Michael H. Bauscher
Michael H. Bauscher
Michael H. Bauscher is a litigator whose practice focuses on Eminent Domain Law and related land use and real estate matters. He has significant experience with valuation proceedings to determine the fair market value of properties taken by eminent domain and has been an integral part of trial teams for several valuation trials. Mr. Bauscher has worked closely with appraisers and other experts, including engineers, construction cost estimators, environmental consultants, and architects, to prepare cases for trial. Mr. Bauscher’s trial experience has involved issues related to zoning, economic and physical feasibility, highest and best use determinations, and comparable sale analysis. Mr. Bauscher also has substantial experience preparing appellate briefs in connection with condemnation matters. Additionally, he has defended condemning authorities against constitutional challenges to acquisitions via eminent domain and has successfully defeated preliminary injunction and temporary restraining order applications seeking to prevent the acquisition of certain property rights.
Mr. Bauscher practices in both state and federal courts in complex civil litigation matters. He has extensive experience with judgment enforcement practices in New York state courts and the preparation and filing of public and private mechanic’s liens pursuant to the New York Lien Law. Mr. Bauscher conducts internal investigations and works on all phases of commercial litigation cases and appeals, including breach of contract and commercial tort litigation, motions to confirm and vacate arbitration awards, Section 1983 constitutional litigation, SEC investigations, intellectual property litigation, and bankruptcy litigation. Mr. Bauscher has argued before the Second Circuit Court of Appeals in a case involving the successful confirmation of an arbitration award.
Mr. Bauscher also advises corporate clients on transactional matters and federal regulatory affairs, including matters related to off-label marketing and other FDA regulations, the Physician Payments Sunshine Act and anti-kickback statutes.
- 2011 New York
- 2012 U.S. District Courts, Southern and Eastern Districts of New York
- 2015 U.S. Court of Appeals, Second Circuit
- New York State Bar Association
- The Association of the Bar of the City of New York
- 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)