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Michael M. Merley

Associate
New York City

t: 212.446.2338
f: 212.446.2350

mmerley@bsfllp.com
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Areas of Practice

Litigation

Antitrust

Sports Law


Education

University of Texas School of Law, J.D., with honors, 2006; Articles & Notes Editor, Texas International Law Journal

Columbia University, B.A., Environmental Science, 2001


Admissions

New Jersey and New York

United States District Courts: Southern and Eastern Districts of New York and District of New Jersey

United States Courts of Appeals: Fourth Circuit

Mr. Merley's main practice area is complex commercial litigation.  Mr. Merley regularly represents clients in some of their most important matters, which have involved a variety of subject matter areas including antitrust, contract, business tort, intellectual property, First Amendment, as well as white collar criminal defense and investigations.

Mr. Merley is part of a team that secured complete pre-trial dismissal of all of the Plaintiffs' claims in a case challenging NASCAR's ability to enforce its Substance Abuse Policy.  The federal district court's dismissal order is currently on appeal to the Fourth Circuit.

Since joining the firm, Mr. Merley has also been involved in various other representations, including, for example, the following:

  • Successfully defending NASCAR from claims that it and its affiliate, International Speedway Corporation ("ISC"), violated the antitrust laws to prevent the owners of Kentucky Speedway, LLC from obtaining NASCAR's sanction of a top-tier Sprint Cup Series race at Kentucky Speedway's track.
  • Representing the New York Yankees in a number of matters, including:
  • A federal lawsuit involving claims that the Yankees and City of New York had a policy of restricting fan movement during the 7th Inning Stretch that purportedly violated the First Amendment; this matter was successfully resolved before trial and without any finding of liability.
  • Defending the former principal owner of the Yankees in federal court against claims by a former acquaintance for breach of contract; the firm obtained a complete pre-trial, pre-discovery dismissal of these claims.
  • Obtaining an order form the New York State Supreme Court quashing a subpoena issued by a New York State Assembly Committee Chairman.
  • Representing various current and former employees of the Galleon Group of hedge funds related to the ongoing criminal and civil cases against Galleon's Managing Member, Raj Rajaratnam, and other individuals and entities.

Related News

BSF at Forefront of Dispute Between Owners of AriZona Iced Tea (08.04.2011)

Former Galleon Group Employees Represented by BSF in Connection with Insider Trading Investigations (04.15.2011)

Federal court agrees with BSF and grants NASCAR's motion to dismiss Jeremy Mayfield's Claims (05.18.2010)

BSF Tallies Another Victory for NASCAR (Winter 2010)

Other BSF Cases of Interest (Winter 2010)

Firm Newsletter: Winter 2010 (02.17.2010)

BSF Successfully Defends NASCAR in Sixth Circuit Appeal (December 11, 2009)

BSF Retained by Galleon in Connection with Insider Trading Probe (12.15.2009)

BSF Achieves Dismissal of Claims Against Family Members of Vice President Biden (10.19.2009)

Boies, Schiller & Flexner Obtains Stay for NASCAR Banning Jeremy Mayfield from NASCAR Racing (July 27, 2009)

BSF Prompts Red Sox Fan to Drop ‘God Bless America’ Suit Against Yankees (07.08.2009)

Firm Report: January 2008 (Vol. 3, Issue I) (01.22.2008)

Kentucky Judge grants Summary Judgment in favor of NASCAR in $1.2 billion Antitrust Suit (January 14, 2008)

Firm Report: November 2006 (Vol. 1, Issue III (11.01.2006)