
Michael
S.
Oberman
Partner
Mr. Oberman has litigated a wide variety of complex civil cases at the trial and appellate levels and in arbitration, including antitrust, breach of contract, copyright, securities and trademark cases.
Mr. Oberman obtained injunctive relief on behalf of a publisher of video games in a landmark decision providing expansive copyright protection for video games. In another case, he obtained a judgment dismissing a claim for $100 million in consequential damages. In addition to litigating intellectual property law cases, Mr. Oberman counsels clients on copyright and trademark law. He has written several articles on copyright law and served three terms as a member of the Committee on Copyright and Literary Property of the Association of the Bar of the City of New York.
Mr. Oberman's experience in alternative dispute resolution proceedings includes service as an arbitrator and a mediator. He is a member of the Commercial Panel of the American Arbitration Association and of the CPR Panel of Distinguished Neutrals. He was one of the first attorneys chosen as a mediator for the Mandatory Mediation Program of the U.S. District Court for the Southern District of New York.
Mr. Oberman, in addition to regularly practicing in the federal and state courts, has written on court procedures and administration and is active in efforts for court reform. He has served since 1995 as a member of Chief Judge Kaye's Commercial Courts Task Force, which created the Commercial Division of the New York Supreme Court, and served between 1982-1999 as a member of the Second Circuit's Committee on Rules and Operating Procedures.
Representative Matters
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In Re The Walt Disney Company Derivative Litigation, Delaware Chancery Court, August 9, 2005; aff'd, 906 A. 2d 27 (Del. Supr. 2006)
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Advanced Global Technology v. Sirius Satellite Radio, 3/15/07 N.Y. Law Journal at 1; 15 Misc. 3d 776, 836 N.Y.S. 2d 807 (N.Y. Supr. 2007), aff'd in part, modified in part (N.Y. 1st Dep't Oct. 2, 2007)
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Scavenger, Inc. v. GT Interactive Software Corp., 289 A.D. 2d 58, 734 N.Y.S. 2d 141 (1st Dep’t 2001)
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Best Payphones, Inc. v. Empire State Payphone Ass’n, 272 A.D. 2d 139, 708 N.Y.S. 2d 11 (1st Dep’t 2000)
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Micro Star v. Formgen Inc., 154 F. 3d 1107 (9th Cir. 1998)
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Orderline Wholesale Distributors., Inc. v. Gibbons Green, van Amerongen, Ltd., 675 F. Supp. 122 (S.D.N.Y. 1987)
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Mills Music, Inc. v. Snyder, 469 U.S. 153, 105 S. Ct. 638 (1985)
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City of New York v. Long Island Airport Limousine Service Corp., 62 N.Y. 2d 846, 466 N.E. 2d 153, 477 N.Y.S. 2d 613 (1984)
Education
J.D., cum laude,
Harvard Law School,
1972
A.B., cum laude,
Columbia College,
1969
Clerkships
Judge Milton Pollack,
U.S. District Court, Southern District of New York,
1972
- 1973
Bar Admissions
District of Columbia,
1992
California,
1981
New York,
1973
Court Admissions
U.S. Court of Appeals, Seventh Circuit,
1993
U.S. Court of Appeals for the Fifth Circuit,
1989
U.S. District Court, Central District of California,
1982
U.S. District Court, Southern District of California,
1982
U.S. District Court, Northern District of California,
1981
U.S. Court of Appeals for the Ninth Circuit,
1981
U.S. Supreme Court,
1976
U.S. Court of Appeals for the Second Circuit,
1973
U.S. District Court, Eastern District of New York,
1973
U.S. District Court, Southern District of New York,
1973
Professional Affiliations
New York State Bar Association, Delegate, 1989-1991, House of Delegates; Member, Committee on Federal Courts, 1977-1989; Member, 1989-present, Executive Committee, Commercial and Federal Litigation Section; Member, 1993-1996, Executive Committee, Intellectual Property Law Section
The Association of the Bar of the City of New York, Member, Committees on: Federal Legislation, 1978-1981: Copyright and Literary Property, 1981-1985, 1988-1991, 1997-2000
American Bar Association, Litigation Section
The State Bar of California
Federal Bar Council
Fellow, The New York Bar Foundation, 2005-