Michael J. Hutter

Michael J. Hutter: Attorney with Powers & Santola, LLP AV stamp icon
  • Special Counsel at Powers & Santola, LLP
  • 100 Great Oaks Blvd, Suite 123, Albany, NY 12203
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Michael J. Hutter is Special Counsel to Powers & Santola, LLP. As Special Counsel, he handles the firm’s appellate works. He not only handles appeals with respect to the firm’s clients, but also handles appeals for non-firm clients who retain him. As to the latter, he has been retained by organizations, corporations, government officials, including judges and individuals on a wide range of matters that require an appellate specialist.

Michael has argued appeals in the New York State Court of Appeals, and all four Departments of New York’s Appellate Division, the United States Court of Appeals for the Second Circuit, and the United States Court of Appeals for the Federal Circuit. He has argued over 400 appeals, which appeals have covered a wide range of subject matter, including Labor Law, No-Fault Law, Negligence, Criminal Law, Matrimonial Law, civil rights claims, State Constitutional Law and unfair competition claims. Since 2015, he has been named in the Best Lawyers New York edition in the area of appellate practice.

Michael is also an honors graduate of Brown University, receiving scholarships during his four years of matriculation, and Boston College Law School. In law school he was the Editor-In-Chief of Boston College’s law review (Annual Survey), and was elected to the Order of the Coif. After graduation, Professor Hutter served as law clerk to Judge Matthew J. Jasen, an Associate Judge of the New York Court of Appeals.

Michael is also a Professor of Law at Albany Law School, where he has been a member of the faculty since 1976. Professor Hutter’s teaching areas include Evidence, NY Practice, Federal Jurisdiction and Procedure, Conflict of Laws and Trade Regulation. He is a recipient of teaching awards from Western New England Law School and Albany Law School, New York State Academy of Trial Lawyers, Capital District Trial Lawyers Association, and the Suffolk County Bar Association. His scholarship has been cited by many courts, including the First Circuit Court of Appeals, Fourth Circuit Court of Appeals, Illinois Appellate Court, Massachusetts Supreme Judicial Court, South Dakota Supreme Court, Wisconsin Supreme Court and the Appellate Division of the State of New York, and by numerous academic commentators.

Professor Hutter is a recognized expert in the area of Evidence. He has served as an educator to the New York State Court System, invited by the New York State Office of Court Administration, and its Judicial Institute, to teach evidence and discuss evidence developments at its annual seminars for Justices and Judges throughout the state, as well as seminars for law clerks and court attorneys. Recently, he was appointed by the Chief Judge of the State of New York to act as the Reporter to a Special Committee, composed of sitting and retired judges,

charged with compiling a guide to New York’s existing law of evidence that will be readily available to judges, lawyers and the public. Professor Hutter is also the Evidence columnist for the New York Law Journal, publishing a bi-monthly article discussing recent New York evidence cases decided by the courts.

Michael has also been active in service to the legal profession. He has served as President of the Albany County Bar Association, elected by the Association’s membership. Additionally, Professor Hutter has served by appointments of the Chief Judge of the State of New York, Presiding Justice of the Appellate Division, Third Department, three governors, legislative leaders, and New York State Bar Association Presidents on statewide public service commissions and study groups. Included in those appointments are Executive Director of the New York State Law Revision Commission and a Commissioner on the Commission, Director and Chair of the of the Capital Defender, member of the Commission on Judicial Nomination (selection of candidates for the Court of Appeals, member of the Third Judicial Department Screening Committee, member of the New York State Continuing Legal Education Board, and the NYSBA Committees on Courts of Appellate Jurisdiction and Civil Practice Law and Rules.

In 1999, Michael was one of seven persons recommended by the State Commission on Judicial Nomination to Governor Pataki for the position of Associate Judge, New York State Court of Appeals. He was rated highly qualified for the position by the New York State Bar Association, New York State Trial Lawyers Association, and the Association of the Bar of the City of New York.

