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Lowenstein Sandler LLP

Michael A. Kaplan

Michael A. Kaplan

Counsel

Expertise

  • Appellate
  • Construction Law & Litigation
  • Corporate Investigations & Integrity
  • Health Care Investigations, Compliance, & Litigation

WSG Practice Industries

Activity

Lowenstein Sandler LLP
New York, U.S.A.

Profile

Michael brings strategic judgment and practical solutions to a practice focused on complex commercial litigation, as well as products liability, mass tort, toxic tort, and dram shop cases. He handles a wide array of civil litigation and appeals in both state and federal courts across the country. Clients also value his experience with U.S.-based and international arbitrations.

Outside his civil practice, Michael concentrates on white collar criminal law, representing individuals and corporations in matters involving allegations of mail and wire fraud, health care fraud, and tax evasion. He conducts internal investigations and has a strong track record defending entities in investigations and civil proceedings brought by state and federal regulatory authorities.

In addition to his passion for litigation, Michael is committed to giving back to the community. He regularly provides pro bono representation to victims of domestic violence through the firm's relationship with Partners for Women and Justice and the Rachel Coalition.

Prior to joining the firm, Michael served as a judicial law clerk to Chief Judge Gary L. Sharpe of the U.S. District Court for the Northern District of New York.

Bar Admissions

    New York
    New Jersey
    District of Columbia
    Pennsylvania

Education

Syracuse University College of Law (J.D. 2011), summa cum laude; Lead Articles Editor, Syracuse Law Review; Executive Director, Moot Court Honor Society
Temple University (B.A. 2008), Political Science, summa cum laude
Areas of Practice

Appellate | Construction Law & Litigation | Corporate Investigations & Integrity | Health Care Investigations, Compliance, & Litigation | Health Care Litigation, Investigations & Compliance | Life Sciences | Litigation | Products & Specialty Torts | Products Liability & Specialty Torts | White Collar | White Collar Criminal Defense

Professional Career

Significant Accomplishments

Successfully tried a civil case brought in state court in Monmouth County, New Jersey, on behalf of Telcordia Technologies Inc., a subsidiary of Ericsson. The plaintiff served as a subcontractor providing temporary employees to a prime contractor, which in turn provided the employees to Telcordia. When the prime contractor declared bankruptcy, the plaintiff sued Telcordia for breach of contract, claiming that the prime contractor was Telcordia's agent, and quantum meruit claims. The three-day bench trial culminated in a comprehensive written opinion from the court entering judgment in favor of Telcordia on all counts.

Won a significant victory on behalf of AGL Resources Inc. in a civil case brought in state court in Union County, New Jersey. The plaintiff in the case claimed to suffer from extensive injuries to her lower back and knee, both requiring surgery, from a minor vehicle accident with one of AGL's utility vehicles. The jury determined that AGL was not negligent and rendered a no-cause verdict.

Won a significant victory on behalf of Aramark Corporation in a civil case brought in federal court in Rochester, New York. The plaintiff in the case claimed to be totally disabled due to internal head injuries resulting from an accident which occurred on property managed by Aramark. The claim was bifurcated into two phases: liability and damages. The jury determined that Aramark was not liable and therefore prevented the second phase.

Represents LifeCell Corporation in multiple products liability cases involving cutting-edge medical technology.

Represents numerous investment advisors in connection with government investigations.

Represented a major medical center in connection with its physical damage and business interruption losses stemming from Hurricane Sandy, which are expected to exceed $1 billion.

Represents individuals under investigation for alleged wire fraud by the U.S. Attorney's Office in the District of New Jersey.

Representing national telecommunication research and development company in a contract dispute regarding the provision of temporary technical labor.

Pro bono representation of a victim of domestic violence seeking a final restraining order in family court.

Pro bono representation of New Jersey homeowners seeking insurance coverage for damages stemming from Superstorm Sandy.



Professional Associations


  • American Bar Association
  • New York State Bar Association
  • New Jersey State Bar Association  

Professional Activities and Experience

Accolades
  • Order of the Coif
  • The Order of Barristers
  • ALI-ABA Scholarship and Leadership Award -
  • National Order of Scribes -
  • College of Law Ambassador Award -
  • Partner in Justice Award - Michael Kaplan

Articles

U.S. Supreme Court Reaffirms Insider Trading Rules, Casting Doubt on Continued Utility of Second Circuit’s Newman Decision
Lowenstein Sandler LLP, December 2016

On December 6, the U.S. Supreme Court issued a unanimous decision, penned by Justice Samuel Alito, in the case of Salman v. United States. The decision clarifies that a quid pro quo relationship is not required between a tipper and tippee, where insider information is exchanged between parties in a close relationship and the tipper is providing the information to the tippee as a gift...

Additional Articles

    Mandatory Restitution: Ensuring That Possessors of Child Pornography Pay For Their Crimes, 2011
    Physician Payments Sunshine Act: Transparency, but at What Costs?, November 27, 2013
    Physician Sunshine Act: Transparency Could be Costly, September 2013
    U.S. Supreme Court Affirms: Defrauding Bank Customer Is Also Fraud Against Bank, December 14, 2016
    U.S. Supreme Court Reaffirms Insider Trading Rules, Casting Doubt on Continued Utility of Second Circuit’s Newman Decision, December 7, 2016
    Un-Confidential Agreements: Another Brush Off An Attorney's Palette, October 2013

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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