EDUCATION
Duke University School of Law, J.D., 1991
New York University, B.A. , Phi Beta Kappa, cum laude, 1988
BAR ADMISSIONS
Florida
New York
U.S. District Courts:
-
Southern District of Florida
-
Southern District of New York
United States Court of Appeals:
-
Second Circuit
MICHAEL S. POPOK
EXECUTIVE MANAGING PARTNER
Michael S. Popok is the Executive Managing Partner of the New York City Offices of the firm (Zumpano Patricios & Popok). His national litigation, white collar and trial practice is based in New York and South Florida. Michael has more than 30 years of experience as an accomplished trial attorney strategist, and business counselor, with a broad range of experience including most recently serving as a Managing Director and Deputy General Counsel of a Wall Street global financial services firm, responsible for all of its litigation, trial, arbitration, investigatory and employment matters.
PROFESSIONAL HIGHLIGHTS
Demonstrating the breadth of Mr. Popok’s trial experience, he has successfully tried more than 40 cases to verdict, judgment or award throughout the country —a feat very few trial lawyers in Miami or New York have accomplished. His trial and appellate practice has taken him to courts and arbitration hearing rooms throughout the country, including in New York, Chicago, Nevada, Northern California, Salt Lake City, Delaware, and Miami, including in FINRA arbitrations. Further demonstrating that his counseling and risk assessment skills go beyond the courtroom and boardroom, he has also successfully negotiated settlements in 100s of cases to accomplish his client’s business objectives.
Mr. Popok also represents executives, including officers and directors, and companies in regulatory and investigatory matters, including those led by the Securities and Exchange Commission (SEC), and SROs like FINRA.
Mr. Popok began his career and litigation and white-collar defense at Skadden Arps and Sidley Austin in New York.
NEW YORK REPRESENTATIVE MATTERS
-
Representing hedge fund in executive compensation matters.
-
Representing Agricultural products company against private equity fund for breach of contract and fiduciary duty in New York State Supreme Court.
-
Representing co-founder of a Las Vegas gaming business in a Delaware case regarding deprivation of [shareholder] rights.
-
Representing generative AI company in products liability dispute.
-
Representing patent owner and inventor in professional malpractice suit.
-
Representing AI technology company against celebrity investor for breach of contract.
-
Representing celebrity radio personality against SiriusXM under California’s right of privacy laws.
-
Representing sports psychologist for retaliation under Title IX against major university.
-
Representing company in a sports venue joint venture with FC Barcelona against landlord for breach of long-term ground lease.
-
Representing former head of equities for major financial services company for wrongful termination in FINRA arbitration.
-
Representing former head of trading for hedge fund in employment discrimination and separation issues.
-
Represented former hedge fund head of IT in employment separation matter.
-
Representing co-head of equities for major financial services company re: SEC and compliance issues.
-
Representing former head of marketing and branding in pregnancy discrimination case against private equity firm.
-
Representing former talent agent and #metoo plaintiff against Hollywood agency for sexual discrimination, harassment and assault in California Superior Court.
LITIGATION, ARBITRATION (INCLUDING FINRA) AND TRIAL WORK
Mr. Popok focuses his national trial practice in the areas of high-stakes commercial/business dispute litigation (including those involving gaming, family offices and partnerships, real estate, construction, and private equity and hedge funds); class action matters; health care litigation, business tort disputes, employment litigation and counseling (including discrimination, harassment and retaliation, and restrictive covenants); financial services litigation and arbitration (including in FINRA) including in the areas of cryptocurrency and venture capital); real estate/construction litigation (including commission disputes); and “white collar” regulatory, enforcement and investigations. He has been regularly chosen by his peers as a Best Lawyer in the areas of litigation.
OUTSIDE GENERAL COUNSEL SERVICES
Mr. Popok, relying on his experience as former in-house counsel, offers outside general counsel services, including litigation risk management, for companies without an in-house legal team, or in transition, including those in restructuring or in a start-up phase. In that role, he not only seamlessly serves as the real-time, as needed, law department for the company, but also proactively manage the company’s risk, and function as a key business advisor and tactician. His body of work allows him to provide guidance concerning corporate governance, compliance, transactions, regulatory issues, investigations, labor and employment issues, and litigation.
