Bio

Michael is a former Assistant United States Attorney for the Southern District of New York, and he has experience litigating and trying cases in a wide variety of areas, with a special emphasis on the defense of federal criminal and regulatory cases, as well as federal civil litigation. Michael has tried more than 50 cases, and he has represented numerous companies and individuals in matters involving the financial services, retail, health care and general corporate industries.

Since founding the U.S. litigation practice at Allen & Overy in 2003, Michael has litigated and tried cases for banks, foreign and domestic corporations and individuals in U.S. regulatory and criminal investigations, as well as civil litigation.

Michael is distinguished as a top lawyer in litigation by Chambers USA: America's Leading Lawyers for Business: "Michael Feldberg's expertise covers both criminal investigation matters and complex commercial disputes. He is commended for his 'extraordinary judgment and excellent manner with people." (Chambers USA, New York: Litigation)

Additionally, "Michael Feldberg leads 'a seamless litigation group with great experience and can easily co-ordinate a global team.'" (Legal 500 USA 2015: Commercial Litigation)

Michael is a Fellow of the American College of Trial Lawyers.
Highlights of Michael's recent work include representing:

A global financial services firm in regulatory matters and civil litigation relating to alleged manipulation and collusion in the London gold fix and derivative gold trading markets as well as the multidistrict class action proceedings In re Commodity Exchange Gold Futures and Options Trading Litigation.
A global financial institution in a DOJ Antitrust Division investigation of the CDS market.
An internal investigation of accounting irregularities for the Audit Committee of a global consumer products company.
A UK-based industrialist and his companies – in the defense of corruption charges brought by the UK SFO and defense of a parallel investigation by the U.S. DOJ and civil litigation in the U.S.
Representation of the world's largest auto supply company in the defense of litigation arising out of the DOJ and EU investigations and alleged cartel conduct in the auto parts industries.
The successful defense at trial of a large New York City-based law firm, against malpractice changes.
A former Managing Director of Galleon Group, in connection with investigations by the United States Attorney's Office for the Southern District of New York and the SEC.
Jeffrey W. Greenberg, the former Chairman and CEO of Marsh & McLennan Companies Inc. (MMC) in the defense of complex class actions alleging securities fraud, ERISA and derivative claims. These cases were filed following a high profile investigation by the New York Attorney General into alleged kickbacks and bid-rigging within the insurance industry. The litigation challenged longstanding practices involving hundreds of millions of dollars, and engaged Allen & Overy’s securities, corporate and antitrust litigation expertise. All litigation against Mr. Greenberg has now been resolved, with no admission or findings of any wrongdoing by Mr. Greenberg, and no contribution of any kind by Mr. Greenberg toward settlement. No governmental or regulatory charges of any kind have ever been brought against Mr. Greenberg.
Royal Bank of Scotland in its exposures to the Bernard L Madoff (founder of Bernard L. Madoff Investment Securities) USD50bn Ponzi scheme.
Highlights of Michael's work prior to joining Allen & Overy include:

Representation of seven families victimized by the handgun violence in landmark lawsuit against the handgun manufacturing industry. Trial resulted in the first plaintiff's victory in a case of this kind (Hamilton v. Accu-tek, et al.).
Successful defense of Chief Executive Officer/Chairman of the Board of Fortune 500 medical device manufacturer who was charged with conspiracy to defraud the Food and Drug Administration. Acquitted after eight-week trial (United States v. George T. Maloney, et al.).
Successful representation of owner of 341-acre bayfront property in East Hampton, New York in eminent domain proceeding (Heller v. State of New York).
Successful defense of New York State Supreme Court Justice Hortense Gabel, who was acquitted after 14-week trial (United States v. Bess Myerson, Andrew Capasso and Hortense Gabel).
Career history
Partner, Allen & Overy LLP, New York, 2003 - present
Partner, Schulte Roth & Zabel LLP, 1991 - 2003, Chair, Litigation Department, 1999-2003
Partner, Shea & Gould, 1985 - 1991
Assistant, United States Attorney, Southern District of New York, 1981 - 1984
Associate, Orans, Elsen, Polstein & Naftalis, 1977 - 1980
Legal qualifications
Admitted: Bar of the State of New York 1978
Admitted: United States District Courts,
Southern District of New York 1978
Eastern District of New York 1978
Admitted: United States Court of Appeals
Second Circuit 1983
Admitted: United States Supreme Court 1994
Academic qualifications
J.D., cum laude, Harvard Law School, 1977
A.B., magna cum laude, Harvard College, 1973
Publications
Michael's publications include:

'Governmental Entity Litigation,' Chapter in Commercial Litigation in New York State Court Second and Third Editions
'The Right to Cross-Examine Government Witnesses: Crawford and Beyond,' chapter in Defending Federal Criminal Cases: Attacking The Government's Proof
'Global Class Actions,' PricewaterhouseCooper’s 2007 Securities Litigation Study, April 8, 2008, with co-author Lanier Saperstein
'Class Certification: Bigger Is Not Necessarily Better,' New York Law Journal, March 8, 2007, with co-author Lanier Saperstein
''Rybicki' Revives Old Questions About Honest Services Fraud,'' New York Law Journal, July 19, 2004, with co-author Andrew B. Matheson
'Coping with the Limits of Joint Defense Agreements,' New York Law Journal, November 13, 2003, with co-author Todd S. Fishman
'The Importance of Credibility and Persuasiveness,' Inside the Minds: Leading Litigators - Litigation Experts Share Their Knowledge on the Art & Science of Litigation, July 2002
'Dilemma of Evidence Defendants Cannot Confront,' New York Law Journal, March 9, 2000, with co-author Nikhil Singhvi
Professional memberships
Member, Association of the Bar of the City of New York:
Committee on Professional Responsibility, 1996
Committee on the Judiciary, 1989 - 1992
Committee on Criminal Law, 1986 - 1989
Federal Bar Council
Philanthropic:
Director, 92nd Street Y
Director, Facing History and Ourselves
Director, Appalachian Mountain Club
Lawyers Committee, The Innocence Project

Michael S. Feldberg

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