secret, tortious inference, and conspiracy suit arising from unfair competition in the bus part distribution market.
In re Certain Optical Disc Drives (I.T.C.)—Counsel for Panasonic and Nintendo in Section 337 investigation targeting laptops, Blu-ray players and gaming devices. Won Initial Determination of no domestic industry and lack of standing.
In re Certain Audiovisual Components (I.T.C.)—Counsel for Panasonic in Section 337 investigation involving televisions, home theater systems, tablets and mobile telephones. Won Initial Determination of non-infringement as to all patents, invalidity as to two patents and no domestic industry.
Williamson v. Citrix Online, (C.D. Cal., D.D.C., Fed. Cir.)—Lead counsel in patent infringement case involving collaboration software. Won motion to transfer venue to the District of Columbia. All asserted patent claims invalidated after two trips to the Federal Circuit.
Ingeniador, LLC v. Interwoven (D.P.R.)—Lead counsel in patent infringement case involving content management system software. Won dismissal for lack of personal jurisdiction.
Escort, Inc. v. K-40 Electronics, LLC (S.D. Ohio)—Lead counsel for K-40 in patent infringement case involving radar detection technology. Won motion to stay the case pending inter partes review, after which the USPTO invalidated asserted patent claims.
TechRadium, Inc. v. Twitter, Inc. (S.D. Tex.)—Lead counsel for Twitter in its first patent suit. Obtained stay pending inter partes reexamination, after which the patents were invalidated.
Allagash Brewing Co. v. Shangy’s, Inc. (E.D. Pa.)—Lead counsel in declaratory judgment action regarding distribution rights.
CoolTVNetwork.com v. Blackboard Inc. (D. Del.)—Lead counsel for Blackboard in meritless case brought by prolific patent troll.
Riggs Technologies v. Blackboard Inc. (W.D. Tex.)— Lead counsel Blackboard in patent infringement case involving the provision of training materials.
FEC v. WRTL (US Supreme Court)—Won decision that McCain-Feingold campaign finance law is unconstitutional in an as-applied challenge regarding issue advocacy.
Aptix Corp. v. Quickturn Design Systems (Fed. Cir.)—Won holding that a court may not strip a patent holder of its patent based on litigation misconduct.
Location Services v. JPMorgan Chase & Co. (E.D. Tex.)—Lead counsel for JPMorgan in patent infringement case involving location database feature of smart phone apps.
In re Collaborative System Products (I.T.C.)—Lead counsel for Promethean in Section 337 investigation initiated by a leading competitor involving learning response systems.
Beck v. PACE Int’l Union (US Supreme Court)—won decision that employer that a sponsored and administered pension plan did not violate its fiduciary duties under ERISA.
Rothschild Location Technologies v. CNH Industrial America (D. Del.)—Lead counsel in patent infringement case involving global positioning systems.
Plexxikon Inc. v. Novartis Pharmaceuticals Corp. (N.D. Cal.)—Trial counsel in patent infringement case involving treatment for metastatic melanoma.
Sampo IP v. Blackboard Inc. (E.D. Va.)—Lead counsel in patent infringement case involving distributed communication methods.
Aeritas, LLC v. Groupon (E.D. Tex.)—Lead counsel for Groupon in patent infringement case involving mixed-mode use of a wireless device to submit queries.
Location Services v. Groupon (E.D. Tex.)—Lead counsel for Groupon in patent infringement case involving location database feature of smart phone apps.
In re Certain Course Management System Software Products (I.T.C.)—Lead counsel for Blackboard in Section 337 investigation regarding learning management systems.
AKM LLC v. Secretary of Labor (D.C. Cir.)—Won decision overturning administrative citations on statute of limitations grounds.
Clear with Computers v. CNH America (E.D. Tex.)—Lead counsel in patent infringement case involving electronic proposal preparation systems.
ABBYY USA Software House v. Nuance Communications, Inc. (N.D. Ill.)—Lead counsel for Nuance in unfair competition, Lanham Act and false advertising case.
Better Education, Inc. v. eInstruction et al. (E.D. Tex.)—Lead counsel for in case involving interactive classroom technology.
JRL Enterprises, Inc. v. Blackboard Inc. (D. Del.)—Lead counsel for Blackboard in patent infringement case involving education technology.
Property Disclosure Techs. v. Redfin Corp. (E.D. Tex.)—Co-lead counsel for Redfin in patent infringement case involving real estate disclosure technology.
Fundamental Innovations v.ZTE Corp. (N.D. Tex.)—Trial counsel in patent infringement case involving mobile phone technology. Secured transfer from the Eastern District of Texas.
American GNC Corp. v. ZTE Corp. (E.D. Tex)—Trial counsel in patent infringement case involving mobile phone technology.
Braude & Margulies, P.C. v. Fireman’s Fund Ins. Co. (D.D.C.)—Won dismissal of breach of contract claims.
ComCam International v. Brivo Systems (E.D. Tex.)—Co-lead counsel in patent infringement case involving security system technology.
CIBA Vision Corp. v. Johnson & Johnson (M.D. Fla.)—Counsel in patent infringement case involving soft contact lenses, in which judgment of infringement was secured as to Acuvue Oasys, then the best-selling contact lens in the world.
Lincoln Electronic Co. v. National Standard, LLC (N.D. Ohio)—Counsel for National Standard in patent infringement and unfair competition case between competitors involving weld wire technology.
QNX Software Systems v. Netrino (D. Md.)—Counsel for QNX in trademark infringement and unfair competition case.
AARP v. American Prepaid Legal Corp. (M.D.N.C.)—Counsel for AARP in trademark infringement, unfair competition and civil RICO case.
City of Tempe v. FAA, 239 F. Supp. 2d 55 (D.D.C.)—Defeated motion for preliminary injunction to bar construction of a new runway at Phoenix Sky Harbor International Airport.
Jackson v. Corrections Corp. of America (D.D.C.)—As pro bono counsel, won award of damages for medical negligence in prison’s rights case.
Courts / Agencies
US Court of Appeals for the Federal Circuit
US Court of Appeals for the District of Columbia Circuit
US Court of Appeals for the Second Circuit
US Court of Appeals for the Fourth Circuit
US Court of Appeals for the Sixth Circuit
US Court of Appeals for the Seventh Circuit
US District Court for the District of Columbia
US District Court for the Northern District of Illinois
US District Court for the District of Maryland
US District Court for the Eastern District of Texas
US District Court for the Northern District of Texas
US District Court for the Western District of Texas
US Court of Federal Claims
Court of Appeals of the District of Columbia
Court of Appeals of Maryland
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