Michael M. Agosta

Counsel
Agosta Michael

Michael Agosta has a broad-based practice focused on complex commercial litigation, including residential mortgage-backed security (RMBS) indemnification claims, corporate governance disputes, internal investigations, class action defense, and contract actions in state and federal courts. In addition to litigation, Michael has participated in the successful mediation of several contract and partnership disputes. He has drafted a wide range of litigation documents, including complaints, dispositive and non-dispositive motions, discovery requests and responses, mediation statements, appellate briefs, and expert reports. Michael has also negotiated and drafted settlement agreements, tolling agreements, stipulations, and vendor agreements, among other contracts.

Michael enjoys the challenge of analyzing risk and advising clients on strategy, both before and after the initiation of litigation, to achieve ultimate client goals, and prides himself on his ability to effectively manage a case team to achieve cost-effective results.

Michael holds an undergraduate degree in journalism, and, prior to law school, Mike worked in the publishing industry, serving as an editor and a writer for numerous well-known publications, including Women's Wear Daily.

Related Practices

Experience

Representative Matters

  • Served as second chair on a team that won a complete defense victory at trial for the CEO of a large petroleum shipping company, concerning allegations of defamation, breach of fiduciary duty, and tortious interference
  • Core member of a litigation team that secured favorable settlement in a trade secrets case on the eve of trial
  • Successfully advised a client and devised a strategy to obtain recovery for the client on multiple indemnification claims arising out of RMBS loan defaults. Obtained payments for the client via a variety of avenues, including direct settlement, litigation, and mediation
  • Obtained a favorable settlement for a television and film producer in a dispute over the terms of a co-production agreement. Participated in a successful AAA mediation that led to final resolution of the dispute
  • Secured settlement for a client in a control dispute between members of a limited partnership via mediation
  • Helped negotiate the resolution of a dispute on behalf of a general contractor in connection with alleged breaches of contract by the contractor and its subcontractors
  • Successfully represented a reinsurance company in a dispute over representations and warranties in a merger agreement. As part of the trial team, participated in extensive pre-trial motion practice and interlocutory appeals in state courts, and witness and exhibit preparation prior to trial. Secured an advantageous settlement for the client during trial
  • Represented a pharmaceutical development company that was defending a damages award won during a breach of contract action. On appeal, the Delaware Supreme Court upheld a $195 million award resulting from the defendant's breach of a duty to negotiate in good faith
  • Defended a major financial institution in a False Claims Act action stemming from allegations that the institution made false statements when seeking government loans. Obtained dismissal of the action in district court and an affirmance of that dismissal, following an appeal by plaintiffs
  • Represented former shareholders of a start-up pharmaceutical development company bringing claims against a major pharmaceutical company for breach of a merger agreement

Insights

Credentials
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Education

  • J.D. cum laude Fordham University School of Law 2012
    • Member, Fordham Urban Law Journal
    • Judicial intern, the Honorable Sherry Klein Heitler, Administrative Judge for Civil Matters, 1st Judicial District of New York
  • B.A. Journalism and History Rutgers University 2001

Bar Admissions

  • New York
  • New Jersey

Court Admissions

  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York

Community
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Pro Bono

Frequently participates in pro bono matters, including:

  • Representing a minor in removal proceedings before the U.S. Immigration Court. Obtained Special Immigration Juvenile Status (SIJS) on behalf of the client and eventual permanent resident status
  • Representing a federal inmate in a case alleging violation of the inmate's constitutional rights. Obtained a financial settlement on the inmate’s behalf
  • Leading a team of attorneys in a proposed class action against an Arkansas state judge who was alleged to have improperly jailed indigent defendants who were unable to pay court-ordered fines. Prosecuted the case through summary judgment and appeal at the Arkansas Supreme Court