Michael B. Carlinsky
New York Office
Banking and Financial Institution Litigation
Class Action Litigation
Employment Litigation and Counseling
Energy Sector Litigation and Arbitration
Entertainment and Media Litigation
Insurance and Reinsurance Litigation
Intellectual Property Litigation
Product Liability and Mass Torts Litigation
"Not Just for Feudal Lords -- A Law Proscribing Champerty,"
"Are Anti Circumvention Laws Constitutional,"
"Posting 'No Trespassing' Signs on the Internet,"
"Does The CDA Help Clean Up the Internet?"
"Stop the Music: Napster Is Not Covered By DMCA?"
"Inevitable Disclosure and the Internet: The 'EarthWeb' Decision,"
"Customer Lists As Trade Secrets,"
"Courts Define Client Relationships As a Legitimate Business Interest,"
"Second Circuit Fashions New Test to Endorse Non Compete Provisions,"
"Protecting Trade Secrets: Using 'Inevitable Misappropriation' And the Exit Interview,"
"Trade Secrets: DoubleClick v. Henderson: Can an Employer Prevent a Former Employee From Competing Even in the Absence of a Non Compete Agreement?"
"Litigation: Measures to Protect Trade Secret Theft,"
Orrick, Herrington & Sutcliffe, LLP, Litigation Department:
Member, New York State Bar Association:
Member, New York State Bar:
Member, The State Bar of New York
Michael B. Carlinsky, the Head of Complex Litigation at Quinn Emanuel, has consistently been ranked among the top litigators in New York City as judged by multiple leading global publications. He was named by Chambers USA (2007) as one of only four "Up-and-Coming individuals" in New York for Commercial Litigation, describing him "as a dogged and tenacious litigator who has 'the force of freight train in court'." Chambers USA (2008) described Carlinsky as having "strong gut instincts," an ability to "recognize pressure points in cases and get things done," and as someone who is "not afraid to try cases." Chambers USA (2010) described him as "a tenacious lawyer with serious street smarts." He draws praise for his "astute judgment and client-focused approach." Chambers USA (2012) noted that Mr. Carlinsky has “incredible instinct as a litigator,” and is “a very good tactician.” Chambers interviewees stated that, “any clients are in good hands with him.” Carlinsky's practice is international in scope, representing multinationals in all types of litigation with a particular emphasis on complex commercial litigation; business-tort litigation; and intellectual property litigation. Mr. Carlinsky has recovered more than a quarter billion dollars in verdicts, awards or settlements for his clients.
Mr. Carlinsky's clients include American International Group ("AIG"), Morgan Stanley, INVISTA/Koch Industries, Legg Mason, CSN (Brazil), ING Bank, IAC/Interactive Corp., Enstar Group, and the ECRA Pool.
Obtained jury verdict in NY federal court, following seven day trial, finding in favor of client CSN, a large Brazilian steel company, on all claims worth in excess of $300 million.
Representing AIG in a federal court action brought by a Canadian company seeking to walk away from its obligation under an interest rate swap worth in excess of $1.5 billion to AIG.
Successfully represented Morgan Stanley, including at trial, in a $250 million dispute against Barclays arising out of a credit default swap on a collateralized debt obligation ("CDO").
Successfully represented WMI (parent company of WAMU) in multiple litigations in Bankruptcy Court and District Court against JPMorgan Chase and the FDIC arising out of the failure of Washington Mutual Bank.
Successfully tried a major trademark infringement case for a significant California commercial real estate developer.
Representing Morgan Stanley against Citibank in significant dispute arising out of a credit default swap on a CDO.
Representing AIG in connection with the evaluation and prosecution of litigations against counterparties arising out of AIG's RMBS portfolio.
Representing AIG in a significant litigation in Chicago federal court brought by hundreds of insurers alleging AIG engaged in a widespread fraud in the workers compensation market.
Achieved complete victory in a significant matter for Morgan Stanley in an arbitration brought against it by the former Global Head of Oil Trading. Panel awarded zero damages on claims seeking in excess of $30 million in damages.
Represented the limited partners of a hedge fund in a shareholder derivative arbitration against a hedge fund manager and his stockbroker sister based on claims of systemic fraud through post-execution allocations of securities trades over more than a decade. After an arbitration that spanned seven months, the arbitration panel, in a unanimous opinion, awarded his clients over $75 million in compensatory and punitive damages, which included $35 million for disgorgement of compensation for the period of the fraud. The award was confirmed.
Representing INVISTA, a subsidiary of Koch Industries, in multiple trade secret litigations against Rhodia.
Served as lead litigation counsel for American International Group, Inc ("AIG") in a multi-pronged dispute with former AIG CEO Maurice R. Greenberg and several C. V. Starr entities (represented by Boies Schiller and Skadden Arps) concerning the ownership of more than $1 billion worth of insurance business. Successful on three injunction motions in NY state court and overseeing global effort to separate AIG from Starr Agencies. Also defended AIG in trademark litigation over Starr marks. All sixteen matters were settled globally.
Represented AIG in a shareholder derivative action pending in Delaware, known as the Teachers' Retirement System of Louisiana v. Greenberg litigation. He also represents AIG in connection with fraud and RICO claims by the National Workers Compensation Reinsurance Pool.
Represented AIG as lead trial counsel in a major reinsurance and contract dispute in Connecticut Federal Court.
Representing a large pool of reinsurers (known as the ECRA Pool) as lead trial counsel in defense of claims by USF&G seeking several hundred million dollars from the pool members.
Representing the Trustee of two litigation trusts arising out of the bankruptcy of REFCO and its affiliates, a multi-billion dollar bankruptcy.
Representing a group of bondholders in connection with the bankruptcy of the beverage company Le Nature's, Inc. He also represents a group of initial and secondary purchasers of Le Nature's bank debt.