Michael B. Silverstein

Overview

Michael is many things: an obsessive nerd, a former theatre kid, and a genuine person. As a trial and appellate litigator, he brings all of this to the table in the world of high-stakes, bet-the-company litigation.

Obsessive Nerd: Michael homes in on what cases are truly about. Every case is an intellectual problem, and he lives it until it’s solved. This obsession lets him take cases that some might think are dead in the water and transform them into winners for his clients through unique arguments and tactics.

Michael has proved this time and time again in his career. He did it when winning a significant class-certification victory in a unique competitor-based false-advertising case seeking hundreds of millions of dollars in damages. Michael crafted summary-judgment arguments on a rarely interpreted state statute that won the case on the eve of trial. And he’s used summary-judgment briefing to flip cases of alleged willful copyright infringement on their head to leverage favorable settlement.

Former Theatre Kid: Before becoming an attorney, Michael harbored hopes of working in theatre. He still bears the scars from those days in the form of a still-shattered thumbnail from breaking his thumb during a sword fight (ask him about it). But he takes these theatre skills and applies them to the standup components of advocacy.

Whether Michael is arguing in trial and appellate courts, or deposing witnesses and plaintiffs, he brings an engaging, atypical-for-a-lawyer energy to arguments and examinations. This style cuts out the legalese so that he can get down to brass tacks with the Court and the witnesses.

A Genuine Person: What separates Michael is not just his accomplishments, but his style and his values. The legal world is full of over-the-top, unnecessary formalism. He rejects these archaic notions as incompatible with the modern world and modern problems clients face.

Michael also lets this guide his values. He maintains an active pro bono practice. As a member of the Sixth Circuit’s CJA Panel, Michael represents individuals who cannot afford counsel in their criminal and habeas appeals. He has also authored amicus briefs in state Supreme Courts, one of which convinced the Ohio Supreme Court to rectify issues in its postconviction proceedings under constitutional standards.*

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At bottom, Michael works tirelessly for his clients using all his unique skills to win.

*Matter completed prior to joining Benesch.