Special Master

Since 2018, Michael Borden has served as Assistant to U.S. District Judge Dan Polster in MDL 2804  – In re National Prescription Opiate Litigation, which is widely considered the most complex case of its kind in U.S. history. In this capacity, Michael 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.

Michael’s extensive work in the opioid litigation led to his appointment by U.S. District Judge Christopher R. Cooper as Special Master in Fishbeck v. Islamic Republic of Iran (1:18-cv-2248). In this litigation, Michael 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 or its instrumentalities.

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

Mediator

Michael mediates complex disputes across a broad spectrum of legal issues, including mass torts, contracts, business disputes, personal injury, and labor and employment.  Michael has recently mediated public nuisance cases brought by government entities against numerous defendants in the federal opioid litigation.

Michael holds a certificate from Harvard Law School’s Program on Negotiation, having completed its premiere 40-hour intensive course “Mediating Disputes.” He has also completed the American Arbitration Association’s 40-hour mediation training.

In 2022, Chief Judge Patricia Gaughan 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 Judges of the Northern District on the design and composition of the Court’s ADR and mediation 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 30 cases. His experience includes arbitrating cases involving franchise agreements, joint ventures, banking disputes, securities, and telecommunications, among other legal and industry specializations.

Michael is a graduate of the International Chamber of Commerce’s 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’s Arbitration Committee.

Expert Witness

Michael 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 expert witness or consultant in a wide variety of matters.

Law Professor

For more than 20 years, Michael served as a law professor at Cleveland-Marshall College of
Law and 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, Michael 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.

Education

Michael earned his JD and LL.M. from New York University School of Law, and his bachelor’s degree in English from Pennsylvania State University.

Associations and Accolades

• Fellow of the Chartered Institute of Arbitrators (FCIArb)
• Chair – Alternative Dispute Resolution Committee of the Northern District of Ohio
  Advisory Group
• Co-Chair – American Bar Association, Dispute Resolution Section, Arbitration Committee
• Board Member – Federal Bar Association, Northern District of Ohio Chapter
• Past President – William K. Thomas American Inn of Court
• Member – American Law Institute
• University Distinguished Faculty Award – Cleveland State University, 2016
• Faculty Member of the Year Award – Cleveland-Marshall College of Law, 2013, 2016
• Wilson G. Stapleton Award for Faculty Excellence – Cleveland-Marshall College of Law
  2017.