Order of the Coif. Editor-in-Chief, Boston College Law Review (Annual Survey), 1970. Law Clerk to Judge Matthew J. Jasen, New York Court of Appeals, 1970-1972. Recipient: Student Award, Friend of the Class of 1995, Albany Law School; Alumni Award, Distinguished Service, Albany Law School, 1996; Outstanding Professor of the Year, Western New England College of Law, 1976. Editor in Chief, Business Torts Newsletter, 1981-1986; Contributing Editor, Automobile Liability Newsletter, 1991-1997. PUBLISHED WORKS: "Monopolies and Mergers: Cases and Materials," 1980; Expert Testimony: Cases and Materials, 2003; Model Jury Charges in Business Torts Cases (Editor-in-Chief), ABA, 1981; Business Torts Volume in Actions & Proceedings, Callaghan Publishing, 1985; New York Civil Practice (Contributing Author, Weinstein, Koen & Miller), Matthew Bender, 1983-1991; New Your Litigation Forms (Editor), 1995; Emerging Problems Under the Federal Rules of Evidence (Contributing Author), ABA, 1998; "Conducting the Hearing," and "Evidence," Chapters (Contributing Author), Manual for Administrative Law Judges, GLC/OER, 2002; "Dirty Tricks," and Section One of Sherman Act: Federalizing State Unfair Competition Law, 18 B.C. Ind. & Com. L. Rev. 239, 1977; Kelly vs. Johnson and Tonsorial Tastes: The Death Knell of Substantive Due Process, 41 Alb. L. Rev. 411, 1977; Trade Secret Misappropriations: A Lawyer's Practical Guide to the Case Law, 1 West, New England L. Rev. 1 (Reprinted in 1979 Corporate Counsel Annual Review), 1978; Pursuit of an Ex-Employee Who Misappropriates Trade Secrets: Pre-Trial Considerations, Vol 6, Litigation, Spring, 1980; Drafting Enforceable Employee Non-Competition Agreements to Protect Confidential Business Information: A Lawyer's Practical Approach to the Case Law, 45 Alb. L. Rev. 311 (Reprinted in 1981 Intellectual Property Law Review), 1981; Remedies in Trade Secret Cases, Protecting Trade Secrets, PLI, 1982; Covenants Not to Compete, 4 Legal Notes Viewpoints Quarterly 73, 1983; Trade Secrets: Legal Theories, Protecting Trade Secrets, PLI, 1986; Recovery of Attorneys Fees In Trade Secrets Cases, 1 Trade Secrets Reporter 288, 1986; Trade Secrets, PLI, 1992; Municipality Standing to Sue, footnotes, March, 1993; Hearsay: Principal Exceptions, Insurance, Compensation Law Section Digest, Spring, 1993; Evidence, 1994-1995 Survey of New York Law, 46 Syracuse L. Rev. 601, 1995; New York's Public Records Hearsay Exception, Trial Lawyers' Digest, Spring, 1996; Computer Generated Animations, Trial Lawyers' Digest, Winter, 1996; "What Hath Henry Wrought?" Bill of Particulars, March/April, 1999; The Case for Adoption of A Uniform Trade Secrets Act In New York, 10 Alb. L.J. of Science Tech. 1 2000; Evidence, 2000-2001 Survey of New York Law, 52 Syracuse Law Rev. 397, 2002; Tyrell v. Wal-Mart: Admissibility of Employee Statements, Bill of Particulars, June/July, 2002; Toure v. Avis: the Court of Appeals Giveth and Taketh Away, Bill of Particulars, December/January 2002/2003; Johnson v. Lutz: Admissibility of Statements in Police Accident Reports, Bill of Particulars; Evidence, 2001-2002 Survey of New York Law, 53 Syracuse C. Rev.; No-Fault Law Update, Decisions (Trial Lawyer Institute), 1991—; Administrative Rulemaking: Revisiting SAPA, Government Law Center, February, 1993; Labor Law 240(1) Revisited, Government Law Center, December, 1997; No Fault Law: Serious Injury Threshold, 2002; Book Review, Noel an Phillips: Products Liability: Cases and Materials (Co-Author with Maleski), 65 Geo. L.J. 865, 1977. CLASSES/SEMINARS: Assistant Professor, Antitrust, Unfair Trade Practices, Regulated Industries, Evidence, Federal Jurisdiction, Intellectual Property, Albany Law School, 1976-1977; Associate Professor, Antitrust, Unfair Trade Practices, Regulated Industries, Evidence, Federal Jurisdiction, Intellectual Property, Albany Law School, 1977-1986; Instructor, Trial Tactics and Methods, State of New York at Albany Law School, 1979-1987; Visiting Professor, Antitrust, Institute of Administration and Management, Union University, Schenectady, New York, 1982-1984; Assistant Professor of Law, Antitrust, Unfair Trade Practices, Business Associations, Judicial Administration, Western New England College School of Law, Springfield, MA., 1974-1976; "Ethics for ALI's," Unemployment Compensation Law Judges' Program, April 25, 2002; "Updating Expert Testimony," Federated Bar Council Annual Meeting, April 28, 2002; "No-Fault Law Update," Nassau County Academy of Law Insurance Law Program, May 6, 2002; "Frye and Daubert," NYSBA CLE Program, May 10, 2002; "Evidence Update," Albany County Bar Association, May 15, 2002; "Preparation of Evidence," GLC PWSP Program, May 31, 2002; "Recurring Evidentiary Concerns," Association of the Bar of the City of New York, June 4, 2002; "Presenting Expert Testimony," GLC PWSP Program, June 21, 2002; "Frye in New York," OCA Judges' Program, Albany, New York, July 15, 2002; "Frye in New York," OCA Judges' Program, New York City, July 22, 2002; "Expert Testimony in New York: Trends and Developments," National Law CLE Program, New York City, July 30, 2002. Special Prosecutor, Columbia County, 1998-2001; Albany County, 1991-1997. New York State Law Revision Committee, Executive Director, 1979-1984. Albany Law School, Member: Government Law Center Advisory Board; Chair, Diversity Committee; Chair, CLE Committee; Faculty Advisor, National Moot Court Competition Team; Faculty Advisor, Patent/Unfair Trade Moot Court Team; Member, Admissions Committee; Secretary, Dean Search Committee. Western New England College School of Law: Chairman, Placement Committee; Governance Committee; Admissions Committee; Advisor, Patent/Moot Court Team. Office of the Capital Defender, Director, 2001—. Member, New York State Law Revision Commission, 1997—. Capital District Region Off-Track Betting Corporation, 1998—, Counsel to the Board of Directors. Counsel, Third Department Judicial Screening Committee. Third Judicial District, 1991—, Chair, Albany County Gender Bias Committee.

