Michael A. Epstein


Michael A. Epstein
Michael Epstein is the head of the Firm’s Technology and IP Transactions practice and is based in the New York office. His practice involves transactions, litigation and counseling in all areas of intellectual property. His transactional work includes structuring and negotiating technology and intellectual property acquisitions and dispositions, technology transfer and licensing arrangements, outsourcing transactions, and joint ventures and other targeted alliances. He also has extensive experience with respect to commercial transactions such as supply and sourcing agreements, distribution and other marketing agreements, and services agreements, among others. He has extensive intellectual property litigation experience as well, including handling technology-related disputes and litigations involving non-­compete agreements and false advertising.

Selected Transactional Experience

  • Avista in its acquisition of ZEST Anchors, Inc.
  • Cascade Environmental Holdings, LLC (a portfolio company of Snow Phipps Group) in its acquisition of TerraTherm, Inc.
  • Getty Images on the intellectual property, technology and content licensing matters, including in connection with Getty Images’ acquisition of PicScout.
  • Institut Pasteur including, the dispute between Institut Pasteur and the United States Government concerning the rightful discoverer of the AIDS virus and the inventorship of the AIDS diagnostic test, and collaboration agreements between Institut Pasteur and the United States Government concerning AIDS and avian flu.
  • Lantheus Medical Imaging in several matters including its acquisition of products from Epix Pharmaceuticals.
  • L’Oréal USA Inc. in its acquisition of Essie Cosmetics and Urban Decay Cosmetics.
  • McGraw-Hill in the divestiture of its education business.
  • Partners Group Limited in its acquisition of a majority stake in Pacific Bells, Inc. and World Wide Wings, LLC.
  • Pirelli & C. S.p.A. in most major matters involving technology and intellectual property over the past 20 years.
  • Providence Equity Partners its sale of World Endurance Holdings, Inc., operator of the Ironman Triathlon competitions, to Wanda Sports Holdings (USA) Inc.
  • Sanofi in numerous transactions, including its pending $25 billion exchange of Merial, its animal health business, for the consumer healthcare business of Boehringer Ingelheim GmbH, its $125 million investment in Warp Drive Bio and its acquisitions of Pluromed, Inc., Genzyme Corporation, and Chattem, Inc.
  • Signet Jewelers Limited in its approximately $1.4 billion acquisition of Zale Corporation, and in its $625 million sale of convertible preferred shares to Leonard Green & Partners, the proceeds from which will be used to fund a repurchase of up to $625 million in Signet common stock.
  • Thomas H. Lee Partners in its acquisition of 1-800 CONTACTS and Systems Maintenance Services.
  • The Walt Disney Company on intellectual property aspects of its $4 billion acquisition of Marvel Entertainment.
  • VIVUS, Inc. in a licensing and supply arrangement with Metuchen Pharmaceuticals LLC

Mr. Epstein is active in community, philanthropic and public service matters. He has served on advisory panels to Congress and to the National Academy of Sciences, Institute of Medicine on intellectual property matters. He is a Trustee of the North Shore – LIJ Health System, the Feinstein Institute for Medical Research, Jewish Board of Family and Children’s Services and the Jonas Salk Foundation. He is a member of the Dean’s Advisory Council, College of Arts & Sciences, Lehigh University.

Mr. Epstein is the author of the treatises, Epstein on Intellectual Property and Modern Intellectual Property, a co-author of Online – Internet Law, International Intellectual Property, and a co-editor of Drafting License Agreements, The Corporate Counsellor’s Deskbook, The Departing Employee, Doing Business in Eastern Europe, Biotechnology Law, The Trademark Law Revision Act, Joint Ventures and Other Cooperative Business Arrangements, and Trade Secrets, Restrictive Covenants and Other Safeguards. He is the author of more than sixty articles on intellectual property law as well. He has lectured all over the world on intellectual property matters, including on such topics as trade secrets, biotechnology law, computer law, e-commerce, unfair competition, outsourcing, trademark law, licensing and non-compete agreements. Mr. Epstein is a founder and co-editor of Intellectual Property & Technology Law Journal; and a member of the Editorial Boards of Computer Lawyer, Intellectual Property Strategist, and Cyberspace Lawyer.

Mr. Epstein is consistently recognized as a leading lawyer for Technology & Outsourcing in Chambers USA and has been “praised for his outstanding ability in litigation and licensing, outsourcing and strategic alliance transactions.” He is also named a leading lawyer by Legal 500 US in both Patents: Portfolio Management and Licensing and Technology: Transactions, and is recommended in Technology: Outsourcing. He is ranked as an “IP Star” for Licensing and Counseling by Managing Intellectual Property’s IP Stars and recognized by IAM Patent 1000, where he has been praised for being “not like your typical external service provider – he acts like he’s in-house and provides extremely close support. In negotiations, he’s reasonable yet tough, and he really pushes to reach your objectives.” He is also named a “Best Lawyer” for Technology Law in New York by Best Lawyers in America and recognized for Intellectual Property by Super Lawyers.

Mr. Epstein is a member of the American Bar Association: Litigation Section; Intellectual Property Law Section; and Section on Business Law and a member of the New York State Bar Association: Intellectual Property Law Section.

Mr. Epstein is a member of the Firm’s Corporate Leadership Team and has been a member of the Firm’s Management Committee.

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