Michael is a former litigation partner at the international firm Orrick Herrington & Sutcliffe and associate at Donovan Leisure Newton & Irvine.  

Practice Areas

Dispute Resolution/Litigation Avoidance
Commercial Litigation
General Counseling
Legal Strategic and Crisis Management
Contract law
Construction law
Employment law
Brokerage law
Entertainment law
Residential and Retail Property Management
Government relations

 
Education

J.D., Columbia Law School, 1993
A.B., Princeton University, 1989

 
Admitted in

New York

 
Court Admissions

Supreme Court of the United States
United States Court of Appeals – 2d Circuit
United States District Court – EDNY/SDNY

 
Personal

Honored by West End Day School
Trustee of Amber Charter School
Coach of his three children’s sports teams

 
REPRESENTATIVE ENGAGEMENTS
 
Real Estate:  Development/Construction/Management
Serving as General Counsel to Atlantic Development Group and all of its related entities since January 1, 2009, Mr. Stolper has been involved in various business and legal issues confronting development, construction and property management firms.  For example, he has handled matters involving commercial and residential tenants, Section 42 of the IRS Code, commercial brokers, mechanics lien law and the New York City Section 421-a tax exemption program. 
 
In the context of real estate related litigation, the firm has successfully achieved multi-million dollar legal awards arising out of zoning, tax credit and real property matters.  The firm currently represents (i) a landowner, developer and construction firm against claims by a neighboring landmarked property owner, (ii) a purchaser of an apartment building seeking specific performance against the seller, and (iii) a commercial tenant against its landlord seeking millions in a breach of lease matter. 
 
Today the firm represents a number of prime and subcontractors on a variety of legal issues.
         
Brokerage Litigation
The firm has both defended against and pursued claims for brokerage commissions.  The firm is well versed in the law relating to brokerage commissions, which is nuanced and often involves implied in fact contracts, procuring cause disputes and a lack of written record.
 
General Counsel – Energy Service Company
Mr. Stolper serves as General Counsel to a rapidly growing Energy Service Company servicing the New York/New Jersey metropolitan area.  He handles legal and non-legal business affairs in various matters for the firm.
 
Non-competition Injunctions
Mr. Stolper has obtained written decisions awarding his clients injunctions to enforce non-competition covenants. GSM v. Vox et al., Index No. 09-CV-10624 (SDNY); New York Real Estate Institute v. Edelman, 42 A.D.3d 321 (1st Dept, 2007); i-Deal LLC v. Thomson Financial Inc., Slip. Op., Index. No. 603414/05 (Sup. Ct. New York County, Part 49 Feb. 8, 2006) (Cahn, H., J.S.C.), appeal withdrawn, 2006 N.Y. App. Div. LEXIS 6428 (App. Div. 1st Dep’t May 11, 2006).
 
Insurance Recovery
Mr. Stolper has been involved in a number of complex insurance coverage matters representing policyholders against insurers.
 
Corporate Divorce
Mr. Stolper has represented partners/members in contested buyouts and dissolutions.
         
Licensing Disputes
Mr. Stolper has handled a number of licensing disputes in various jurisdictions and forums.
   
Ponzi Scheme
The firm represents a number of investors who were defrauded in an US$80M+ hedge fund Ponzi scheme.  The fraudulent conveyance lawsuit has recovered and will continue to recover false profits. 
         
Sports, Entertainment & E-commerce Industry Matters
Mr. Stolper has represented a number of sports, entertainment and e-commerce clients in commercial disputes.  Mr. Stolper has represented a number of professional athletes in business disputes around the country.  He currently represents a number of recently retired NHL hockey players.  He served as trial counsel in the defense of MP3.com against music industry recording and publishing entities.  He obtained on an emergency basis billing credit for a producer of a hit Broadway musical who had been improperly omitted from the show.
   
Labor & Employment Issues
Mr. Stolper serves as general counsel of the Amber Charter School in East Harlem. Through his affiliation, he has negotiated the first UFT contract for a New York Charter School, which was profiled in The New York Times and the New York Daily News. He has also negotiated collective bargaining agreements with Local 660 United Workers (residential building personnel).  He was actively involved with the efforts of the Office of the Election Officer for the International Brotherhood of Teamsters in conducting and supervising the rerun of the Teamsters’ International Officer Election. 
   
Government Investigations
Mr. Stolper represents a real estate developer subject to an investigation by the U.S. Dep. Of Justice into alleged violations of the Fair Housing Act.  He also represented a subprime lender under investigation by the New York State Attorney General and separately by the U.S. Dep. of Justice. 
   
Foreign Sovereign Immunity Act
Mr. Stolper represented a Congolese Oil Minister sued in a RICO action involving claims of US$100 million. Mr. Stolper was retained to handle the appeal to the Second Circuit after the District Court denied the Minister's motion to dismiss. The case presented four issues of first impression.  Mr. Stolper's client prevailed on appeal, and the District Court's finding of jurisdiction under the Foreign Sovereign Immunities Act was vacated and remanded. Kensington Int'l Ltd. v. Itoua, 505 F.3d 147 (2d. Cir. 2007).
   
Appellate Practice
Mr. Stolper has briefed and argued numerous state and federal court appeals.  For example, he successfully argued before the New York State Court of Appeals and Appellate Division, First Department, on behalf of the state of Louisiana in a US$270+ million judgment enforcement action involving the Full Faith & Credit Clause and the doctrine of sovereign immunity. Boudreaux v. State of Louisiana, 49 A.D.3d 238 (N.Y. 2008), affirming 849 N.Y.S.2d 262 (1st Dept., 2008).  
   
Tort Cases
Mr. Stolper has represented American Cyanamid Company, American Home Products Corporation, The Dow Chemical Company and Wyeth in a number of products liability and mass tort cases. He represented Union Carbide Corporation in over 200 consolidated cases brought by IBM clean room employees claiming personal injuries from exposure to chemical solvents.  He has also been involved in complex personal and construction injury related cases.
   
Tobacco Litigation
Mr. Stolper was a member of the trial team that represented the Manville Personal Injury Trust in a multi-billion dollar RICO suit against major tobacco companies.