Michael Fialkoff, a commercial litigator, is committed to resolving his clients' complex business and contractual disputes in a timely and cost-effective manner. He works closely with clients to ensure that the litigation strategy for a case fits with business goals and realities. Michael assists clients with litigation matters related to contractual issues, patent and trademark disputes, disputes under the New Jersey Franchise Practices Act, shareholder disputes, and commercial and consumer lending issues. He has obtained numerous favorable rulings for clients, including:
- Summary judgment dismissing all claims in an expansive trademark litigation in which the plaintiff asserted infringement of more than a dozen trademarks, which was affirmed by the Third Circuit Court of Appeals
- Summary judgment dismissing breach of contract and other claims asserted by a franchisee against a national hotel chain
- Dismissal of a putative class action challenging an alleged kickback scheme between a mortgage loan servicer and property insurance companies related to lender-placed insurance
- Dismissal of a patent infringement lawsuit alleging infringement of three software patents, on the grounds that the asserted patents were invalid.
In addition to his litigation experience, Michael also counsels clients in minimizing their antitrust risk in connection with joint ventures and product offerings.
Michael is also actively involved in pro bono work, including prisoners' rights cases and guardianship proceedings. As part of his pro bono work, he obtained a first-of-its-kind ruling from the New Jersey Appellate Division that indigent parents are entitled to appointed counsel in child abuse cases before the Office of Administrative Law.
Michael was a summer associate with Day Pitney in 2014. Prior to joining the firm, he served as a judicial intern to the Honorable Alison J. Nathan of the Southern District of New York and to the Honorable Paul W. Armstrong of the Superior Court of New Jersey.
Outside of the firm, Michael is actively involved with the Crohn's & Colitis Foundation's New Jersey Chapter, serving on the Executive Committee for its annual Take Steps event.