Michael Lynch is a litigation partner in the firm's New York office. Mr. Lynch has extensive experience in trial, arbitration and mediation of complex, high-stakes litigation including cases involving securities law, false advertising, antitrust claims, fraud, white collar criminal defense, internal investigations and other business and commercial related claims.
Mr. Lynch has represented companies in a wide variety of industries including, banks, private equity and other funds, broker dealers, real estate investors and companies involved in consumer products, technology, marketing and advertising.
Prior to joining Kelley Drye, Mr. Lynch served for four years as a prosecutor in the Trial Division of the Manhattan District Attorney's Office.
Representative Experience
Antitrust/Competition/False Advertising
Trial counsel for an in-store marketing company in District Court in Minnesota prosecuting Sherman Act and Lanham Act claims. Secured a favorable settlement during trial.
Trial counsel defending a major nutritional supplement manufacturer in a Lanham Act jury trial involving comparative advertising claims in the Eastern District of New York. The jury unanimously found that our client's statement, used on wholesalers' and retailers' store brand packaging for joint care products, inviting consumers to compare the products to a competitor's products, is not false and misleading and does not violate Section 43 of the Lanham Act.
Prosecuted claims of breach of a non-compete agreement, breach of fiduciary duty, unfair competition, violations of the Lanham Act and related claims in District Court in Iowa on behalf of Reader's Digest and a subsidiary, Books Are Fun, against the individual from whom Reader's Digest purchased Books Are Fun. Supervised team of attorneys in all phases of discovery, summary judgment and trial preparation. Reached successful settlement 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.
Lead counsel defending internet marketing company in Colorado state court against claims of theft of trade secrets, unfair competition and other claims relating to search engine optimization techniques alleged by plaintiff to have been proprietary. Secured a favorable settlement during mediation only two weeks prior to trial.
Lead counsel defending a manufacturer of precision hospital equipment against claims of trademark and intellectual property infringement. Mr. Lynch's aggressive discovery approach and creative thinking drove ultimate business solution to the litigation.
Lead counsel for internet marketing company in successfully opposing emergency motion for injunctive relief relating to claims of trademark infringement.
Represented on-line marketing and consumer good company against false advertising claims brought by FTC. Negotiated favorable settlement following discovery.
Financial Services/Investments
Served on the jury trial team that defended JPMorgan Chase Bank in state court in Houston, Texas 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 jury trial team in Southern District of New York 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.
Defended JPMorgan Chase Bank as indenture trustee, in multibillion-dollar multidistrict litigation against claims of breach of duties brought by noteholders of a bankrupt healthcare company.
Advised major financial institution in connection with certain Collateralized Debt Obligation (CDO) transactions, including a CDO squared and other asset backed financial instruments.
Representing on-line broker-dealer against claims of aiding and abetting, control person liability, negligence, unjust enrichment and fraudulent transfer, asserted ostensibly on behalf of the bankrupt estate of a customer who pleaded guilty to conducting a ponzi scheme.
Lead counsel representing one of the world's largest integrated oil/energy/chemical companies in an arbitration involving a crude oil transaction.
Internal Investigations/White Collar Crime
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.
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.
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.
Represented broker-dealer in insider trading investigation.
Represented international real estate brokerage whose employees were witnesses in a real estate/mortgage fraud investigation.
Commercial Disputes
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 in the New York State Commercial Division Court. 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.
Lead counsel representing seller of midtown Manhattan office building prosecuting claims for breach of Purchase and Sale Agreement by ostensible purchaser.
Represented technology company in commercial dispute relating recall effort in European Union.
Advising hedge fund in connection with investment in Bernard L. Madoff Investments Securities LLC.
Represented large multi-national shipping company in the Southern District of New York against admiralty attachment claims in connection with a Contract of Affreightment agreement.
Defended Yahoo! Inc. in a series of claims for unpaid advertising expenses resulting from the bankruptcy of one of Yahoo's advertising agents.
Memberships & Associations
Morgenthau Alumni Group
American Bar Association
Irish-American Bar Association
Professional Activities
Clever Commuter, Board of DirectorsHonors & Awards
Listed in New York "Super Lawyers," 2011.
Named one of Law 360’s “Securities Lawyers Under 40 to Watch”.
Selected as one of the Irish Legal 100 by Irish America Magazine, 2009.
