Mike Klisch, Partner

Michael Klisch is a partner in the Business Litigation group.  Mr. Klisch has substantial first chair trial experience in federal and state courts throughout the United States, including the Federal District Court for the Eastern District of Virginia ("Rocket Docket"), Delaware Chancery Court and the Los Angeles County Superior Court.  Mr. Klisch also has extensive experience arbitrating cases before the AAA, ICC and CPR.  Mr. Klisch's practice covers numerous substantive areas of the law, including securities, complex commercial transactions, Internet, contracts, trade secrets, business torts, corporate governance, employment, copyright and trademark.  Representative matters include:

• Medtronic, Inc. v. K2M, Inc.: Lead counsel for defendant in an action seeking preliminary and permanent injunction for alleged trade secret violations (no injunctive relief obtained by plaintiff)
• K2M, Inc. v. Reliant, LLC: Lead counsel for plaintiff in action alleging misappropriation of trade secret, fraud and breach of restrictive covenants (preliminary and permanent injunction obtained)
• Priority One Serv., Inc. v. W&T Travel Serv., Inc.: Lead trial counsel for plaintiff in action alleging wrongful termination of subcontract (multi-million dollar judgment, including attorney's fees and costs, in favor of plaintiff)
• SigmaPharm, Inc. v. Mutual Pharmaceutical Company, Inc.: Lead counsel for defendant in action seeking $150 million for alleged violations of antitrust laws, unfair competition, unlawful restraint of trade and breach of contract (all claims dismissed – affirmed by Third Circuit Court of Appeals)
• In Re Cysive Shareholders Lit.: Lead trial counsel for corporate officers in a class action shareholder derivative suit challenging a "going private" merger (verdict dismissing all claims).
• e4e, Inc. v. Sircar: Lead trial counsel for plaintiff in shareholder derivative suit to enforce plaintiff's right to terminate the President and CEO for breaching his fiduciary duties (President and CEO resigned after trial). 
• Cysive, Inc. v. CorPay, Inc.: Lead trial counsel for plaintiff in an action alleging breach of a software development agreement and misappropriation of trade secrets suit (multi-million dollar verdict in plaintiff's favor). 
• Sircar v. iSeva, Inc.: Lead trial counsel for defendant in an action to prevent a restructuring of the board of directors (settled after trial). 
• Clark v. Toth Financial, Inc., et. al: Lead trial counsel for defendant in an action alleging securities fraud (verdict dismissing 10 of 12 counts and 80% of plaintiff's damages claim ). 
• Williams v. Markland, Inc.: Lead trial counsel for plaintiffs in an action alleging breach of a stock purchase agreement, promissory notes and executive severance agreements (multi-million dollar verdict and settlement in plaintiffs' favor plus all attorney's fees) (affirmed by the Supreme Court of Virginia). 
• Cheatham v. MannKind, Inc.: Lead trial counsel for defendant in an action alleging wrongful termination, retaliation and breach of an executive severance agreement (settled after jury deadlocked). 
• American Scheduling, Inc. v. Radiant Systems, Inc., et al.: Lead trial counsel for plaintiff in an action alleging breach of an asset purchase agreement (multi-million dollar verdict in plaintiff's favor plus attorney's fees).
• TREEV, Inc. v. MSX, Inc.: Lead trial counsel for plaintiff in an action alleging a breach of a software license agreement (million dollar verdict in plaintiff's favor) (affirmed by the Sixth Circuit Court of Appeals)
• Clanton, et al. v. Inter.net, Inc., et al.: Lead trial counsel for defendant in an action alleging corporate fraud and successor liability (all claims dismissed by the Eleventh Circuit Court of Appeals). 
• Shadewell Grove IP v. Mrs. Fields Cookies: Lead trial counsel for plaintiff in action alleging wrongful termination of trademark license agreements (settled after trial).
• Thera-Kinetics, Inc. v. Toronto Medical, Inc.: Trial counsel for plaintiff in an action alleging tortious interference and misappropriation of trade secrets (multi-million dollar verdict in plaintiff's favor).
• American WholeHealth, Inc. v. Whole Foods Market, Inc.: Lead counsel for plaintiff in an action alleging breach of an Internet development and content license agreement (multi-million dollar settlement in favor of plaintiff).
• Dual, Inc. v. Symvionics, Inc.: Lead counsel for defendant in an action alleging a breach of a teaming agreement to design a flight simulator (summary judgment in defendant's favor on all claims) (affirmed by the Fourth Circuit Court of Appeals). 
• Cablevision Systems, Inc. v. Excite@Home, Inc.: Represented defendant in an action to prevent a corporate restructuring (all claims against defendant dismissed).
• New England Patriots v. StubHub, Inc.: Represented defendant in an action asserting tortious interference with plaintiff's relationships with season ticket holders (confidential settlement). 
• Washington Post, et. al v. Gator Corp.: Lead counsel for defendant in an action alleging trademark and copyright violations concerning defendant's pop-up ads (confidential settlement). 
• In re The Gator Corporation Software Trademark & Copyright Litigation: Represented defendant in first impression trademark and copyright Internet advertising pop-up ad action brought by various parties, including United Parcel Service of Amer. Inc., L.L. Bean, Inc., Inter-Continental Hotels Corp., LendingTree Inc., The Hertz Corp., Extended Stay, Inc., Galileo International, TigerDirect, Inc. (confidential settlement).

Mr. Klisch received his J.D. (magna cum laude) from Syracuse University in 1990, where he was a member and executive editor of the Law Review. He received a B.S. from James Madison University in 1986.

Education

• Syracuse University College of Law
  JD, 1990, magna cum laude
• James Madison University
  BS, 1986

Court Admissions

• U.S. Court of Appeals, Eleventh Circuit
• U.S. Court of Appeals, Fourth Circuit
• U.S. Court of Appeals, Sixth Circuit
• U.S. District Court, District of Columbia
• U.S. District Court, Eastern District of Michigan
• U.S. District Court, Eastern District of Virginia
• U.S. District Court, Northern District of Illinois
• Virginia Supreme Court

Admissions

• District of Columbia
• Virginia