Overview
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 related to contractual disputes, intellectual property disputes, and disputes under the New Jersey Franchise Practices Act. Michael is also a member of the firm’s Automotive Dealership Practice group and represents dealerships in high-stakes, class action litigation involving New Jersey’s Consumer Fraud Act, Truth in Consumer Contract Warranty and Notice Act, and New Jersey’s Automotive Sales Practices Regulations.
In addition to his commercial litigation work, Michael has an active fiduciary and probate litigation practice, and represents both fiduciaries and beneficiaries in complex estate matters.
Michael 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
- Summary judgment on behalf of a trust beneficiary against a trustee who converted trust assets for his own personal use
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 Jewish Bar Association of New Jersey and serves as the Chair of its Student Outreach Committee. Michael is also a member of the Executive Committee for the Crohn’s & Colitis Foundation – New Jersey Chapter’s annual Take Steps charity walk.
Education and Credentials
Education
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University of Michigan Law School, J.D., cum laude, 2015, Michigan Telecommunications and Technology Law Review, Articles Editor
- University of Michigan, B.A., with Honors and Highest Distinction, 2011
Admissions
- State of New Jersey
- State of New York
- U.S. District Court, District of New Jersey
Recognition and Community
No aspect of this advertisement has been approved by the highest court of any state. Prior results do not guarantee a similar outcome. See Awards Methodology.
Recognitions
Selected to the list of New Jersey Super Lawyers Rising Stars (Thomson Reuters), Business Litigation, 2023-2024
News & Insights
Thought Leadership
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NJ Appellate Division Holds 'Clickwrap' Arbitration Provision Enforceable , November 7, 2024 -
Mootness Fees Are Losing Traction in Del. And Federal Courts , August 2, 2023 -
New Jersey Federal Civil Procedure , December 22, 2022 -
College 'Super Conferences' May Wind Up on Defense with Antitrust Law , September 7, 2022 -
New York Court of Appeals Adopts Commonsense Approach to Authenticating Screenshots of Text Messages , August 9, 2022
Events
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July Chai, Jewish Bar Association of New Jersey , July 18, 2024
News
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Michael L. Fialkoff to Chair Jewish Bar Association of New Jersey's Student Outreach Committee , January 27, 2025 -
Liberty State Park Take Steps Walk for Crohn's and Colitis Foundation , June 12, 2022 -
Lakeland Completes Merger With 1st Constitution , January 11, 2022 -
Fox News Must Face Ex-Ad Client's Accounting Scheme Suit , April 8, 2021 -
Day Pitney Honors Three Attorneys for Pro Bono Service , March 3, 2020
In The Media
Media Mentions
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Day Pitney Sponsors Crohn's & Colitis Foundation's Take Steps Charity Walk in New Jersey, Crohn's & Colitis Foundation, June 13, 2021 -
Day Pitney's Pro Bono Tax Team Wins NJ Supreme Court Appeal Involving Religious Use, The Record, Law 360, July 16, 2020