Michael Fluhr focuses his practice on various types of complex commercial litigation, including securities/blockchain, products liability, intellectual property and eDiscovery.

Michael counsels myriad clients in the firm’s rapidly growing cryptocurrency/blockchain practice. He has counseled a large cryptocurrency exchange on issues concerning litigation and risk management. He has counseled token issuers on various issues of compliance with US regulations. He is currently counseling a new cryptocurrency exchange on registering with FINRA as a broker-dealer and with the SEC as an Alternative Trading System. Michael also publishes articles and presents on current legal topics in cryptocurrency/blockchain.

Outside of the cryptocurrency/blockchain space, Michael has represented financial institutions in litigation related to credit reporting and complex financial instruments such as credit default swaps and collateralized debt obligations. He served as lead counsel for a major credit reporting agency in over a dozen cases filed under the Fair Credit Reporting Act.

Michael has represented various product manufacturers, including several large automobile manufacturers, in both individual and class action claims in jurisdictions throughout the world. He currently serves as national coordinating counsel for a large German auto manufacturer.

Michael counsels clients on information governance and eDiscovery, including identification, preservation, processing, and review and production of electronic evidence, including through the use of advanced analytics and predictive coding. He has also handled lawsuits requiring forensic investigations.

Prior to his legal practice, Michael served as a judicial clerk to Judge William Martini of the US District Court of New Jersey and Justice Warren Matthew of the Alaska Supreme Court.

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Securities and Financial Litigation and Risk Management

  • Advises large cryptocurrency exchange in various issues relating to litigation and risk management.
  • Currently advising new cryptocurrency exchange on registering with FINRA as a broker-dealer and with SEC as an Alternative Trading System.
  • Advised a foreign token issuer on compliance with SEC Regulation S for foreign securities issuers.
  • First-chaired trial to defense verdict representing a major credit reporting agency accused of inaccurately reporting entries on credit reports.
  • Represented major foreign bank in litigation seeking to draw down on a US$103 million letter of credit, defeating motion by counterparty bank to enjoin draw down.
  • Represented major investment bank in litigation over enforceability of interest rate swap.

Products Liability Litigation

  • Defended ATV manufacturer against individual lawsuits throughout the US alleging design flaws leading to rollover crashes.
  • Defended auto manufacturer in class action alleging defects in wheels leading to cracking and denting, obtaining denial of class certification.
  • Defended auto manufacturer in several individual lawsuits through the US alleging electronic software defects that led to either spontaneous deployment or nondeployment of airbags.
  • Defended airplane manufacturer in lawsuit alleging fuel line defects leading to crash.

Intellectual Property Litigation and Counseling

  • Counseled music media company on copyright licensing agreements with potential acquisition target.
  • Counseled sporting goods manufacturer about copyright claims asserted against it.
  • Defended large job-finder website against allegations of software trade secret theft.
  • Represented large engineering consulting firm in lawsuits alleging trade secret theft and employee raiding by competitor firm.

eDiscovery

  • Forensic investigation of client’s former employees’ computer use (including review of master file table, Windows registry, browser cache and LNK files) to prove trade secret theft.
  • Counseling of international automotive manufacturer on use of predictive coding in large products liability litigation.

Education

  • Harvard University, J.D.
  • Pennsylvania State University, B.S.

Admissions

  • California, 2011
  • New York

Courts

  • U.S. Dist. Ct., E. Dist. of New York
  • U.S. Dist. Ct., N. Dist. of New York
  • U.S. Dist. Ct., W. Dist. of New York
  • U.S. Dist. Ct., S. Dist. of New York
  • U.S. Ct. of App., Second Circuit
  • U.S. Ct. of App., Third Circuit

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Speaking Engagements

  • Panelist, “Funder Fires,” AI Global Tech Summit 2018, Rohnert Park, CA, May 11, 2018.
  • Panelist, “Legal Workshop: Business Considerations”, 3DHEALS 2018 Global Healthcare 3D Printing Conference, April 21, 2018.
  • Speaker, “Introduction to Virtual Currency/Blockchain for Attorneys”, CLE, April 18, 2018.
  • Panel Moderator, “IG Policy Pain Points in E-Discovery,” NorCal eDiscovery Retreat, September 18, 2017.
  • Panelist, “Everything Is the Same/Nothing Has Changed,” NorCal eDiscovery Retreat, July 18, 2016
  • Presenter, “A Closer Look at Social Media eDiscovery and Governance,” Actiance Webinar, May 19, 2015.
  • Presenter, “Establishing In­House eDiscovery Playbooks, Procedures, Tool Selection, and Implementation,” NorCal eDiscovery & Information Governance Retreat, April 26-27, 2015.
  • Panelist, “The Three Rs of Enterprise Discovery Management,” Legal Tech New York, February 2014.
  • Panelist, “The Why of eDiscovery ­ Understanding the Frameworks: eDiscovery Goals,” Laguna Beach eDiscovery Retreat, July 2013.
  • Panelist, “An Analytical Primer: Assessing the Pros & Cons of Established & Emerging Review & Analysis Paradigms,” Carmel Valley eDiscovery Retreat, July 2013.
  • Panelist, “Laying the Foundations for eDiscovery Competence,” Carmel Valley eDiscovery Retreat, May 2013.
  • Panelist, “The Unforeseen: eDiscovery Project Management,” Legal Tech New York, January 2013.
  • Presenter, “A State of E­Discovery September 2012,” CLE Presentation, September 2012.
  • Presenter, “Forensic Analysis and E­Discovery,” CLE Presentation, Fall 2012.
  • Presenter, “A State of E­Discovery Spring 2012,” CLE Presentation, Spring 2012.
  • Presenter, “A State of E­Discovery Winter 2011,” CLE Presentation, Winter 2011.
  • Presenter, “E­Discovery of Electronic Databases,” CLE Presentation, Fall 2011.

Publications

  • Author, “Foreign Cryptocurrency Issuers Must Beware of U.S. Securities Advertising Restrictions,” Cryptonews by Oracle Times, May 7, 2018.
  • Author, “SEC and CFTC Offer Views on Regulation of Virtual Currency”, Global IP & Technology Law Blog, February 27, 2018.
  • Author, "What will Microsoft do with Equivio?" Pulse, January 21, 2015.
  • Regular contributor for the online eDiscovery Journal:
    • “Partial Recall: Why Lawyers Can't Have (And Really Don't Need) All Relevant Documents Part 2,” eDiscovery Journal, May 8, 2013.
    • “Partial Recall: Why Lawyers Can't Have (And Really Don't Need) All Relevant Documents Part 1,” eDiscovery Journal, May 2, 2013.
    • Making eDiscovery Purchasing Decisions: In­House vs. Vendor Part 2,” eDiscovery Journal, January 21, 2013.
    • “Making eDiscovery Purchasing Decisions: In­House vs. Vendor Part 1,” eDiscovery Journal, October 24, 2012.
    • “Thompson v. Autoliv – Another Court Accepts Discoverability of Social Media,” eDiscovery Journal, September 20, 2012.
  • Author, “Residual Jurisdiction While a Case is on Appeal,” A.B.A. Appellate Practice Journal, at 8-10, Summer 2009.
  • Editor, “Seventh Circuit Notes Editor,” ABA Appellate Practice Journal, 2009-10.
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