Michael S. Palmieri

Michael Palmieri represents major public and private companies as well as individuals in the financial services, healthcare, and other industries in connection with complex commercial litigation and internal and government investigations. He has a broad-based practice in federal and state courts, as well as before various arbitral tribunals. His practice has particular emphases on litigation and arbitration concerning closely-held companies, business torts, complex contractual disputes, bankruptcy litigation, business divorces, and securities claims.

Representative Matters

• Representation of the largest creditor of PG&E in successfully prosecuting multibillion-dollar insurance subrogation claims, for injuries arising out of the 2017 and 2018 North Bay wildfires, in one of most complex bankruptcy cases in U.S. history.
• Representation of an investor in connection with a long-term SEC investigation and trial pertaining to alleged insider trading and 13D violations. The case was appealed to the Third Circuit and the Supreme Court.

• Served as counsel to a Special Litigation Committee of PNC Bank in connection with its investigation of shareholder derivative claims alleging that the company’s directors and officers made false and misleading financial disclosures and failed to maintain sufficient controls. The claims were dismissed based on the Special Committee's report and recommendation.

• Representation of a securities-backed lender in successfully defending contract claims and prosecuting counterclaims through trial in New York’s Commercial Division and on appeal to the Appellate Division, First Department.

• Representation of the former directors and officers of a luxury retail business in connection with fiduciary duty claims asserted by a bankruptcy trustee.

• Representation of the liquidators of a failed residential mortgage-backed securities fund in connection with litigation against the fund’s manager and directors alleging breach of fiduciary duty. Michael and the firm are seeking discovery in the U.S. from the fund’s financing counterparties under Section 1782 of Title 28 of the U.S. Code, which pertains to discovery in aid of a foreign proceeding.

• Representation of a major medical lab company as plaintiff in litigation in New Jersey state court against Blue Cross Blue Shield in connection with private insurance coverage.
• Participation in an internal investigation on behalf of the Audit Committee of a NYSE-listed consumer financial services company in connection with the Committee's review of the company's previously issued financial statements.
• Representation of a client in a pro bono pregnancy discrimination case against her former employer.
• Representation of a co-owner and co-managing member of a real estate management company, which oversees a portfolio of affiliated properties in the New York metropolitan area, in various matters, including an AAA arbitration arising out of a “business divorce” between he and his partner and proceedings to enforce arbitral awards.

Prior to joining Friedman Kaplan, Michael practiced at Paul, Weiss, Rifkind, Wharton & Garrison LLP.