Michael R. Nelson

Michael R. Nelson: Attorney with Eversheds Sutherland (US) LLP AV stamp icon
  • Partner at Eversheds Sutherland (US) LLP (430 Attorneys)
  • Grace Building, 1114 Avenue of the Americas, 40th Floor, New York, NY 10036-7703
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Attorney Awards

Biography

Mike Nelson represents publicly traded companies and privately held corporations in complex business litigation and regulatory matters in a variety of different industries. Mike’s litigation experience includes class action defense, multidistrict litigation, jury and bench trials, and appellate arguments. He has litigated matters in virtually every state. He is licensed in five jurisdictions, is admitted to practice in 12 U.S. District and Circuit Courts and the U.S. Supreme Court, and is currently litigating matters filed in 20 states.

Mike co-chairs the Eversheds Sutherland (US) Class Action Team (CAT) and leads a team of 38 lawyers across the US serving clients globally.

Mike’s legal practice is at the intersection of commercial litigation and regulation. He has vast knowledge in the insurance and automotive industries. Because Mike solves problems for clients who need his experience and strategic thinking, his clients engage him and his team on matters that involve litigation threats, regulatory challenges and projects involving new business practices. For example, Mike has experience in areas such as connected and automated vehicles, which are a growing concern for OEMs, tier 1 suppliers, distributors and insurers alike. He helps future proof his clients' business practices in areas where technology is outpacing the evolution of the law. Mike is a sought-after speaker on regulation modernization regarding insurance, automotive, transportation, manufacturing and data transmission.

Fundamentally, Mike is a seasoned litigator in complex litigation, especially in the class action forum. He has testified several times before the Federal Court’s Standing Committee on Rules of Practice and Procedure and was invited to participate in the Federal Court Rules Advisory Committee Judicial Conference on E-discovery (Fordham University, 2006). He testified on pleading standards in the wake of Twombly/Iqbal (Duke University, 2010) and recently testified before the Federal Court’s Standing Committee on Rules of Practice and Procedure on January 4, 2017, regarding proposed rule reforms relating to class action litigation.

Mike began his career as a lawyer at the age of 34, after attending a four-year law school program in the evening while simultaneously working full time as a regional manager for MetLife. During that time, Mike and his wife began raising their two sons, one of whom works in the insurance industry and the other as a lawyer in financial services.

Client Tools

•Up to Speed Blog

Awards and Rankings

Recognized as a stand-out lawyer by Acritas Stars: Independently Rated Lawyers (2018)

Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of insurance: dispute resolution: insurer (2017)

Selected for inclusion in New York Super Lawyers (2006-2007, 2013-2018)

Recognized by The Legal 500 United States in the area of dispute resolution - general commercial (2016)

Experience

Counseled Progressive Casualty Insurance Corp. and related entities in 18 antitrust actions and a RICO class action consolidated in an MDL proceeding in Florida alleging a conspiracy among insurance companies relating to automobile repair labor rates.
Represented Progressive Casualty Insurance Co. and Progressive Direct Insurance Co. in a class action alleging unfair business practices under Connecticut's Unfair Trade Practices Act (CUTPA/CUSPA), tortious interference and unjust enrichment.
Represents GEICO and a GEICO executive in an action alleging Bivens/Section 1983 and various other claims relating to the Plaintiff's alleged improper criminal indictment.
Represents PCI in a constitutional challenge to current Rhode Island insurance regulations.
Defends a property and casualty auto insurance carrier in three similar cases in Missouri, Georgia and Tennessee state courts against claims that it sold illusory insurance coverage.

Publications

Legal Alerts

Legal Alert: The floodgates open - Illinois Supreme Court issues landmark ruling in biometrics case (January 28, 2019)
In a unanimous decision handed down on January 25, 2019, the Illinois Supreme Court reversed a lower court opinion and held that a plaintiff need not show actual harm to seek relief under the ...

Legal Alert: The impact of Langan v. Johnson & Johnson on nationwide class actions (August 15, 2018)
The US Court of Appeals for the Second Circuit recently closed the door on a potential argument for defendants fighting multi-state class certification. In Langan v. Johnson & Johnson Consumer ...

The Final Rule: Next Steps After Vacatur (April 5, 2018)
The nationwide vacatur of the Department of Labor “investment advice” fiduciary definition and related exemptions by the US Court of Appeals for the Fifth Circuit on March 15, 2018, does not bring an ...

The Final Rule: DOL Fiduciary Rule Affirmed and Revoked (March 21, 2018)
During the week of March 12, two federal appeals courts separately upheld and vacated the DOL fiduciary rule under the Administrative Procedure Act, and DOL suspended enforcement of the rule pending ...

