Michael S. O'Reilly

Michael S. O'Reilly
Primary Office
Experience

Litigation

Select representations include:

  • An award-winning technology company at the forefront of ancillary revenue and merchandising in the global travel industry, as litigation counsel leading a team of Firm attorneys, in a case brought to protect the client’s intellectual property and prevent the theft of its trade secrets. Claims were brought under the Lanham Act and other federal statutes to prevent and recover damages for unfair competition.   
  • A technology company at the forefront of the payments industry, as litigation counsel leading a team of Firm attorneys, in an action against a large U.S. bank for breach of a services agreement relating to the bank’s untimely cancellation of the agreement and subsequent breach of contract in the Supreme Court, New York County. 
  • A luxury retailer, as litigation counsel, in a dispute with its landlord over the client’s flagship location on 5th Avenue arising from the COVID-19 pandemic and the subsequent governmental orders requiring the client to shut its doors and close its business for an extended period of time.
  • A publicly traded pharmaceutical company, as litigation counsel, in connection with a dispute with an offshore investment fund regarding continuing and future rights under a Securities Purchase Agreement. The agreement was consummated in a comprehensive settlement involving numerous investor-shareholders that was negotiated both before and after litigation was commenced in Manhattan Supreme Court.
  • The bankruptcy trustee as special litigation counsel in a Chapter 7 adversary proceeding filed in federal court in Dallas, Texas, against an Eastern European bank alleging multiple causes of action surrounding a fraudulent land development project in excess of 400 Million Euros.
  • The former officers and their newly formed insurance company in a successful defense against claims of unfair competition and theft of trade secrets brought by their former employer. The action, based in New York County, sought in excess of $30 million in damages and included counterclaims against the former employer for officer and director indemnification and an appeal in the First Department.
  • The former chief executive officer of a telecommunications equipment and logistics provider in an action in U.S. District Court for the Eastern District of New York against an activist fund and several of its officers who formerly served as directors on the board of the client's former company, which has annual revenue in excess of $2 billion.
  • A wireless telecommunications company in an action in Superior Court in Los Angeles, California, against a trucking company and others involving the theft of a tractor trailer filled with over $8 million in cell phones en route to a national carrier warehouse. The case resulted in a major recovery for the client despite a denial of coverage by the insurance carrier.
  • Numerous clients in the telecommunications and software industries in defense of patent infringement claims in jurisdictions including New York, Washington DC, Virginia and Texas.
  • Numerous trademark owners in policing their intellectual property rights against both infringers and sellers of grey market goods in jurisdictions including New York, Arizona and California.
  • One of the largest telecommunications providers in the country in numerous litigations and trials in New York involving property damage and rights.