Michael Fresco is an Associate in the Firm's Litigation department. From 2014 to 2015, Mr. Fresco served as a Law Clerk to the Hon. Cathy Seibel of the United States District Court for the Southern District of New York. From 2013 to 2014, he served as a Law Clerk to the Hon. Paul J. Kelly, Jr. of the United States Court of Appeals for the Tenth Circuit.
White Collar Defense and Investigations
- Represents a charitable foundation in appeal of civil asset forfeiture proceedings before the Second Circuit.
- Serving on the Monitoring Team for the Newark Police Division, led by Peter C. Harvey, responsible for overseeing the NPD’s compliance with a Consent Decree issued by the U.S. Department of Justice.
Represents a not-for-profit religious corporation in connection with a New York Attorney General investigation into the corporation’s investment practices.
Represented a charitable foundation in connection with a Department of Justice investigation into alleged bribery and honest services fraud.
Complex Commercial Actions
- Represents a major pharmaceutical manufacturer in civil RICO class action alleging off-label marketing of a prescription medicine.
- Represents a financial guarantor in breach-of-contract and common law tort disputes involving mortgage-backed securities.
- Defended a major supplier of surgical aesthetic products against breach of contract claim in connection with drug development program.
Law Firm Defense
- Defended a law firm and an attorney against malpractice and breach of fiduciary duty claims in New York State Supreme Court stemming from a multi-year litigation over a call option.
Art and Museum Law
- Obtained a favorable settlement for art advisory firm in connection with title dispute over multi-million dollar sculpture.
Pro Bono Activities
- Represents veterans of the U.S. Armed Forces in administrative discharge upgrade proceedings.
- Represents an individual convicted of drug smuggling in appeal before the Second Circuit.
- Drafted and filed an amicus brief on behalf of labor organization in the U.S. Supreme Court case Trump v. International Refugee Assistance Project, addressing the constitutionality of Executive Order 13780’s suspension of the United States Refugee Admissions Program.
- Drafted and filed an amicus brief on behalf of non-profit human rights organization in the U.S. Supreme Court case Jennings v. Rodriguez, addressing the Government’s authority to detain certain categories of non-citizens without providing periodic bond hearings.
- Drafted and filed an amicus brief on behalf of 119 religious organizations in the Ninth Circuit case Regents of the University of California v. United States, addressing the Government’s authority to terminate the Deferred Action for Childhood Arrivals program.
- Volunteer coach for high school mock trial and moot court teams.
- U.S. Court of Appeals, Second Circuit; Ninth Circuit
- U.S. District Court, Southern and Eastern Districts of New York
- New York
MEMBERSHIPS: New York City Bar Association, Government Ethics & State Affairs Committee (2017-present); New York City Charter Revision Task Force (2019-present); New York County Lawyers Association, Program Coordinator, Veterans Discharge Upgrade Project (2018-present)
- Note, "Getting to 'Exempt!': Putting the Rubber Stamp on Section 501(c)(3)'s Political Activity Prohibition," 80 Fordham L. Rev 3015 (2012)
- Contributor to BiologicsBlog.com
- Co-author, “Patent Dance Remains on Point,” Intellectual Property Magazine (January 25, 2018)