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Michael M. Merley

Partner
New York

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 represents clients in litigation, pre-litigation disputes, internal investigations, and law enforcement inquiries. He has represented clients in trials, public hearings, and investigations conducted by the U.S. Attorney's office, the U.S. Securities & Exchange Commission, FINRA, the New York Attorney General, the New York State Assembly, and the New York City Department of Investigation.

Mr. Merley’s representations have included, for example, the following:

  • For a family who owns 50% of the AriZona Iced Tea companies, as part of a team:
    • Securing a valuation decision in excess of $1 billion after a six-week trial in 2014, Ferolito v. AriZona Beverages USA, LLC;
    • Securing complete, summary dismissal of claims brought against the co-founder of the AriZona Iced Tea companies in the New York State Supreme Court, Nassau County, Commercial Division from the Second Department Appellate Division after the parties tried that case for 18 days and submitted post-trial memoranda.  JMF Consulting Grp. II, Inc. v. Beverage Marketing USA, Inc., 97 A.D.3d 540 (2d Dep’t 2012).
  • For NASCAR, as part of a team, securing a complete pre-trial dismissal of all of the Plaintiffs' claims in a case challenging NASCAR's ability to enforce its Substance Abuse Policy.  On March 26, 2012, the Fourth Circuit Court of Appeals affirmed the dismissal. Mayfield v. Nat’l Ass’n for Stock Car Auto Racing, Inc. (“NASCAR”), 674 F.3d 369 (4th Cir. 2012). 
  • For NASCAR, as part of a team, securing summary judgment dismissing claims that NASCAR 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.  Kentucky Speedway, LLC v. NASCAR, 588 F.3d 908 (6th Cir. 2009). 
  • Representing various then-current and former employees of the Galleon Group of hedge funds related to the criminal and civil cases against Galleon's Managing Member, Raj Rajaratnam, and Rajat Gupta, among other individuals and entities. 
  • For the New York Yankees:
    • Resolving, as part of a team, a federal lawsuit (before trial and without any finding of liability) involving claims that the Yankees and the City of New York had a policy of restricting fan movement during the 7th Inning Stretch that purportedly violated the First Amendment, and the Fourth Amendment among other claims.
    • Obtaining, as part of a team, complete pre-trial, pre-discovery dismissal of claims against the former principal owner of the Yankees in federal court by a former acquaintance for breach of contract.
    • Obtaining, as part of a team, an order form the New York State Supreme Court quashing a subpoena issued by a New York State Assembly Committee Chairman.

Related News

Fifty-three Attorneys Recognized as New York Metro Super Lawyers (October 10, 2016)

Boies, Schiller & Flexner Attorneys Recognized as New York-Metro Super Lawyers (October 2015)

Consumer-Fraud Suit Over Vegan Mayonnaise Shelved (In The News)

Hellmann's Maker Drops False Ad Claims Over 'Just Mayo' (Law360)

Boies, Schiller & Flexner Attorneys Recognized as New York Metro Super Lawyers (October 19, 2014)

The BSF Report: Spring 2013 (03.08.2013)

Breach of Contract Case Won by BSF for AriZona Iced Tea Co-Owner (07.06.2012)

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)

Other BSF Cases of Interest (Winter 2010)

BSF Tallies Another Victory for NASCAR (Winter 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)

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