Michael S. Nadel is a first-chair trial attorney, litigator, and advisor to businesses and ultra-high-net-worth individuals and families. Michael solves clients’ most difficult and sensitive problems.
Michael has won numerous jury verdicts and bench trials in federal and state courts around the country and prevailed in arbitrations. He has won high-profile cases involving breach of contract, trade secret misappropriation, fraud, breach of fiduciary duty, patent and trademark infringement, unfair competition, defamation, deceptive trade practices, and the False Claims Act. Michael won the first jury verdict obtained by any litigant under the Defend Trade Secrets Act, the federal trade secret statute.
Michael’s clients range from Fortune 100 public corporations to private equity portfolio companies to family offices. Recently, he has achieved notable successes litigating for clients in the fields of technology, health care, data licensing and privacy, and food and beverage. Additionally, Michael has engineered successful outcomes in many intra-family disputes.
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.
Allscripts Healthcare v. Decision Resources Group / Clarivate (D. Mass.)—Lead trial counsel in for plaintiff in contract dispute involving licensing of de-identified electronic health records data and health insurance claims data (Real World Data). Won jury verdict for breach of contract following three-week trial. Defeated all counterclaims. Prevailed in post-trial injunction proceeding. Won award of attorneys’ fees.
Dalmatia Import Group, Inc. v. FoodMatch, Inc. (E.D. Pa.)—Lead trial counsel for plaintiff in a case involving misappropriation of trade secrets and trademark infringement. Won four-week jury trial. After verdict, won trebling of damages and secured permanent injunction.
Seale et al. v. Cathedral View LLC (Va.)—Lead trial counsel defending a family trust and related business entities against claims of fraud and breach of contract. Won full defense jury verdict following two-week jury trial.
Blackboard Inc. v. Desire2Learn Inc. (E.D. Tex.)—Lead counsel for plaintiff in high-profile Edtech intellectual property dispute involving online learning management systems. Won jury verdict on all claims following two-week trial. Secured permanent injunction against leading competitor.
US Conference of Mayors v. Great-West Financial (D.D.C., D.C. Cir.)—Trial counsel for plaintiffs in breach of contract and breach of fiduciary duty action. Won jury verdict on all claims following three-week trial. After trial, won award of attorneys’ fees. Won affirmance on appeal.
Computer Sciences Corporation v. Sears Holdings Corporation (arbitration)—Co-lead counsel for claimant 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 arbitration hearing.
Deane v. Deane (Del., Mass., Paris)—Lead litigator in multi-national intrafamily dispute, including claims for breach of fiduciary duty claims with associated nine-figure damages.
United States ex rel. José Valdez v. Aveta, Inc. (C.D. Cal, D.P.R.)—Trial counsel in False Claims Act case in which a relator represented by Quinn Emanuel sought more than $1 billion from Medicare Advantage organizations. Won sanctions against the relator.
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.
Netlist, Inc. v. Diablo Technologies, Inc. (N.D. Cal., Fed. Cir.)—Counsel for Diablo in trade secret case. Following jury trial victory, judgment for Diablo was affirmed on appeal.
Digital-Vending Services International, LLC v. University of Phoenix et al. (E.D. Va.)—Lead trial counsel for the University of Phoenix and Laureate Education in intellectual property dispute. Won multiple sanctions awards and secured an adverse inference jury instruction as a result of the plaintiff’s spoliation. Then won summary judgment.
F.P. Winner Ltd. v. Dogfish Head Craft Brewery (Md.)—Lead counsel for The Boston Beer Company and Dogfish Head in lawsuit brought by a distributor to obtain an injunction blocking termination of distribution rights. Won complete victory, with distribution rights immediately terminated.
Kirgan v. M&T Bank (E.D. Va., D. Md., 4th Cir.)—Lead trial counsel in dispute among trustees to determine control of a famil trust. Following bench trial, won award of $750,000 in attorneys’ fees for client trustees.
Bruce-Terminix Co. v. Terminix International (M.D.N.C.)—Lead trial counsel for defendant in case involving contract and business tort claims. Defeated motion for preliminary injunction. Two years later, defeated motion for injunction to block $8 billion public company merger.