State Bar Foundation, New York State Bar Association.

Areas of Practice (1)

  • Appellate Practice

Education & Credentials

Contact Information:
518-650-1633  Phone
315-308-1020  Phone
866-986-8535  Phone
518-426-4012  Fax
University Attended:
Brown University, A.B., Classics, with high honors, Dean’s List, Honors Program, Honors Thesis: Satires of Horace, Class Council, Alumni Representative, 1967
Law School Attended:
Boston College Law School, J.D., with honors, Rank: 8/140, Order of the Coif, Dean’s List, Boston College Law Review, Editor in Chief, Annual Survey, 1970
Year of First Admission:
1971, New York
Albany County (Member, Board of Directors, 1986-1989), New York State (Member, Section on, Antitrust Law and Trial Lawyers; Chairman, Appellate Practice Committee, 1989-1994; Chairman, Legal Affairs Committee; Intellectual Property Section, Member, Executive Committee; Co-Chairman, Trade Secrets Committee, 1995-1999; Chair, Special Committee to Study the Proposed Code of Evidence; Task Force on Administrative Adjudication, 1987-1989, Chair, Department of Health Subcommittee) and American (Member, Sections on: Antitrust (Business Torts and Unfair Competition Committee); Patent, Trademark and Copyright Law; Litigation; Trade Secrets Committee; Chairman, Business Torts Litigation Committee); American Intellectual Property Law Association (Co-Chair, Trade Secrets Committee, 1996-1999); American Law Institute (Member, Advisory Committee, Restatement of Unfair Trial Practices; Advisory Committee, 1995-1999; Member, Reinstatement of Torts (3rd: Apportionment of Liability).
Birth Information:
Camp LeJeune, North Carolina, September 25, 1945
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Albany, New York

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