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| Phone: (212) 808-5082 |
Fax: (212) 808-7897 |
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Michael Lynch is a partner in the firm’s New York office. He focuses his practice on many aspects of international and domestic complex commercial litigation, including securities law, fraud, contract, RICO, antitrust and business competition claims.
Mr. Lynch represents financial services clients facing these and other claims specific to banks, lenders, underwriters and funds. He also represents clients in the consumer products and electronics, technology and telecommunications, and chemical and industrial manufacturing industries.
Mr. Lynch previously served for four years as a prosecutor in the Trial Division of the Manhattan District Attorney’s Office. |
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Representative Experience:
Served on the jury trial team that defended JPMorgan Chase Bank against claims of conflict of interest and breach of contract brought by distressed debt hedge funds in connection with the bank’s role as indenture trustee on certain Global Crossing debt. Case settled favorably on the eve of closing arguments.
Served on the jury trial team for JPMorgan Chase Bank in a $2.1 billion lawsuit against 11 insurance companies that refused to honor surety bonds issued to back-stop certain commodities transactions involving Enron. A favorable settlement for our client was reached during jury deliberations.
Served on the team that successfully moved to dismiss a RICO action brought against Lucent Technologies that sought more than $200 million in damages for allegations that Lucent and other defendants engaged in a pattern of racketeering designed to secure competitive advantages from the Saudi Arabian government in the performance of a $4.3 billion telecommunications project in Saudi Arabia. The court granted the motion to dismiss, with prejudice and without leave to replead, before any discovery.
Served on the jury trial team in complex commercial litigation involving a dispute arising out of the creation of the first pay cable television channel in India. Guided client (foreign nationals) through intricacies and nuances of the U.S. court system and litigation practices. Supervised team of attorneys in all phases of discovery, summary judgment and trial.
Prosecuted claims of breach of a non-compete agreement, breach of fiduciary duty, unfair competition, violations of the Lanham Act and related claims on behalf of Reader’s Digest and a former subsidiary against the individual from whom Reader’s Digest purchased the former subsidiary. Supervised team of attorneys in all phases of discovery, summary judgment and trial preparation. Case settled just prior to trial.
Successfully moved to dismiss a class action antitrust/price-fixing action pending in the Northern District of California against three Japanese chemical and trading companies.
Performed an internal investigation for a New York state not-for-profit agency to respond to state investigation involving misappropriation of taxpayer funds, no-show employees and related allegations. Guided client through the investigation, negotiated survival of the agency with state investigators, and assisted client in implementing new executive leadership and reforming board governance and corporate compliance policies.
Serving on the trial team for JPMorgan Chase Bank in multibillion-dollar multi-district litigation currently pending in federal district court in Ohio. Defending the bank as indenture trustee against claims of breach of duties brought by noteholders of a bankrupt healthcare company.
Performed an internal investigation of the U.S. operations of a large foreign conglomerate that uncovered corporate malfeasance, including misappropriation of corporate funds, breaches of fiduciary duty and falsification of business records. Recovered a large portion of the misappropriated funds.
Defended a major internet service company in a series of claims for unpaid advertising expenses resulting from the bankruptcy of one of its advertising agents. |
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Memberships and Associations:
American Bar Association |
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Professional Activities:
Clever Commuter, Member, Board of Directors |
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Publications:
“The Alien Tort Claims Act,” The Corporate Counselor, April 2009, with Lystra Batchoo.
“The Far-Reaching Implications of Anti-Money Laundering Regulations in the United State,” The Privacy & Data Security Law Journal, January 2009, with Lystra Batchoo.
“E-Discovery Streamlining the Process,” The New York Law Journal, October 2008, with Guy Wiggens and Conor S. Harris. |
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Client Advisories:
"McNulty Memorandum Released by the Department of Justice," December 19, 2006.
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Bar Admission:
New York, 1998
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Courts:
U.S. District Court – Southern and Eastern Districts of New York
U.S. District Court – District of Colorado
U.S. Court of Appeals – First and Second Circuits |
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Education:
Fordham University School of Law, J.D.
University of Richmond, B.A., Political Science
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Office Location:
101 Park Avenue
New York, NY 10178-0002
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