Michael D. Margulies

Experience

• Obtained dismissal on summary judgment in confidential arbitration of claims for alleged violation of covenant not to compete in LLC operating agreement.
• Negotiated favorable resolution for developer-defendant against class action claims for violation of New Jersey Consumer Fraud Act upon obtaining leave to file interlocutory appeal and arguing issues before New Jersey Appellate Division.
• Obtained dismissal of negligence claim alleged by insured against insurer’s agent for alleged improper handling of claims under management liability policy. MicroBilt Corp. v. Certain Underwriters at Lloyd’s, London, Subscribing to Policy No. DOGO2408208 and CFC Underwriting Limited, No. MER-L-000079022 (N.J. Super. Ct. Apr. 11, 2022).
• Secured the dismissal of $13 million in claims, including breach of contract, filed by an investor in a biotech company. The U.S. Court of Appeals for the Second Circuit affirmed the district court’s summary judgment decision that no oral agreement was ever reached. Schoninger v. Green, No. 18-382 (2d Cir. 2019). 
• Obtained dismissal of claims for insurance coverage under a professional services liability policy on cross-motions for summary judgment, as the claims predated the inception of the policy. Colony Ins. Co. v. AIG Specialty Ins. Co., No. 1:15-cv-03896, 2018 WL 1478045 (S.D.N.Y. Mar. 26, 2018).
• Obtained dismissal on summary judgment of breach of oral contract claim by an investor arising out of the failed merger of pharmaceutical star-ups and the development of a pharmaceutical drug. Schoninger v. Green, No. 1:15-cv-02233, 2018 WL 722838 (S.D.N.Y. Feb. 5, 2018).
• Obtained a multimillion-dollar award and attorneys' fees on summary judgment on behalf of regional bank for borrower-commercial developer’s breach of promissory notes (Boiling Springs Savings Bank v. Shotland Bauer, LLC, No. L-10426-15 (N.J. Super. Ct. Mar. 2017)), and secured foreclosure upon associated commercial development (Boiling Springs Savings Bank v. Shotland Bauer, LLC, No. SSX-F-003246-16 (N.J. Super. Ct. Mar. 2017)).
• Obtained dismissal of consumer fraud claims on motion to dismiss on basis of web-based terms and conditions that precluded consumer plaintiff from bringing claims in violation of forum selection clause limiting jurisdiction and venue. Cetel v. Kevlar Builders & Developers, LLC, No. L-000731-16 (N.J. Super. Ct. Jan. 17, 2017).
• Defended an international energy company against claims for injunctive relief arising out of allegations of breach of a non-circumvent provision in the context of a large-scale energy transaction. LAIG v. Medanito, S.A., No. 160103/14 (N.Y. Sup. Ct. 2014).
• Prosecuted fraud and breach of contract claims for misappropriated funds on behalf of an investment fund against one of its contractors.
• Defended a large fitness corporation against a class action that alleged wage and hour claims.
• Defended a private equity investment firm against motions to dismiss its bankruptcy case.
• Defended a monoline insurer against fraudulent conveyance claims in the context of a corporate restructuring.
• Defended a semiconductor company in its attempt to issue debt pursuant to a contractual arrangement in the face of an alleged material adverse effect

Recognition

• "Stand-Out Lawyers," Thomson Reuters (2023-2024)

Speaking Engagements

• "Recent Cases and Developments in Bad Faith Law From Across the Country," Carlton Fields (May 28, 2020)

Credentials

Background

• Counsel, Bressler, Amery & Ross, P.C., Florham Park, NJ (2015–2018)
• Associate, Becker, Glynn, Muffly, Chassin & Hosinski LLP, New York, NY (2010–2015)
• Associate, Kasowitz, Benson, Torres & Friedman LLP, New York, NY (2008–2010)

Areas of Focus