Michael A. Kolcun

212.980.7400

Experience

Michael Kolcun has several years of experience representing clients ranging from large corporations to start-ups, investors, and individuals in a wide array of complex commercial litigation and intellectual property matters.  He has prosecuted and defended numerous actions in state courts in New York and Florida, as well as federal district, appellate, and bankruptcy courts throughout the country.  Michael also provides analysis of current legal issues in the Robins Kaplan Trial Attorneys Blog

Michael is committed to pro bono work and has advocated on behalf of individuals for the SDNY Office of Pro Se Litigation and the New York Legal Assistance Group, individual artists and arts and cultural organizations for Volunteer Lawyers for the Arts (VLA), and children for Kids in Need of Defense (KIND) and the State of Florida’s Guardian ad Litem Program. 

Prior to joining Robins Kaplan, Michael was a former in-house counsel to a Fortune 500 company and litigator at a class action law firm, where he gained extensive experience in appellate, health care, and labor and employment matters.  

Represented a commercial real estate investor in an action to recover substantial damages following a purchaser’s refusal to proceed with closing. The Commercial Division of the Supreme Court of the State of New York denied the defendant’s motion to dismiss after Mr. Kolcun opposed the motion. A settlement for the parties was eventually reached. Forty Realty Inc. v. ZT Flushing Investing Group, LLC, 714600/2017 (Sup. Ct., Queens Cnty.)

Represented Sonoro Invest S.A. in a shareholder derivative action.  The U.S. District Court for the District of Nevada denied the defendants’ various motions to dismiss and motion to transfer venue after Mr. Kolcun opposed the motions.  A settlement for the parties was eventually reached, which the U.S. District Court approved in final. Sonoro Invest S.A. v. Miller, et al., 15-cv-2286 (D. Nev.)

Represented Apple Corps Limited (The Beatles) in obtaining dismissal of numerous claims under the Copyright Act alleging authorship and ownership of the film of The Beatles’ historic concert at Shea Stadium. The U.S. District Court for the Southern District of New York dismissed the action in its entirety on contract law, copyright law, and statute of limitations grounds, and awarded attorneys’ fees and costs under the Copyright Act, after Mr. Kolcun briefed the motions.  Sid Bernstein Presents, LLC v. Apple Corps Ltd., et al., 16-cv-7084 (S.D.N.Y.).

Represented a performing artist in an arbitration proceeding before the International Centre for Dispute Resolution alleging breaches of contract and fiduciary duties, which resulted in a favorable settlement.

Represented the court-appointed Receiver for China North East Petroleum Holdings Ltd. in various actions in New York state courts and the U.S. District Court for the Central District of California alleging breaches of fiduciary duties and unjust enrichment against officers and directors of the company, and seeking the return of millions in company assets.  Mr. Kolcun engaged in numerous enforcement efforts, including briefing and arguing several motions in the Commercial Division of the Supreme Court of the State of New York and later briefed and argued against a motion to enjoin enforcement of that court’s favorable order, which the Appellate Division, First Department, eventually affirmed.  Seiden v. Jiang, et al., 16-cv-6026 (C.D. Cal.); Ping An v. Jiang, et al., 595757/2016 (Sup. Ct., N.Y. Cnty.), aff’d, (N.Y. 1st Dep’t).

Represented Curtis Jackson (50 Cent) in an action alleging claims of false endorsement under the Lanham Act, misappropriation and rights of publicity violations, and related state law claims.  Jackson v. Phenomenal Vinyl Corp., et al., 16-cv-6574 (E.D.N.Y.).

Represented Curtis Jackson (50 Cent) in an action alleging legal malpractice that resulted in a $14.5 million settlement.  Jackson v. Garvey Schubert Barer, et al., 16-cv-5558 (S.D.N.Y.).

Represented an independent international music publisher in an action in the Commercial Division of the Supreme Court of the State of New York alleging breaches of a publishing agreement.  After the case was removed to the U.S. District Court for the Southern District of New York, Mr. Kolcun briefed and argued a motion to remand.  Berrocal, d/b/a Bourne Co. v. Boosey & Co. Ltd., 15-cv-5279 (S.D.N.Y.).  

Represents Apple Corps Limited (The Beatles) throughout the United States in wide variety of contentious and non-contentious matters, including intellectual property policing and licensing. 

Represented a photographer in an action alleging copyright infringement and various violations of the Digital Millennium Copyright Act.   Sparig v. Distractify, Inc., et al., 16-cv-9773 (S.D.N.Y.).

