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Michael B. Smith, Esq.
Attorney; Mediator
New York, New York
Hourly Rate $950
Current Rottenstreich Farley Bronstein Fisher Potter Hodas LLP - Of Counsel
Languages English, Spanish
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Primary Area of Expertise

  • Legal Malpractice
  • Intellectual Property
  • Commercial Disputes
  • International
  • Technology
  • Defamation

Seasoned trial/appellate lawyer and mediator with 25 years’ experience representing clients in a broad array of complex commercial and intellectual property litigation - including as in-house counsel to global entertainment companies. Regularly represents clients in international disputes, especially involving Latin America.

Rottenstreich Farley Bronstein Fisher Potter Hodas LLP - Of Counsel

Attorney; Mediator

Of Counsel, Rottenstreich Farley Bronstein Fisher Potter Hodas LLP, 2024-Present; Partner, Lupkin PLLC, 2016-2024; General Counsel, Legendary Digital Networks, 2014-2016; Senior Corporate Counsel, Sony Interactive Entertainment, 2012-2014; Litigation Associate, Gibson Dunn, 2004-2012; Litigation Associate, Proskauer, 2003-2004; Litigation Associate, Solomon Zauderer Ellenhorn Frischer & Sharp, 2000-2003.

Extensive experience litigating on behalf of plaintiffs and defendants in disputes involving copyrights, trademarks, trade secrets, defamation/anti-SLAPP, fraud, breach of contract, partnership, and legal malpractice.

Tried or otherwise resolved disputes in scores of industries, including digital media, software, music, podcasting, film and television, electronic design automation, semiconductors, medical devices, pharmaceuticals, mobile data technology, flash memory, cryptocurrency, e-commerce, advertising, hospitality, food and beverage, fashion/textiles, and financial and legal services.

As General Counsel, shepherded Nerdist Industries through its transition from startup to worldwide digital distribution division of Legendary Entertainment, with over 20 million monthly active users.

As lead attorney for the Latin American business unit at Sony Interactive Entertainment, 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.

Served as mediator in over 50 cases, involving amounts from $250,000 to over $1.2 billion, including complex international, intellectual property, and media matters. Served as advocate in over 100 mediations, primarily in complex commercial and intellectual property disputes.

Breach of contract; trademark, defamation, licensing; landlord-tenant; consumer protection, international disputes.

Drawing on my extensive experience as both a litigator and in-house counsel, I bring a practical, flexible approach to each mediation. I help the parties move past the traditional "zero sum" mentality, working with them to identify mutually beneficial options. And while I encourage collaborative problem-solving and respect each party’s autonomy, I also provide clear, objective feedback on the strengths and risks of each party’s position when I think it will help move the process forward. Throughout, my goal is to create an open, respectful environment where the parties feel heard

I prepare thoroughly for each mediation and help the participants do the same. I work with counsel before the conference to tailor the process to the specific dynamics of the dispute. I make use of joint sessions when I think they will be productive, but I often move to private caucuses early on to allow for more candid, focused exchanges in a confidential setting. I am equally comfortable with remote and in-person conferences.

Ultimately, I aim to guide the parties toward a fair, sustainable resolution that aligns with their goals.

Proficient with various online platforms (Zoom, Teams, Google Meet) and willing to conduct mediation sessions virtually. Highly experienced with ESI issues.

Columbia University School of Law (JD, Kent Scholar - 2000); Harvard College (AB, magna cum laude - 1997).

Admitted to the Bar: New York (2001), California (2005), Massachusetts (2013).

MC3-Certified Mediator (2024).

Video Game Bar Association; New York State Bar Association (Dispute Resolution Section, Commercial & Federal Litigation Section, Entertainment, Arts & Sports Law Section); Massachusetts Bar Association (Dispute Resolution Section, Complex Commercial Litigation Section).

$950 Per Hour

English, Spanish

United States of America

New York, NY

The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.