Special Master

Since 2018, Mr. Borden has served U.S. District Judge Dan Polster in Re National Prescription Opiate Litigation (MDL 2804), which is widely considered the most complex case of its kind in U.S. history. In this capacity, Mr. Borden assists the court in all phases of the litigation, including drafting orders, overseeing discovery, mediating settlements, and advising on a wide range of challenging case-management issues.

Mr. Borden’s extensive work in the opioid litigation has led to his appointment by U.S. District Judge Christopher R. Cooper as Special Master in Fishbeck v. Islamic Republic of Iran (1:17-cv-______). In this litigation, Mr. Borden assists Judge Cooper in adjudicating the claims of hundreds of American service men and women who were injured or killed on the battlefield in Iraq in attacks allegedly sponsored by the Islamic Republic of Iran. To date, plaintiffs have recovered nearly $1 billion in damages in this case. 

In a similar case, Mr. Borden was appointed Special Master in Halabi v. Islamic Republic of Iran (1:22-cv-3190) to assist in the adjudication claims of victims of the 1983 U.S. Embassy bombings in Beirut, Lebanon.

Alternative Dispute Resolution (ADR)
Mediator

Michael Borden mediates complex disputes involving a wide range of legal issues, including mass torts, contracts, business disputes, personal injury, and labor and employment cases. 

Michael has recently been involved in mediating public nuisance cases brought by government entities against defendants in the federal opioid litigation. 

Michael holds a certificate from Harvard Law School’s Program on Negotiation, having completed its premiere intensive course “Mediating Disputes.”

Chief Judge Sara Lioi has appointed Michael to be Chair of the ADR Committee of the Advisory Group for the Northern District of Ohio. In that role, Michael advises the Court on the design and composition of its court-annexed mediation and overall ADR program. 

Arbitrator

Michael is a fellow of the Chartered Institute of Arbitrators.  He serves on the AAA’s commercial panel and has been appointed as arbitrator in over 25 cases.  His experience includes arbitrating cases involving franchise agreements, joint ventures, banking disputes, securities, and telecommunications, among other legal and industry specializations.

Michael successfully completed the International Chamber of Commerce’s year-long Advanced Arbitration Academy, which prepares experienced arbitration professionals for international appointments with the ICC and other institutions. 

Michael currently serves as co-chair of the ABA Dispute Resolution Section Arbitration Committee.

Expert Witness

Mr. Borden has served as an expert witness in cases involving intra-corporate and shareholder disputes, contracts, real property and securities fraud. His academic background and experience as a special master, especially in advising on Daubert rulings, make him an ideal witness in a wide variety of matters.

Law Professor

For more than 20 years, Mr. Borden served as law professor at Cleveland-Marshall College of Law and at Temple University School of Law, where he taught Contracts, Corporations, Mergers and Acquisitions, and other similar courses. Among the highlights of his academic career were his numerous teaching awards, and his appointment to serve as associate dean of the Cleveland-Marshall College of Law.

Law Firm Experience

From 1998 to 2001, Mr. Borden practiced law with LeBoeuf, Lamb, Greene & MacRae, LLP in its New York and Paris offices, where he represented clients in the energy, biotech, and insurance sectors on a variety of transactional and securities matters. 

Legal Education

Mr. Borden earned his bachelor’s degree from Pennsylvania State University, a law degree from New York University and an LL.M. from New York University.

Associations and Accolades

• Fellow of the Chartered Institute of Arbitrators (FCIArb)
• Past President – William K. Thomas American Inn of Court
• Board Member – Federal Bar Association, Northern District of Ohio Chapter
• Member – American Law Institute
• Chair – Alternative Dispute Resolutions Committee of Northern District of Ohio Advisory Group
• American Bar Association – Co-Chair, Dispute Resolution Section Arbitration Committee
• University Distinguished Faculty Award
• Faculty Member of the Year award
• Wilson G. Stapleton Award for Faculty Excellence