Legal Alert: Nationwide class actions: dangling on a precipice? (February 8, 2018)
An unexpected decision from the US Court of Appeals for the Ninth Circuit has raised questions about the viability of nationwide class action settlements. What appeared to be a wrapped-up settlement ...

Legal Alert: NAIC Report: 2017 Fall National Meeting (December 22, 2017)
The National Association of Insurance Commissioners (NAIC) held its 2017 Fall National Meeting from December 2 through December 4 in Honolulu, Hawaii. Despite the exotic locale, the Fall National ...

The Final Rule: Considerations and Analysis of the DOL’s 18-Month Transition Period Extension (November 29, 2017)
By a notice published in the Federal Register on November 29, 2017, the Department of Labor extended from January 1, 2018, until July 1, 2019, the date for compliance with the full conditions in its ...

Legal Alert: NHTSA Releases New Automated Vehicle Policy (September 15, 2017)
The US Department of Transportation (DOT) and the National Highway Traffic Safety Administration (NHTSA) this week released Automated Driving Systems 2.0: A Vision for Safety. This updated guidance ...

The Final Rule: DOL Proposes to Extend Transition Period until July 1, 2019, and Issues Additional Non-Enforcement Policy for Arbitration Limitations (August 31, 2017)
By a notice published in the Federal Register on August 31, 2017, the Department of Labor proposed to extend from January 1, 2018, until July 1, 2019, the date for compliance with the full conditions ...

Legal Alert: NAIC Report: 2017 Summer National Meeting (August 30, 2017)
The National Association of Insurance Commissioners (NAIC) met in Philadelphia, Pennsylvania for the 2017 Summer National Meeting from August 5-9. Commissioners, staff and interested parties alike ...

Articles

Sticking a Hand in the Internet Cookie Jar (December 2018)
Cybersecurity Law & Strategy
As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. Some pose security risks, like those present in ...

DOT’s New Policy on Automated Vehicles: Why Carriers Need to Act Now (November 30, 2018)
Carrier Management
Any hope that the government would help stall the evolution of automation in the automotive industry is now gone. Earlier this month, the United States Department of Transportation (DOT) released ...

A study abroad: Will Europe adopt the US class action mechanism? (Summer 2018)
Partnering Perspectives
The US system for resolving claims through class action litigation is a global outlier. In their article for the Summer 2018 edition of Partnering Perspectives, Eversheds Sutherland attorneys discuss ...

Balancing Safety and Innovation in Automated Vehicles (September 20, 2017)
Law360
When touting highly automated vehicles (HAVs), original equipment manufacturers (OEMs) frequently cite the safety benefits associated with vehicles capable of driving themselves. In their article ...

A Method to the Madness: Choosing the Best Route to an Autonomous Future (September 2017)
ACC Docket
There is near universal acceptance in the auto industry that the future of the industry is linked to development of autonomous (i.e., self-driving) vehicles. However, what separates truly automated ...

Legislation Could Aid Highly Automated Vehicle Development (August 22, 2017)
Property Casualty360
In their article for Property Casualty360, Eversheds Sutherland (US) attorneys Michael Nelson, Trevor Satnick and Tony Ficarrotta discuss the Safely Ensuring Lives Future Deployment and Research in ...

The Gov’t Wants To Tell Your Car How To Drive Your Car (July 20, 2017)
Law360
Congress has been an observer on the sidelines when it comes to laws related to automated cars - up until now. In their article for Law360, Eversheds Sutherland attorneys Michael Nelson, Trevor ...

Automation’s Impact Across a Wide Range of Industries (June 15, 2017)
Law360
It is becoming clear that the disruptive nature of the autonomous vehicle will extend far beyond the automotive industry. In their article for Law360, Eversheds Sutherland (US) attorneys Michael ...

Artificial Intelligence: Forcing a New Approach on an Age-Old Institution (June 7, 2017)
Thomsen Reuters - Westlaw Journal
To reap the benefits of artificial intelligence and machine learning, we must understand the risks and learn to protect consumers with legal standards that refrain from severely hampering the ...

The Future of Driverless Cars Rests on the Government Taking Initiative (May 12, 2017)
The Hill
Looking toward the future of “driverless technology,” many envision robot cars acting as chauffeurs during the daily commute, allowing passengers to relax or be more productive on their way to work. ...

Newsletters

Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Summer 2018)
We are pleased to present the Summer 2018 edition of Partnering Perspectives, which focuses on a number of developing legal issues as well as offers insight on the value to clients of partnering with ...

Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Winter 2016)
Partnering Perspectives
Sutherland is pleased to present the Winter edition of Partnering Perspectives, which provides insight into a number of developing legal issues that provide thought-provoking analysis of the ...

Presentations

2017 ACC Annual Meeting (October 15-18, 2017)
Eversheds Sutherland is a proud sponsor of the Association of Corporate Counsel’s Annual Meeting, October 15-18, 2017, in Washington, DC. The ACC Annual Meeting is the largest gathering of in-house ...

Transportation Disrupted: Artificial Intelligence in the Driver’s Seat (May 3, 2017)
The automobile, in its current iteration, has been in existence for the better part of a century: four wheels, an engine, a steering wheel and a driver. But, what happens when you take the driver out ...

Webcast: Privilege: A Lawyer’s Best Friend and Biggest Headache (March 23, 2016)
Join Sutherland attorneys Mike Nelson, Kymberly Kochis and Alex Fuchs for a webcast on key issues in the world of privilege. The presentation will cover recent developments as well as best practices ...

Webcast: Science Fiction to Reality: The Future of Automobile Insurance and Transportation Technology (October 13, 2015)
Vehicle technology is advancing at an implausible pace rendering what was previously considered science fiction a reality. These technological advances impact many industries, but none more so than ...

Regulatory Issues in a Global Economy (March 6, 2015)
The Federation of Defense and Corporate Counsel 2015 Winter Meeting

Rising to the Challenge: Adapting to the Regulatory Landscape (November 10, 2014)
Insurance Day Webinar

Global Regulatory Changes and the U.S. Midterm Election Results; Impact and Growth Opportunities for the Bermuda Market (November 6, 2014)
Association of Bermuda Insurers and Reinsurers

Bermuda Market Briefing (November 7, 2013)
Association of Bermuda Insurers and Reinsurers

The Collision You Do Not Want: Mitigating Risks of Vendor Services and Software in Claims and Underwriting (April 30, 2013)
IRES Foundation 20th Annual National School on Market Regulation

News

In the News

A Construction Atty’s Road Map for Automated Vehicles (October 26, 2018)
Law360
Eversheds Sutherland Partner Michael Nelson is quoted in this Law360 article discussing the use of automated vehicles within the construction industry and the safety concerns autonomous equipment ...

Bleak Prospects for Cabbies' Challenges to Smartphone Enabled Ride-Hailing Services Regulations (August 23, 2018)
Law360
Eversheds Sutherland Partner Michael Nelson is quoted in this Law360 article discussing the challenges taxicab companies are facing in their recent cases claiming that cities are trampling their ...

California, Other States Fill Self-Driving Car Regulatory Gaps (February 28, 2018)
Law360
Eversheds Sutherland Partner Michael Nelson is quoted in this Law360 article regarding the recent hands-off decision by California to allow the testing of self-driving cars on public roads for the ...

Woman Sues Pret a Manger for $5.5 million for Deceptive Packaging (August 1, 2017)
New York Daily News
Eversheds Sutherland legal alert, “Plaintiffs Have Come Up Empty on Class Action Slack Fill Litigation But Are Expected to Pick It Up in 2017,” is mention in this New York Daily News article ...

Feds May Save Driverless Cars From Patchwork State Regulations (June 30, 2017)
Law360
Eversheds Sutherland (US) Partner Michael Nelson is quoted in this Law360 article regarding the federal government discussing numerous proposals that aim to legislate autonomous vehicles at the ...

The Legal Road Ahead for Autonomous Vehicles (May 12, 2017)
Law360
Eversheds Sutherland’s videocast on the future of artificial intelligence is featured in Law360. In this video, Eversheds Sutherland (US) Partner Michael Nelson and Eversheds Sutherland ...

New Laws Needed to Pave the Way for Autonomous Vehicles (April 12, 2017)
Automotive Industries
Eversheds Sutherland (US) Partner Michael Nelson is featured in an Automotive Industries Q&A. In the article, Michael discusses the usefulness of the recent NHTSA guidelines on driverless cars, how ...

Four Questions Raised by DOT’s Connected-Car Tech Proposal (December 19, 2016)
Law360
Sutherland Partner Michael Nelson is quoted in this Law360 article discussing the U.S. Department of Transportation’s connected car technology proposal and how privacy and cybersecurity will be ...

Artificial Intelligence: The Future is Now (November 16, 2016)
Society for Human Resource Management
In an article published by the Society for Human Resource Management, Sutherland Partner Michael Nelson provides insight on how artificial intelligence (AI) is transforming the workplace. Among ...