Represented George Town Associates S.A. in a fraudulent transfer action.  George Town Associates S.A. v. Goss, CV 15-853387 (Ohio Ct. of Common Pleas, Cuyahoga Cnty.).

Represented a photographer in an action alleging copyright infringement and violations of the Digital Millennium Copyright Act.  Sparig v. Legal Broadcast Network, LLC, 16-cv-1905 (E.D.N.Y.).

Represented Ripples Homeland Security Group Limited, a United Kingdom homeland security firm, in an action alleging various claims for breach of contract, conspiracy, and fraud. The U.S. District Court for the District of New Jersey entered a preliminary injunction against the defendants after Mr. Kolcun briefed and argued the motion. A judgment of nearly $6.4 million was obtained against the defendants, and Mr. Kolcun engaged in numerous enforcement efforts.  Ripples Homeland Security Group Ltd., et al. v. Nayar, et al., 15-cv-02355 (D. N.J.).

Represented the Volunteer Lawyers for the Arts as amicus curiae in support of the defendants.  In rendering its decision, the en banc Ninth Circuit Court of Appeals quoted an example presented in VLA’s amicus brief.  Garcia v. Google, Inc., 786 F.3d 733 (2015).

Represented Sonoro Invest S.A. in a JAMS arbitration proceeding alleging breaches of promissory notes.  A $3,215,000 arbitration award was later entered, which the U.S. District Court for the Southern District of Florida confirmed and converted to judgment.  Sonoro Invest S.A. v. Abakan, Inc., 15-mc-23691 (S.D. Fla.).

Represented Sonoro Invest S.A. in an action for breach of promissory notes.  The U.S. District Court for the Southern District of Florida entered a temporary restraining order and preliminary injunction against the defendant after Mr. Kolcun briefed the motion.  A settlement for the parties was eventually reached. Sonoro Invest S.A. v. Abakan, Inc., 14-cv-23640 (S.D. Fla.).

Represented over 5,000 of New York City’s School Safety Agents in a class and collective action alleging violations of Title VII of the Civil Rights Act of 1964 and the Equal Pay Act.  Mr. Kolcun was heavily involved in the discovery phase of the litigation.  Ultimately, a settlement for the parties was reached and approved by the U.S. District Court for the Southern District of New York.  Andrews, et al. v. City of New York, 10-cv-2426 (S.D.N.Y.) (Prior to joining Robins Kaplan LLP).

Lead counsel representing the State of Florida, Agency for Health Care Administration, in an appeal challenging the constitutionality of the State of Florida’s Medicaid reimbursement statute and the trial court’s order providing for reimbursement of the Medicaid expenditures in full. After Mr. Kolcun briefed and argued the appeal, the State of Florida’s Third District Court of Appeal affirmed the trial court’s order.  Published decision: Garcon v. Agency for Health Care Admin., 96 So.3d 472 (Fla. 3d DCA) (Prior to joining Robins Kaplan LLP).

Lead counsel representing the State of Florida, Agency for Health Care Administration, in an appeal challenging the constitutionality of the State of Florida’s Medicaid reimbursement statute and the trial court’s order providing for reimbursement of the Medicaid expenditures in full. After Mr. Kolcun briefed the appeal, the State of Florida’s First District Court of Appeal affirmed the trial court’s order per curiamSanders v. Agency for Health Care Admin., 1D12-307 (Fla. 1st DCA 2012) (Prior to joining Robins Kaplan LLP).

  • Florida State University College of Law Alumni Association: Presidential Appointment, Member of the Board of Directors (2018-present)
  • Florida State University Seminole Club of New York City: Secretary, Member of the Executive Board (2014-2017)
     

 

Bar Admissions
  • New York
  • Florida
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Middle District of Florida
Education
  • Florida State University College of Law, J.D. (2010)
  • Florida State University, B.A. (2006)
  • The Ethics of Client Investigations: Maximizing Effectiveness & Avoiding Pitfalls
    Columbian Lawyers Association (March 2015)
  • Panelist at Dominican College’s inaugural Criminal Justice Day (2013)
  • Guest Lecturer at Florida State University in a Comparative Criminology and Criminal Justice course (2011)
  • The Dos and Donts of Social Media An Ethical Guide for Attorneys
    Hispanic Bar Association of New Jersey, Newark, New Jersey (April 14, 2016)
     
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