Michael T. Mervis

Partner at Proskauer Rose LLP

Michael T. Mervis

Michael T. Mervis

Partner at Proskauer Rose LLP

Biography

Michael Mervis is an experienced litigator and trial lawyer who has tried numerous cases in federal and state courts and before arbitral tribunals across the country. Michael represents clients in complex commercial matters, disputes over distressed loans and investments (particularly in large chapter 11 bankruptcy cases), and intellectual property cases.

Michael has trial experience in copyright, false advertising, trade secret, contract, business tort and RICO claims, as well as a variety of contested matters in bankruptcy cases, And he has tried cases on behalf of clients in the consumer products, motion picture, recording, venture capital, private investment, telecommunications, cable television, health care, real estate, energy, automotive and banking industries.

Leading legal directory Benchmark Litigation named Michael a “Future Star” and he is repeatedly recognized by The Legal 500 for his expertise in advertising litigation.

Michael is the past vice-chair of the Commercial Litigation Practice Group and is the head of the Bankruptcy Litigation Practice Group. In addition, Michael is also the chair of the Firm’s Hiring Committee and has long served as co-chair of the Firm’s Summer Associate Program.

Representative Matters

Commercial Litigation

*Served as lead trial counsel for several ERISA funds in commercial lease dispute, obtaining complete trial victory on funds’ claims against landlord and dismissal of landlord’s counterclaim.

*Served as lead trial counsel for debtor in successful application to modify retiree benefits over objection of major labor union.

*Served as lead trial counsel for a Lanham Act plaintiff in a case in which the court found for his client and held that the defendant, his client’s main competitor, engaged in “intentional deception of an egregious nature.”

*Obtained summary judgment on behalf of a lender dismissing lender liability claims asserted by the borrower, a multi-billion dollar REIT, in connection with a high-profile condominium conversation project in lower Manhattan. The grant of summary judgment was affirmed on appeal.

*Obtained summary judgment on behalf of a lender against a defaulting borrower who claimed that capital contributions made to the SPE, which secured the loan, were really loans to the SPE.

Entertainment and TMT Litigation

*Helped a major motion picture studio obtain a permanent injunction that prevented an online “hacker” magazine from distributing decryption software that allows the unlawful copying of DVDs.

*Represented a leading international database provider in preventing a start-up Internet company from making unauthorized competitive use of data and obtained a favorable decision involving a key copyright preemption issue.

*On behalf of Britney Spears, her record label and associated music publisher, obtained summary judgment dismissing a copyright infringement claim concerning a best-selling album.

*Obtained a directed verdict for a record company in a jury trial involving alleged tortious interference with the plaintiff’s contract with a successful recording artist.

*Obtained summary judgment on behalf of a record label in a defamation action based on song lyrics by a well-known hip hop artist.

Overview
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Senior Partner at Proskauer Rose LLP

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Senior Partner at Proskauer Rose LLP

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Co-Chair, ERISA Litigation Practice Group at Proskauer Rose LLP

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Partner at Proskauer Rose LLP

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Partner at Proskauer Rose LLP

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Partner at Proskauer Rose LLP

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Partner at Proskauer Rose LLP

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Partner at Proskauer Rose LLP

Relationship likelihood: Strong

Partner at Proskauer Rose LLP

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Partner at Proskauer Rose LLP

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Michael T. Mervis
Partner at Proskauer Rose LLP
Education
J.D.
Class of 1990

Founded in 1835, New York University School of Law has a record of academic excellence and national scholarly influence. One of the first law schools to admit women, it has been long committed to welcoming students of diverse backgrounds, people who had been discriminated against by many other institutions. Located on the University's campus in Greenwich Village, NYU Law has been a leader, and continues to be, in areas such as law and business, clinical education, public service, interdisciplinary colloquia and global studies.

A.B., summa cum laude
Class of 1986

Bowdoin College is an independent, nonsectarian, coeducational residential, undergraduate liberal arts institution founded in 1794. It is located in Brunswick, ME.

Career History
Partner
Current

Proskauer Rose LLP is a law firm in New York, NY. It offers corporate finance, mergers and acquisitions, private equity, real estate transactions, bankruptcy and reorganizations, taxation, litigation, trusts and estates, intellectual property, and labor and employment law services. It serves the chemicals, entertainment, financial services, health care, hospitality, information technology, insurance, internet, manufacturing, media and communications, pharmaceuticals, real estate investment, sports, and transportation industries. The company was founded in 1875.

Non-Profit Donations & Grants

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$2,500 - $4,999
2016

PENCIL, Inc. is an American private company located in New York, NY. The firm provides volunteer opportunities for individuals within the business community.

Other Affiliations

Michael T. Mervis is affiliated with Proskauer Rose LLP

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