United States ex rel. Paul Shorrosh v. United Health (S.D. Ala.)—Counsel for UnitedHealth in qui tam action brought under the False Claims Act alleging Medicare fraud. Won complete defense judgment.
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.
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 multimillion dollar judgment against the government and invalidated federal healthcare regulation. In the Federal Circuit, won affirmance.
Asakawa v. Aranda (Va.)—Lead counsel for plaintiff bringing breach of contract and unjust enrichment claims. Secured all requested relief.
Louisville Ladder v. Werner Co. (E.D. Tex, W.D. Ky., PTAB, Fed. Cir.)—Defended #1 ladder manufacturer in the United States against patent infringement claim by #2 manufacturer. Won venue battle. Won stay pending inter partes review. Then won decision invalidating all asserted patent claims. Won affirmance on appeal.
Morales et al v. Intelsat (D.D.C., D.C. Cir.)—Defeated attempt to enjoin changes to employee benefits plan. Won affirmance on appeal.
1723 Wisconsin Avenue LLC v. Marinovic (D.D.C.)—Lead counsel in dispute over control of high-value properties owned by a family trust.
Jackson v. Corrections Corp. of America (D.D.C.)—As court-appointed trial counsel, won award of damages for medical negligence in prisoner’s rights case.
Geisinger Health v. AtlantiCare Health System (M.D. Pa.)—Counsel for plaintiff in contract dispute in claims involving breach of fiduciary duty by a director.
Waterbird Spirits v. Barstool Sports (W.D. Va.)—Lead counsel for plaintiff in suit for breach of Internet advertising agreement.
Waterbird Spirits v. Countermeasures Consulting, Inc. (W.D. Va.). Lead counsel for plaintiff in suit for breach of expansion services agreement. Defeated motion to dismiss for lack of personal jurisdiction.
Allagash Brewing Co. v. Shangy’s, Inc. (E.D. Pa.)—Lead counsel in declaratory judgment action involving beer distribution rights.
Weber v. The Knot Worldwide, Inc. (Ill.)—Lead counsel defending against claim under consumer fraud statute.
Alemayehu v. Abere et al. (D.D.C.)—Lead counsel defending against equitable claims arising from business dispute. Won complete dismissal of all claims, with plaintiff recovering nothing against any defendant.
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.
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.
Spatium Innovations, LLC v. Blackboard Inc. (E.D. Va.)—Lead counsel for defendant 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 defendant in unfair competition case. Won complete defense judgment.
Uniloc v. Blackboard Inc. (E.D. Tex., W.D. Tex., D. Del., Fed. Cir.)—Lead counsel in multiple patent infringement action involving management of applications on a network. Won invalidation of every asserted patent claim.
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 for plaintiff 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.
CoolTVNetwork.com v. Blackboard Inc. (D. Del.)—Lead counsel in case involving multifunctional website technology brought against Facebook, IBM, Microsoft, Snap, Blackboard, and others. Won invalidation of all asserted claims following Markman hearing. Won affirmance on appeal.
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.
Property Disclosure Techs. v. Redfin Corp. (E.D. Tex.)—Lead counsel for Redfin in patent infringement case involving real estate disclosure technology.
Riggs Technologies v. Blackboard Inc. (W.D. Tex.)—Lead counsel for Blackboard in patent infringement case involving the provision of training materials.
Fusion IP v. Blackboard Inc. (E.D. Va.)—Lead counsel for Blackboard. Moved to dismiss for lack of standing and obtain full dismissal with prejudice.
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 (U.S. 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 (E.D. Tex.)—Lead counsel for Promethean 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.
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 (D.D.C.)—Defeated motion for preliminary injunction to bar construction of a new runway at Phoenix Sky Harbor International Airport.
Courts / Agencies
US Court of Appeals for the Federal Circuit
US Court of Appeals for the D.C 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
Do not send any information or documents that you want to have treated as secret or confidential. Providing information to McDermott via email links on this website or other introductory email communications will not create an attorney-client relationship; will not preclude McDermott from representing any other person or firm in any matter; and will not obligate McDermott to keep confidential the information you provide. McDermott cannot enter into an attorney-client relationship with you until McDermott has determined that doing so will not create a conflict of interest and until you and McDermott have entered into a written agreement or engagement letter that sets forth the terms of our relationship.