Michael S. Nadel

Overview

Michael S. Nadel is a first-chair trial lawyer, litigator, and advisor to businesses and ultra-high-net-worth families. He solves clients’ most difficult and sensitive problems.

Michael has won jury trials and arbitrations involving breach of contract, trade secret misappropriation, fraud, breach of fiduciary duty, patent and trademark infringement, the False Claims Act, unfair competition, defamation and deceptive trade practices. He won the first jury verdict obtained by any litigant under the Defend Trade Secrets Act, the federal trade secret statute. Recently, Michael won mission-critical victories for clients in the fields of technology, healthcare and heath data licensing. He also engineers successful outcomes in contentious intrafamily and intrabusiness disputes and has won guardianship, conservatorship and trust battles.

Beyond the courtroom, Michael leverages his quarter century at McDermott to marshall the Firm’s global resources for transactions, investigations and crisis management efforts.

Results

Allscripts Healthcare / Veradigm v. Decision Resources Group / Clarivate (D. Mass.)—Lead trial counsel for plaintiff in contract dispute involving licensing of de-identified electronic health records data and health 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 v. FoodMatch (E.D. Pa.)—Lead trial counsel for plaintiff in four-week jury trial on trade secrets, trademark infringement, and defamation claims. After winning verdict, won trebling of damages and secured permanent injunction.

Komodo Health Real World Data Litigation (arbitration)—Lead counsel for licensor in health claims data licensing dispute with Komodo Health. Following two-week evidentiary hearing and the cross-examination of Komodo’s CEO, won dismissal of all of Komodo’s claims, including its claims for a declaratory judgment that Komodo had not breached the subject license agreement, breach of contract, breach of warranty, defamation, unfair competition, and violations of state unfair business practice statutes.
Seale et al. v. Cathedral View (Va.)—Lead trial counsel defending a family trust and related business entities against claims of breach of contract, fraud, fraudulent conveyance, and veil-piercing. Won full defense jury verdict following two-week trial.
Blackboard v. Desire2Learn (E.D. Tex., Fed. Cir.)—Lead counsel for plaintiff in intellectual property dispute involving online learning management systems and software. Won jury verdict on all claims following two-week trial. Secured permanent injunction against leading competitor.
U.S. 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.
United States ex rel. José Valdez v. Aveta, Inc. (C.D. Cal, D.P.R.)—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.
United States ex rel. Paul Shorrosh v. UnitedHealth (S.D. Ala.)—Lead counsel for UnitedHealth in qui tam action brought under the False Claims Act alleging Medicare fraud. Won complete defense judgment.
Netlist v. Diablo Technologies (N.D. Cal., Fed. Cir.)—Counsel for defendant in trade secret case. Following jury trial victory, judgment was affirmed on appeal.
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.
Deane v. Deane (Del., Mass., Paris)—Lead counsel in multi-national intrafamily dispute, including claims for breach of fiduciary duty claims with associated nine-figure damages.
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.
In re Guardianship and Conservatorship (S.C.)—Lead counsel defending a father and mother against estranged son’s attempt to capture their fortune. Achieved complete capitulation on the eve of trial, with the court dismissing the actions with prejudice.
Northwestern Mutual Life Insurance Company v. J.R.H. (D.D.C.)—Lead counsel for heir to the late Biz Markee in dispute over disposition of life insurance proceeds.
Digital-Vending Services International v. University of Phoenix (E.D. Va.)—Lead 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.
Bruce-Terminix Co. v. Terminix International (M.D.N.C., 4th Cir.)—Lead counsel for defendant in dispute with franchisee involving breach of contract, unfair trade practices, and business torts. Defeated motion for preliminary injunction to block $8 billion public company merger. 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 family trust. Following bench trial, won award of $750,000 in attorneys’ fees for client trustees.
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.
Safe IP v. Anthology (S.D. Tex.)—Lead counsel for Anthology in patent infringement case brought by non-practicing entity represented by William Ramey. After moving to dismiss for improper venue, procured voluntarily dismissal with no payment or concession.
True Health Diagnostics v. Azar (E.D. Tex.)—Lead counsel for provider of diagnostic services challenging suspension of Medicare reimbursement payments. Won TRO against the government.
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.
Asakawa v. Aranda (Va.)—Lead counsel for plaintiff bringing breach of contract and unjust enrichment claims. Secured full requested relief.
Louisville Ladder v. Werner Co. (E.D. Tex, W.D. Ky., PTAB, Fed. Cir.)—Co-lead counsel defending No. 1 ladder manufacturer in the United States against patent infringement claim by No. 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.
Uniloc v. Blackboard (W.D. Tex, D. Del., Fed. Cir.)—Lead counsel in patent infringement action against multiple defendents. Invalidated several patent claims after claim construction. After partial affirmance, won dismissal of remaining patent claims on standing grounds. Won affirmance on appeal.
Gerald v. Amsterdam Café & Lounge (D.C.)—Lead counsel defending against claims for violation of consumer protection statutes. Won dismissal and Rule 11 sanctions.
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.
A10 Associates v. McNamara (E.D. Va.)—Lead counsel for plaintiff in employment dispute.
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.
Allagash Brewing Co. v. Shangy’s (E.D. Pa.)—Lead counsel in declaratory judgment action involving beer distribution rights.
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.
Bioganic Safety Brands v. Ament (D. Colo.)—Won permanent injunction enjoining Colorado from enforcing a labeling regulation that violated the dormant Commerce Clause of the US 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 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.
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.
Braude & Margulies, P.C. v. Fireman’s Fund Ins. Co.(D.D.C.)—Won dismissal of breach of contract claims.
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.
North Texas Patent Group v. Blackboard (N.D. Ill.)—Lead counsel for defendant in unfair competition case. Won complete defense judgment.
Sampo IP v. Twitter (D. Del.)—Lead counsel for Twitter in patent case involving distributed communication methods. Won motion to transfer case to Northern District of California.
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 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. Invalidated all asserted patent claims after two trips to the Federal Circuit.
CoolTVNetwork.com v. Blackboard (D. Del., Fed. Cir.)—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 (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 (S.D. Tex.)—Lead counsel for Twitter in its first patent suit. Obtained stay pending inter partes reexamination, and then invalidated patents.
Ridgeview IP v. Anthology (E.D. Tex., N.D. Tex., E.D. Va.)—Lead counsel for Anthology in multi-jurisdictional intellectual property battle involving software technology, ending in dismissal of plaintiff’s claims with prejudice.
AK Meeting IP v. Anthology (S.D. Fla.)—Lead counsel for Anthology in patent infringement case brought by non-practicing entity.
Class Technologies v. AK Meeting IP (S.D. Fla.)—Lead counsel for Class in declaratory judgment action involving educational collaboration software accused of patent infringement by a non-practicing entity.
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.
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.
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 (W.D. Tex.)—Lead counsel for Blackboard in patent infringement case involving the provision of training materials.
Fusion IP v. Blackboard (E.D. Va.)—Lead counsel for Blackboard. Moved to dismiss for lack of standing and obtain full dismissal with prejudice.
Location Services v. JP Morgan 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.
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 (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 (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 v. Blackboard (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. ZTE Corp. (E.D. Tex)—Trial counsel in patent infringement case involving mobile phone technology.
ComCam International v. Brivo Systems (E.D. Tex.)—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 (N.D. Ohio)—Counsel for National Standard in patent infringement and unfair competition case between competitors involving weld wire technology.