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Michael H. Bauscher

Michael H. Bauscher



Illustrative Matters

Litigation/Internal Investigations

  • Represent the county of Suffolk in federal court defending against claims that the county violated due process and equal protection rights of certain ocean front property owners in connection with the Fire Island dune and berm project (the “FIMI Project”).
  • Represent limited liability companies in connection with an SEC investigation.
  • Represent the former Chairman of the Board of Directors of a public company in connection with a SEC civil action.
  • Represent foreign investment entities in fraud actions in connection with investments in collateralized debt obligations consisting of residential mortgage-backed securities.
  • Represent a not-for-profit provider of homeless shelter services in connection with a commercial lease dispute.
  • Argued and won an appeal before the Second Circuit Court of Appeals in connection with a successful motion to confirm an arbitration award.
  • Represent a foreign company in connection with a motion to vacate an arbitration award for lack of arbitrability.
  • Represent a New York State inmate in connection with challenging a parole denial; successfully obtained Article 78 relief and a contempt order against the New York State Board of Parole.
  • Represented a municipality in connection with an internal investigation and review of the arrest-to-arraignment phase of its criminal justice system.
  • Represented a judgment creditor in the financial services industry in connection with judgment enforcement efforts in New York state courts, including multiple executions and levies, sheriff/marshal sales, and priority battles involving LLC interests.
  • Part of a trial team that successfully represented the City of New York in connection with a large-scale eminent domain valuation trial related to the condemnation of a 7.2-acre tennis facility along the East River waterfront in Long Island City.
  • Successfully obtained the dismissal of criminal charges against an individual related to a domestic dispute.
  • Successfully obtained summary judgment on behalf of a global media company in connection with a right to privacy/intellectual property action.
  • Filed numerous Mechanic’s Liens on behalf of a construction company, which resulted in the prompt payment of outstanding invoices.

Corporate/Regulatory

  • Advise global medical device manufacturers on issues related to the Physician Payment Sunshine Act, off-label marketing and other FDA regulations, and anti-kickback statutes.
  • Presented a training seminar on the Physician Payment Sunshine Act to a medical device manufacturer’s compliance executives and sales team.
  • Advise global medical device manufacturer in connection with reviewing and negotiating supply agreements, licensing agreements and compliance policies.

Education

  • B.S., 2004 The Pennsylvania State University (magna cum laude, Crime, Law and Justice; National Society of Collegiate Scholars and Golden Key National Honor Society)
  • B.S., 2004 The Pennsylvania State University (magna cum laude, Psychology)
  • J.D., 2010 Pace University School of Law (summa cum laude; Dean's Award, Full-Time Division; Editor-in-Chief, Pace Law Review; Federal Judicial Honors Program; Dean Scholar of Civil Procedure; Honor Board, Member)

     

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