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Michael S. Sommer is a partner in the law firm of McDermott Will & Emery LLP based in the Firm's New York office. He is a member of the Firm's Trial Department, where he concentrates his practice in the areas of white-collar criminal defense (including investigative and grand jury matters), securities law, internal investigations and complex civil litigation.
Criminal/Enforcement Matters
In July 1997, Michael was engaged in a four-month jury trial in federal court in the Northern District of Ohio, representing the lead defendant, the former president and CEO of a major manufacturing company, in an eight-defendant white-collar criminal trial in which his client was charged with mail and wire fraud, conspiracy and money laundering. Michael's client was acquitted on all 300 counts in which he was charged.
Michael returned to federal criminal court in April 1999, for a six-week criminal jury trial, representing the lead defendant in a three-defendant case in which his client was charged with criminal tax fraud and conspiracy. Michael's client was acquitted on all counts.
In 2001, Michael represented a medical professional who was indicted for Medicaid fraud by the New York State Attorney General's office. Michael succeeded in persuading that office to dismiss the indictment after arguing that the prosecution theory was constitutionally invalid.
From 2002 through 2005, Michael represented the lead defendant in an insider-trading case in the Eastern District of New York. After protracted pre-trial litigation in both the district court and Court of Appeals, in which Michael argued that the government's theory was invalid as a matter of law, the government dismissed the indictment with prejudice.
In 2006, Michael successfully defended the former Senior Vice President of Finance of Symbol Technologies, in a case involving charges of securities fraud and conspiracy. After a six-week trial in the Eastern District of New York, the jury concluded that Michael's client was not guilty on all counts.
In addition to his trial work in criminal matters, Michael has successfully represented numerous entities and individuals who are the subject of criminal investigation, often resolving matters with no charges being filed.
Michael focuses much of his defense work in the area of securities. He has represented both businesses and individuals being investigated by the Enforcement Division of the Securities and Exchange Commission, representing these entities before the staff of the SEC and conducting internal investigations to respond to pending or potential inquiries from the SEC.
Civil Matters
In late 1999, Michael represented the plaintiffs in a four-defendant civil jury trial in the Southern District of New York involving claims of tortious interference with a contract in the international shipping industry. The jury returned a verdict in favor of Michael's clients and against all defendants, and awarded plaintiffs more than $57 million in compensatory and punitive damages.
In 2000, Michael represented a major medical device manufacturer at trial in federal district court in New Jersey on claims of breach of contract asserted by another such manufacturer. The case was tried to a jury, but before resolution, was settled on terms highly favorable to Michael's client after various of plaintiff's claims were dismissed by the Court.
In 2004, Michael represented a major apparel company at trial in the Southern District of New York in an action brought by a model to recover damages for the alleged unauthorized use of her likeness in a television commercial. The jury returned a verdict in favor of Michael's client with respect to all claims.
In 2005, Michael represented a trademark licensor in connection with an arbitration commenced by the claimant-licensee seeking $12 million for breach of contract and fraudulent inducement. After the testimony was concluded, the case was resolved with the claimant dismissing all of its claims and paying McDermott's legal fees.
In 2005, Michael represented Jordache Ltd. in connection with a Federal trademark infringement and dilution action brought by Polo Ralph Lauren ("PRL") against Jordache and the U.S. Polo Association over four versions of a mounted polo player mark that Jordache and the Polo Association sought to use on clothing, jewelry and leather goods. After a three-week trial, the jury found in favor of Michael's client on three of the four versions of the disputed polo player trademark, concluding that these marks did not infringe PRL's trademark rights.
Pro Bono
From 1998 to 2001, Michael represented Sami Leka in a federal habeas corpus petition following Mr. Leka's 1990 conviction in Brooklyn for murder. Michael accepted this pro bono engagement after concluding that Mr. Leka was wrongly convicted as a result of the prosecution concealing significant evidence of Mr. Leka's innocence. After extended litigation in the district court and the court of appeals, the Second Circuit found that the Brooklyn District Attorney's Office had actively concealed material evidence from the defense. The Court granted the habeas corpus petition, vacated Mr. Leka's conviction, and ordered his release after eleven and a half years of imprisonment.
Prior to joining McDermott, Michael served for seven years as an Assistant United States Attorney in the United States Attorney's Office for the Southern District of New York. He investigated and prosecuted a variety of securities fraud cases, including cases involving insider trading, fraudulent financial reporting, embezzlement and assorted "Ponzi" schemes. In his capacity as a white-collar prosecutor, Michael worked closely with the SEC, the Federal Reserve Bank of New York, and various investigative groups within the Federal Bureau of Investigation. During his tenure at the United States Attorney's Office, Michael was appointed acting chief of that office's Securities and Commodities Frauds Task Force. He also argued numerous appeals on behalf of the government in the United States Court of Appeals for the Second Circuit. In all, Michael represented the United States in over 20 criminal jury trials.
While in law school, Michael was an editor of the New York University Law Review, a two-time recipient of the John Norton Pomeroy academic award, and a member of the Order of the Coif. Following law school, he was a law clerk to the Honorable Miriam Goldman Cedarbaum, United States District Judge for the Southern District of New York. He is admitted to practice in the State of New York, the Southern and Eastern Districts of New York, the Second, Third and Sixth Circuit Courts of Appeals, and the United States Supreme Court.
Education
New York University School of Law, J.D. (cum laude), 1987
Wesleyan University, B.A., 1983 |