LOCAL COUNSEL SERVICES FOR NEW YORK FIRMS LITIGATING OR ARBITRATING IN SOUTH FLORIDA
Mr. Popok has a unique skill set that makes him a nice fit for New York firms looking for experienced, connected and successful local trial counsel in South Florida. Having been a leader in the South Florida legal community before “going in house”, Michael continues to have deep roots in South Florida and is a respected addition to any litigation team that finds itself in the State or Federal courts of South Florida.
KEY REPORTED DECISIONS
-
Gross v. GFI Group, 310 F. Supp.3d 384 (S.D.N.Y. 2018)
-
Findling v. Bisaria, 2012 WL 3835079 (S.D. Fla. Sep. 4, 2012)
-
City of Aventura v. Masone, 89 So. 3d 233 (Fla. 3rd DCA 2011)
-
City of Hollywood v. Witt, 863 So. 2d 1214 (Fla. 4th DCA 2003)
-
Pernas v. TMM Lines, 980 So. 2d 506 (Fla. 3d DCA 2008)
-
Perez-Gurri v. Village of Key Biscayne, 41 So. 2d 228 (Fla. 3d DCA 2010)
-
Addison v. City of Tampa, 33 So. 2d 742 (Fla. 2d DCA 2010)
-
Bloch-Mullen v. Bal Harbour Village, 23 So. 2d 725 (Fla. 2d DCA 2009)
-
Mancini Enterp. v. American Express, 236 FRD 695 (S.D. Fla. 2006)
-
Redland Estates v. Lynn, 920 So. 2d 1218 (Fla. 3d DCA 2006)
-
City of Hollywood v. Diamond, 955 So. 2d 87 (Fla. 4th DCA 2004)
-
Reuter Recycling v. City of Pompano, 859 So. 2d 1271 (Fla. 4th DCA 2003)
-
Sherman v. Bell Atlantic, 43 U.S. P.Q. 2d 1024 (S.D.N.Y. 1996)
-
Dean Witter v. Selectronics, 594 N.Y.S.2d 174 (NY 1st Dept. 1993)
AWARDS & PROFESSIONAL RECOGNITION
-
Co-Dealmaker of the Year, Real Estate Litigation, Miami Daily Business Review (2015)
-
Best Lawyers, Commercial Litigation (2012-2015)
-
Leading Lawyers, Business Litigation, South Florida Business Journal (2009-2015)
-
Florida SuperLawyers, (2010-2015)
-
Best Article Award, Florida Bar Journal, “Managed Care 101,” with Daniel N. Burton, Vol. 72, No. 4, April 1998, p. 26.
SELECT MEDIA MENTIONS
-
Former Disney star Ricky Garcia sues ex-manager for sexual abuse: report, Fox News, 9/12/19
-
Kanye West Sued for Stealing Technology for Yeezy Brand and Sunday Service https://www.tmz.com/2020/08/25/kanye-west-sued-company-technology-sunday-service-millions/
-
Kanye Loses it During Deposition https://radaronline.com/p/kanye-west-heated-depositon-kim-kardashian-divorce-irina-shayk/
-
Judge Dismisses Most of Lawsuit Against Seminole Tribe, CBS Local Miami, 12/23/14
-
Seminole Tribe Ruled Immune from Ad Agency's $250M Suit, Law360, 12/22/14
-
Fla. Tribe Has Sovereign Immunity in Candlebox Suit: Judge, Law360, 9/18/14
-
Weiss Serota Trio Tests New Law in Bulk Condo Sales, Daily Business Review, 8/19/14
-
Coral Gables Claims Land Swap Flouts Zoning Requirements, Law360, 9/13/13
-
Convicted Con Man Scott Rothstein Tells All, Bloomberg, 1/22/12
-
Homestead Says Ballpark Tenant Still Owes Money, Miami Herald, 10/13/12
-
Attorney Rips Rothstein’s Credibility, South Florida Business Journal, 12/27/11
-
Redlight Camera Controversy, CBS4 News Miami interview (video), 7/5/11
AFFILIATIONS
-
New York City Bar Association
-
Dade County Bar Association (former member of the board)
-
Cuban American Bar Association
-
Volunteer Lawyers for the Arts