Sanchez Fischer Levine, LLP

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Michael P. De Simone

Meet Our Attorneys

Michael P. De Simone

Michael P. De Simone

Senior Counsel

Michael P. De Simone is a litigator with a broad range of complex commercial litigation experience. Michael is lead counsel in class action defense, commercial disputes and in arbitration proceedings. Michael also defends Telephone Consumer Protection Act (“TCPA”) claims and advises clients regarding related compliance matters. Michael practiced in state and federal courts in New York for more than two decades before becoming admitted to the Florida bar.

Practice Areas

  • Accountant/Auditor Defense
  • Class Action Defense
  • Complex Commercial Litigation
  • Consumer Litigation Defense
  • Data Breach Litigation
  • Real Property Litigation
  • Shareholder/Corporate Control Disputes
  • TCPA Litigation

Education

Cornell Law School

  • Articles Editor, Cornell International Law Journal

New York University

  • A., Journalism

Admissions

  • Florida
  • New York
  • United States District Court, Southern District of Florida
  • United States District Court, Middle District of Florida
  • United States District Court, Northern District of Florida
  • United States District Court, Southern District of New York
  • United States District Court, Eastern District of New York
  • United States Court of Appeals for the Second Circuit

Perspective

Overview

Michael is a litigator with broad experience over a thirty -year career that includes practice with one of the top national law firms (an AmLaw 10 firm), the in-house legal department of a Big 4 accounting firm, and two AmLaw ranked national law firms.

Over his career, Michael has represented both plaintiffs and defendants in complex commercial litigations in state and federal courts in Florida and New York. Since commencing the representation of mortgage servicers more than one decade ago, TCPA defense has been a significant element of Michael’s practice. While in-house with a mortgage servicer, Michael was responsible for the management of TCPA actions. Michael continued this area of practice upon resuming private practice and has become the “go-to” lawyer for a client whenever it is alleged to have violated the TCPA. Michael also advises his clients regarding compliance with the TCPA and related telemarketing compliance.

Michael has represented clients in defense of putative class action litigations alleging: violations of the federal antitrust laws, data breaches and violations of the Telephone Consumer Protection Act.

  • Represented a consortium of banks in a civil RICO, fraud and conversion action arising out of a revolving credit facility to finance the operations of an oil refinery.
  • Counseled merger partners subject to federal antitrust review, securing approval of the Federal Trade Commission for those mergers.
  • Defended audits of a Big 4 accounting firm in arbitration, as in-house counsel.
  • Prosecuted a fraud and conversion action against the officers of a privately-owned mortgage lender.
  • Arbitrated claim of agent to recover $1.3 million in commissions owed by health insurance company.
  • Represented a corporate executive in defense of former employer’s allegations of a non-compete agreement.
  • Prosecuted a shareholder rights dispute in a closely-held corporation to establish client’s part-ownership of corporation.
  • Represented consumer products company in defense of TCPA class actions.
  • Advising clients regarding compliance with the TCPA and telemarketing regulations.
  • Prosecuted breach of contract claim against defaulting purchaser of technology company’s products.
  • Successfully challenged Monroe County’s interpretation of its Land Development Code, enabling clients to rent their properties to vacation renters.
  • Represented crypto currency mining facility in defense of alleged breach of hosting agreement.

Michael practiced law in New York for twenty-two years prior to being admitted to the Florida bar and practices in both jurisdictions.