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Overview

Michael Fialkoff, a commercial litigator, is committed to resolving his clients’ complex business and contractual disputes in a timely and cost-effective manner. He works closely with clients to ensure that the litigation strategy for a case fits with business goals and realities. Michael assists clients with litigation related to contractual disputes, intellectual property disputes, and disputes under the New Jersey Franchise Practices Act. Michael is also a member of the firm’s Automotive Dealership Practice group and represents dealerships in high-stakes, class action litigation involving New Jersey’s Consumer Fraud Act, Truth in Consumer Contract Warranty and Notice Act, and New Jersey’s Automotive Sales Practices Regulations.

In addition to his commercial litigation work, Michael has an active fiduciary and probate litigation practice, and represents both fiduciaries and beneficiaries in complex estate matters.

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Michael has obtained numerous favorable rulings for clients, including:

  • Summary judgment dismissing all claims in an expansive trademark litigation in which the plaintiff asserted infringement of more than a dozen trademarks, which was affirmed by the Third Circuit Court of Appeals
  • Summary judgment dismissing breach of contract and other claims asserted by a franchisee against a national hotel chain
  • Dismissal of a putative class action challenging an alleged kickback scheme between a mortgage loan servicer and property insurance companies related to lender-placed insurance
  • Dismissal of a patent infringement lawsuit alleging infringement of three software patents, on the grounds that the asserted patents were invalid
  • Summary judgment on behalf of a trust beneficiary against a trustee who converted trust assets for his own personal use

Michael is also actively involved in pro bono work, including prisoners’ rights cases and guardianship proceedings. As part of his pro bono work, he obtained a first-of-its-kind ruling from the New Jersey Appellate Division that indigent parents are entitled to appointed counsel in child abuse cases before the Office of Administrative Law.

Michael was a summer associate with Day Pitney in 2014. Prior to joining the firm, he served as a judicial intern to the Honorable Alison J. Nathan of the Southern District of New York and to the Honorable Paul W. Armstrong of the Superior Court of New Jersey.

Outside of the firm, Michael is actively involved with the Jewish Bar Association of New Jersey and serves as the Chair of its Student Outreach Committee. Michael is also a member of the Executive Committee for the Crohn’s & Colitis Foundation – New Jersey Chapter’s annual Take Steps charity walk.

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Education and Credentials

Education

  • University of Michigan Law School, J.D., cum laude, 2015, Michigan Telecommunications and Technology Law Review, Articles Editor
  • University of Michigan, B.A., with Honors and Highest Distinction, 2011

Admissions

  • State of New Jersey
  • State of New York
  • U.S. District Court, District of New Jersey

Recognition and Community

No aspect of this advertisement has been approved by the highest court of any state. Prior results do not guarantee a similar outcome. See Awards Methodology.

Recognitions

Selected to the list of New Jersey Super Lawyers Rising Stars (Thomson Reuters), Business Litigation, 2023-2024

In The Media

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