Michael A. Kaplan Associate

New YorkNew Jersey
T 973.597.2302 | F 973.597.2303



Michael brings strategic judgment and practical solutions to a practice focused on complex commercial litigation, as well as products liability, mass tort, toxic tort, and dram shop cases. He handles a wide array of civil litigation and appeals in both state and federal courts across the country. Clients also value his experience with U.S.-based and international arbitrations.

Outside his civil practice, Michael concentrates on white collar criminal law, representing individuals and corporations in matters involving allegations of mail and wire fraud, health care fraud, and tax evasion. He conducts internal investigations, and has a strong track record defending entities in investigations and civil proceedings brought by state and federal regulatory authorities.

In addition to his passion for litigation, Michael is committed to giving back to the community. He regularly provides pro bono representation to victims of domestic violence through the firm’s relationship with Partners for Women and Justice, and the Rachel Coalition.

Prior to joining the firm, Michael served as a judicial law clerk to Chief Judge Gary L. Sharpe of the U.S. District Court for the Northern District of New York.

Representative Engagements

Successfully tried a civil case brought in State Court in Monmouth County, New Jersey on behalf of Telcordia Technologies, Inc., a subsidiary of Ericsson. The plaintiff served as a subcontractor providing temporary employees to a prime contractor, which in turn provided the employees to Telcordia. When the prime contractor declared bankruptcy, the plaintiff sued Telcordia for breach of contract, claiming that the prime contractor was Telcordia’s agent, and quantum meruit claims. The three-day bench trial culminated in a comprehensive written opinion from the Court entering judgment in favor of Telcordia on all counts.
Won a significant victory on behalf of AGL Resources, Inc., in a civil case brought in State Court in Union County, New Jersey. The plaintiff in the case claimed to suffer from extensive injuries to her lower back and knee, both requiring surgery, from a minor vehicle accident with one of AGL’s utility vehicles. The jury determined that AGL was not negligent and rendered a no cause verdict.
Won a significant victory on behalf of Aramark Corporation in a civil case brought in Federal Court in Rochester, New York. The plaintiff in the case claimed to be totally disabled due to internal head injuries resulting from an accident which occurred on property managed by Aramark. The claim was bifurcated into two phases – liability and damages. The jury determined that Aramark was not liable and therefore prevented the second phase.
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Other Distinctions

  • Order of the Coif
  • Order of the Barristers
  • ALI-ABA Scholarship and Leadership Award
  • National Order of Scribes
  • College of Law Ambassador Award

Publications

U.S. Supreme Court Affirms: Defrauding Bank Customer Is Also Fraud Against Bank
White Collar Criminal Defense Client Alert, December 14, 2016
Michael Long, Michael Kaplan
U.S. Supreme Court Reaffirms Insider Trading Rules, Casting Doubt on Continued Utility of Second Circuit’s Newman Decision
White Collar Criminal Defense Client Alert, December 7, 2016
Robert Kipnees, Michael Kaplan
Physician Payments Sunshine Act: Transparency, but at What Costs?
Bloomberg BNA Medical Devices Law & Industry Report, November 27, 2013
Michael Kaplan
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Press Mentions

On behalf of Aramark Corporation, Lowenstein Sandler won a significant victory in a civil case brought in Federal Court in Rochester, New York. The plaintiff in the case claimed to be totally disabled due to internal head injuries resulting from an accident that occurred on property managed by Aramark. The claim was bifurcated into two phases – liability and damages. The jury determined that Aramark was not liable and therefore prevented the second phase. The Lowenstein team consisted of Partner David Field and Associate Michael Kaplan. , December 10, 2013

Related Areas

Appellate
Corporate Investigations & Integrity
Life Sciences
Litigation
Products & Specialty Torts
White Collar Criminal Defense

Education


Syracuse University College of Law ( J.D. , 2011 ) , summa cum laude; Lead Articles Editor, Syracuse Law Review; Executive Director, Moot Court Honor Society
Temple University ( B.A. , 2008 ) , summa cum laude, Political Science

Clerkships


U.S. District Court, Northern District of New York , Honorable Gary L. Sharpe  

Bar Admissions


New York
New Jersey
District of Columbia

Court Admissions


2014 , U.S. Court of Appeals, Second Circuit
2014 , U.S. Court of Appeals, Third Circuit
2013 , U.S. District Court, Western District of New York
2013 , U.S. District Court, Southern District of New York
2013 , U.S. District Court, Eastern District of New York
2011 , U.S. District Court, Northern District of New York
2011 , U.S. District Court, District of New Jersey

Affiliations


  • American Bar Association
  • New York State Bar Association
  • New Jersey State Bar Association