Michael Powell's headshot

Michael Powell

Partner

A seasoned litigator, Michael guides clients through complex, high-stakes disputes with competitors, partners, counterparties, and employees.

Biography

Michael concentrates her practice on complex commercial litigation with a focus on disputes between competitors involving trade secrets misappropriation and the misuse of confidential information.  Her clients include leading tech companies, cutting-edge start-ups, major financial institutions, Fortune 500 and other large public companies, and their directors, officers, and employees.  She counsels clients through all stages of litigation: pre-suit investigation of claims and defenses, efficient management of litigation processes, trial, and negotiated resolutions, including the negotiation of complex business arrangements and the settlement of class action lawsuits.  Outside of active litigation, Michael also guides clients in transactional diligence, post-closing processes, internal investigations, and the navigation of relationships with long-term contractual partners.

Experience

  • Representing a leading semiconductor test company in a complex competitor dispute involving claims for breach of contract, tortious interference, unfair competition, and breach of fiduciary duty.
  • Obtaining the dismissal of claims for misappropriation of trade secrets and fraud brought against a growth-stage start-up company in the consumer health products industry.
  • Securing the successful resolution of a trade secret misappropriation dispute for the world’s largest salon company.
  • Blocking the revival of multi-billion-dollar unfair competition claims against a major financial institution following the Supreme Court’s 2018 decision in Ohio v. American Express Co., with affirmance on appeal.
  • Securing the successful resolution of a disloyal-employee competitor dispute for a leading investment fund.
  • Obtaining the dismissal of claims for breach of fiduciary duty and fraud made against the administrator of a $700 million offshore mutual fund following its collapse.
  • Obtaining the dismissal of a securities fraud class action brought against the world’s largest footwear retailer and its officers and directors.
  • Obtaining the dismissal of a securities class action suit brought by distressed debt funds against airline officers and directors following the airline’s Chapter 11 restructuring, with affirmance on appeal, and
  • Obtaining a from-the-bench dismissal of a securities class action suit brought by shareholders of a bank holding company following the company’s restatement of all financials.

Prior to joining Gish PLLC, Michael spent nearly a decade in the Complex Litigation & Trials department of Skadden, Arps, Slate, Meagher & Flom LLP.

Publications

  • “Food and Beverage Labeling Litigation: Recent Trends,” JDSupra (July 7, 2021)

Education

2013

Columbia Law School

J.D.

2010

University of Pennsylvania

B.A., Philosophy, Politics, and Economics

Admissions

State Bar of New York

District Court for the Southern District of New York

District Court for the Eastern District of New York

Court of Appeals for the Second Circuit

Court of Appeals for the Federal Circuit