Michael M. Fay

Partner | New York

T (212) 506-1706

F (212) 506-1800

Biography
News

Broad litigation experience in complex financial and derivative, bankruptcy, corporate governance, general commercial, insurance, real estate, toxic tort and product liability matters. Representation of numerous investment and hedge funds, financial institutions and corporations in courts in New York, New Jersey, Alabama, Arizona, California, Delaware, Florida, Missouri, Nevada, Tennessee, Texas and several other jurisdictions. Trial experience in both federal and state courts, as well as before arbitration panels. One of the original nineteen attorneys who founded the Kasowitz firm in 1993.

Notable Representations

Successfully defended +$300 million tortious interference action in Arizona related to failed merger transactions.
Defended claims against New York-based hedge fund based on redemption of limited partner interests, resulting in dismissal of action.
Successfully prosecuted claims of investment funds in dispute of Pennsylvania power plant, resulting in favorable settlement for clients.
Prosecuted to a successful judgment claims against sureties in dispute arising out of finite re-insurance transactions.
Represented financial institution in Enron examiner investigation, avoiding any asserted liability and any exposure in the Enron "mega-claim" action.
Tried action to a plaintiff's verdict before Texas jury in dispute over damage to industrial reactor.
Tried action before Missouri state regulatory commission, resulting in upward modification of rates for local distribution company.
Participated in team which obtained very favorable settlement for MCI bondholders in WorldCom bankruptcy.

Recent clients include WestLBAG, Coventry First, Fortress Investment Group, Celanese AG, The Hartford Insurance Company, Fairfax Financial Holdings, Harbinger Capital Partners, Silver Point Capital, Southern Union Company, Phelps Dodge Corporation and Trilogy Capital Partners.

Related Information

Practice Areas

Education

University of Virginia School of Law (J.D., 1987) Editor-in-Chief, Virginia Journal of Law and Politics
William & Mary College (B.A., 1983)

Bar Admissions

New York, 1988

Court Admissions

U.S. District Court, Eastern District of New York, 1990
U.S. District Court, Southern District of New York, 1990
U.S. Court of Appeals, Fourth Circuit, 1997
U.S. Court of Appeals, Second Circuit, 2006

Clerkship

Law clerk to the Honorable John A. MacKenzie of the United States District Court for the Eastern District of Virginia (1987-1988)