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New Hampshire Joins Data Protection Trend, Passes Comprehensive Data Protection Law
  1. People

Michael B. Silverstein

He / Him / His

Senior Managing Associate
Columbus
T.
614.223.9362
liamE

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 his 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.*

***

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

*Matter completed prior to joining Benesch.

Representative Experience

  • As special counsel to the Ohio Attorney General, and lead private counsel for Ohio University, won a complete defense victory for Ohio University in a case stemming from the death of a student at an off-campus property.  Set statewide precedent regarding statutory duties, as well as wrongful death and negligence claims owed by schools and universities.
  • Defeated class certification and prevailed on Daubert arguments dismissing the opinions of class plaintiffs’ damages and consumer survey experts, successfully arguing on behalf of telehealth company that plaintiffs' claims involved too many individualized questions regarding injury and damages, rendering class treatment inappropriate.

  • Represents former officers and executives of teledentistry company in multiple securities cases and mass consumer arbitrations.
  • Represented company accused of willful copyright infringement and obtained favorable settlement after summary judgment briefing.
  • Secured dismissal with prejudice of  action accusing client of fraud and breaches of fiduciary duties allegedly owed through shared investment in real estate development project.
  • Authored amicus brief before Ohio Supreme Court that convinced it to lower burden for post-conviction proceedings based on Brady claims.*
  • Litigation
  • Appellate Litigation
  • Consumer Protection & Class Actions
  • Contract, Business, Commercial & Consumer Disputes
  • False Advertising & Unfair Competition
  • Commercial Litigation & Disputes
  • Case Western Reserve University School of Law, 2018, J.D.
    • summa cum laude
    • Order of the Coif
    • CALI Award for Highest Grade in Contracts, Legislation & Regulation, Constitutional Law, International Law, Legal Writing III, Civil Rights, and Criminal Procedure I
    • Symposium Editor, Case Western Reserve Law Review, Volume 68
  • University of Pennsylvania, 2012, B.A. in Political Science
    • cum laude
  • Ohio
  • U.S. District Court for the Southern District of Ohio
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Northern District of Ohio
  • Listed, Ohio Super Lawyers - Rising Stars, 2025
Articles and Presentations
May 17, 2024
Michael D. Meuti and Michael B. Silverstein publishes article in Federal Bar Association Spring 2024 Newsletter | "Hidden in Plain Sight: A Tactic to Frontload Factual Defenses"
May 17, 2024
“Stay Awhile”: Supreme Court Tells District Courts Not to Dismiss Claims Pending Arbitration
May 17, 2023
Preserving Privilege: A Guide for In-House Counsel on Establishing & Maintaining Privilege | Michael B. Silverstein, Noelle B. Torrice

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News
December 17, 2024
49 Benesch Attorneys Selected to 2025 Ohio Super Lawyers and Rising Stars
February 15, 2024
David A. Rammelt, Nicholas J. Secco, Michael D. Meuti, Andrew G. Fiorella, James R. Bedell and Michael B. Silverstein mentioned in Law360 | "Dentists Can't Get Class Certification In SmileDirectClub Suit"
June 6, 2023
Silverstein and Meuti File Petition for Writ of Certiorari in Supreme Court

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