REPRESENTATIVE EXPERIENCE
Michael S. Nelson
Commercial Disputes
Defended a major dishwasher manufacturer in nationwide class actions alleging breach of warranty and consumer fraud; all cases dismissed without client payment.
Represented an international appliance manufacturer in five class actions; all dismissed following disqualification of plaintiff’s liability expert after a Daubert hearing.
Served as first-chair trial counsel for a Fortune 100 technology company in a breach of employment compensation dispute; verdict entered for client after plaintiff’s perjury was revealed.
First-chair trial counsel for a Fortune 100 technology company in an IP licensing dispute; resolved favorably after trial through a mediated settlement that included a new cross-licensing agreement.
Represented a Fortune 100 manufacturer in multiple take-or-pay contract disputes; all resolved successfully.
Represented a manufacturer of industrial equipment in a dispute alleging breach of express and implied warranties that was resolved favorably after limited discovery.
Insurance Coverage and Asbestos Bankruptcy
Secured US$1.7+ billion in the In re Pittsburgh Corning Chapter 11 case from 40+ domestic and foreign primary, umbrella, and excess insurers.
Appointed as special insurance counsel for an American supplier of paints, coatings, and specialty materials, UGL, and current debtors in Aldrich Pump and Murray Boiler.
Drafted and enforced key channeling injunction and insurance neutrality provisions in multiple Chapter 11 reorganizations.
Secured favorable coverage-in-place agreements and policy buybacks for an international distributor of industrial, medical, and specialty gases facing silica personal injury lawsuits.
Successfully resolved a claim brought by an insurer for breach of indemnity agreements without the need for protracted litigation.
Negotiated policy buyouts for a supplier of building materials for commercial and industrial applications named as a defendant in asbestos litigation.
Represented a steel manufacturer in litigation over coverage for remediation of environmental damage at sites across the northeast that was settled after appeals to the Second Circuit.
Successfully resolved a claim brought by a major commercial laundry and drycleaning business for property damage and business interruption damages sustained after a major fire at its facility.