Michael B. Smith

Michael is a seasoned litigator and certified mediator with a focus on media, technology, and intellectual property.

For over two decades, Michael has represented clients in the video game, digital media, software, semiconductor, medical device, and consumer electronics industries. Those representations include a broad array of complex litigation, including disputes involving copyright, trademark, and patent infringement; counterfeiting; misappropriation of trade secrets; unfair competition; and securities fraud. Michael also has significant experience litigating legal malpractice claims. Michael practices actively in both New York and California.

Michael is an MC3-Certified Mediator, a AAA Mediation.org® Affiliate Mediator, and a graduate of the NY City Bar Association’s Advanced Commercial Mediation program. He sits on panels for court-annexed mediation in New York and Massachusetts and is a regular coach in mediation trainings.

As the senior attorney for the Latin America business unit at Sony Interactive Entertainment (formerly SCEA), Michael managed all litigation matters; developed PlayStation®‘s brand protection and anti-piracy program; orchestrated the restructuring of regional licensing and distribution of PlayStation® hardware and software; and facilitated the roll-out of the PlayStation Network® in Latin America. Michael also served as General Counsel to Legendary Digital Networks (formerly Nerdist Industries), the worldwide digital distribution division of Legendary Entertainment.

Michael graduated magna cum laude from Harvard College with a bachelor’s degree in literature and a Certificate in Latin American studies from the David Rockefeller Center. He earned his J.D. from Columbia University School of Law, where he was named a James Kent Scholar.

Michael grew up in Panama City, Panama and is fluent in Spanish, with a working knowledge of Brazilian Portuguese.

  • J.D. 2000, Columbia University School of Law (Kent Scholar)

    A.B. 1997, Harvard College (magna cum laude)

  • State of New York

    State of California

    Commonwealth of Massachusetts

    Southern and Eastern Districts of New York

    Central and Northern Districts of California

    Second and Ninth Circuit Courts of Appeal

  • AAA Mediation.org® Affiliate

    MC3-Certified

    Copyright Society of the USA

    Video Game Bar Association

    New York State Bar Association Entertainment Arts & Sports Law Section

    New York State Bar Association Commercial & Federal Litigation Section (Executive Committee)

    New York State Bar Association Dispute Resolution Section (Mediation Committee)

    New York City Bar Association Entertainment Law Committee

    Massachusetts Bar Association

    Boston Bar Association

  • “Bridging the Gap - Trials” (New York State Bar Association, March 2024)

    MetroWest Mediation Services Mediation Training (Winter 2024)

    MetroWest Mediation Services Mediation Training (Fall 2023)

    MetroWest Mediation Services Mediation Training (Summer 2023)

    MetroWest Mediation Services Mediation Training (Spring 2023)

    New York State Bar Association Commercial Litigation Academy (2022)

    “The CASE Act: A New Way for Artists to Protect and Enforce their Copyrights” (Volunteer Lawyers for the Arts, May 2021)

    “MediateArt Media: Mediation and Negotiation Training Program” (Volunteer Lawyers for the Arts, January 2021)

  • “CASE Act: Small Claims, High Hopes” – Entertainment, Arts and Sports Law Journal, Spring 2020 (NYSBA)

    “Intellectual Property Issues Raised by Email” – Intellectual Property Law in Cyberspace, 3d ed. (BNA 2014-2020)

    “Week in Review” – Entertainment Art and Sports Law Blog (2016-2017)

    “Latin America: Market and Regulation” – Video Game Bar Association Game Business & Legal Affairs Conference (2014)

    “Courts Continue to Question Whether Using the Trademarks of Others to Trigger Search Engine Advertising Gives Rise to Trademark Liability” – Patent, Trademark & Copyright Journal (BNA June 2011)

    “Search Engine Advertising Trademark Claims” – The Intellectual Property Strategist (May 2011)

    “Determining ‘Loss’ in Federal Securities Fraud Prosecutions: An Update on the Supreme Court Decisions in Booker/Fanfan and Dura, and their Impact on the Enron Criminal Cases” – Securities Litigation Report (May 2005).

    “Determining ‘Loss’ in Federal Securities Fraud Prosecutions: New Criminal Cases Provide Guidance on How Juries May Decide the Financial Impact of Fraudulent Transactions” – Securities Litigation Report (November 2004).

    “Why Outside Directors Shouldn’t Leave Home Without Their D&O Coverage” – The Metropolitan Corporate Counsel (March 2004).

    “Assessing Protection Under D&O Policies for Outside Directors” – New York Law Journal (February 9, 2004)

  • Represent high net worth individual against defamation claim.

    Represent billion-dollar e-commerce company in contract dispute.

    Represent maritime security technology company in contract dispute.

    Represent stakeholders in global staffing company in partnership/trademark dispute.

    Represent Mexican spirits producer in dispute over failed joint venture.

    Represent Latin American cell tower development companies in partnership dispute.

    Represent prominent real estate developers in connection with $1.2 billion urban development project.

    Represent global food services company in breach of contract and conversion litigation.

    Represent majority owner in LLC in dispute over management of cryptocurrency mining operation.

    Represent medical information technology company in copyright infringement litigation.

    Represent video game publisher in connection with various copyright disputes.

    Represent various non-profit organizations in trademark infringement litigation.

    Represent flash memory manufacturer in $100+ million trademark litigation.

    Represent world-renowned hotelier in “bet the company” litigation with investor; advise same on trademark matters.

    Represent music industry entrepreneur in connection with trade secret litigation.

    Represent fashion designer in trade secret litigation.

    Represent fabless semiconductor company in trade secret litigation.

    Represent online advertising company in trade secret litigation.

    Advise national television personality regarding dispute with talent agency.

    Advise chef regarding protection of trade secrets.

    Advise testing software publisher regarding licensing issues.

    Represent prominent entrepreneur in defamation litigation.

    Represent senior executive of public company in defamation litigation.

    Represent former law firm partner in partnership dispute.

    Represent various applicants for discovery in aid of foreign proceedings under 28 U.S.C. 1782.

    Represent textile industry entrepreneur in partnership dispute.

    Represent amicus before the California Supreme Court in dispute over interpretation of California’s “anti-spam” legislation.

    Represent global technology company in malpractice suit culminating in favorable settlement on eve of trial.

    Represent technology executive in malpractice litigation.

    Defend prominent national and global law firms in malpractice litigation.

    Represent real estate management company in litigation that led to ground-breaking New York Court of Appeals precedent.

    Representation of global soft drink company in disputes with distributors in Latin America and Asia.

    Represent real estate developer in FTCA litigation arising out of executive agency’s violation of client’s due process rights.

    Represent entrepreneur in malicious prosecution litigation against NADSAQ

    Represent target of racketeering scheme in civil RICO litigation.

    Represent medical device manufacturer in securities class action and related shareholder derivative action.

    Represent lenders in series of litigations involving breach of contract, negligence, and fraud culminating in successful trial.

    Represent global financial services company in litigation arising out of “lift out” of investment management group.

    Represent US investors in precedent-setting federal bench trial against Argentinian cable company.