U.S. Aims to Tame ‘Wild West’ of Self-Driving Cars (September 20, 2016)
USA Today
Sutherland Partner Michael Nelson is quoted in this USA Today article providing insight on the release of the National Highway Traffic Safety Administration’s (NHTSA) guidelines for self-driving ...

Press Releases

Seven Eversheds Sutherland Attorneys Named 2018 New York Metro Super Lawyers and Rising Stars (September 13, 2018)
NEW YORK-Eversheds Sutherland (US) LLP is pleased to announce that six attorneys based in New York City have been selected as top attorneys in the state by Super Lawyers. Additionally, one attorney ...

Acritas Stars Recognizes 17 Eversheds Sutherland (US) Attorneys for Outstanding Client Service (March 20, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 17 attorneys have been recognized as stand-out lawyers in the 2018 Acritas Stars: Independently Rated Lawyers report. The annual report, ...

Nine Eversheds Sutherland Attorneys Named 2017 New York Metro Super Lawyers and Rising Stars (September 20, 2017)
NEW YORK-Eversheds Sutherland is pleased to announce that five attorneys based in New York City have been selected as top attorneys in the state by Super Lawyers . Additionally, four attorneys have ...

Eversheds Sutherland 2016 Pro Bono Hours Add Up for Worthwhile Causes (July 31, 2017)
Eversheds Sutherland is pleased to announce that its attorneys spent more than 15,000 hours on 614 pro bono matters in 2016. The cases, which ranged from contract disputes to high-profile asylum ...

Industry Leaders Meet to Examine Future of Driverless Vehicles and Artificial Intelligence (May 15, 2017)
NEW YORK-Industry leaders came together at the Harvard Club in New York City for a special forum titled Transportation Disrupted: Artificial Intelligence in the Driver’s Seat. The group, which ...

Ten Sutherland Attorneys Named 2016 New York Metro Super Lawyers and Rising Stars (September 21, 2016)
NEW YORK-Sutherland Asbill & Brennan LLP is pleased to announce that five of the firm’s attorneys based in New York City have been selected as top attorneys in the state by Super Lawyers . ...

16 Sutherland Practice Areas, 59 Attorneys Named Among Nation’s Best in 2016 Legal 500 United States (June 16, 2016)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that 16 practice areas and 59 attorneys have been ranked in the 2016 edition of The Legal 500 United States. Legal 500 is ...

Sutherland Launches Up to Speed: The Automotive and Insurance Blog (November 17, 2015)
NEW YORK-Sutherland Asbill & Brennan LLP is pleased to announce the launch of its newest blog, uptospeedblog.com. The blog provides vital news relating to automobile insurance, manufacturing, ...

Eleven Sutherland Attorneys Named 2015 New York Metro Super Lawyers and Rising Stars (September 16, 2015)
NEW YORK-Sutherland Asbill & Brennan LLP is pleased to announce that five of the firm’s attorneys based in New York City have been selected as top attorneys in the state by Super Lawyers. ...

Sutherland Expands Insurance Litigation Practice in New York with Addition of Five Attorneys (June 1, 2015)
NEW YORK-Sutherland Asbill & Brennan LLP announced today that five attorneys have joined the firm’s Insurance Litigation Group in New York, expanding the firm’s service offerings in insurance class ...

Multimedia

Video: USDOT Federal guidance for automated vehicles (October 10, 2018)
Eversheds Sutherland (US) Partner Mike Nelson discusses the US Department of Transportation (USDOT) and their new Federal guidance for automated vehicles: Preparing for the Future of Transportation: ...

Videocast: Where the rubber meets the road - The journey towards a suitable legal landscape for autonomous vehicles-an update (September 27, 2018)
With each passing year, laws, regulations and public opinion regarding connected and automated vehicles continue to evolve on the global stage. The advent of new artificial intelligence capabilities ...

Federal Advisory Committee on Insurance (FACI) (May 10, 2018)
US Department of the Treasury
Watch Eversheds Sutherland (US) Partner Michael Nelson as he presents to the Federal Advisory Committee on Insurance (FACI) sponsored by the US Department of the Treasury on May 10 in Washington, DC. ...

Podcast: The Spotlight (July 28, 2017)
On this episode of The Spotlight radio show, listen to Eversheds Sutherland (US) Partner Michael Nelson discuss the status of artificial intelligence, one of the biggest hurdles that driverless car ...

Videocast: The Future of Artificial Intelligence: Autonomous Vehicles and Beyond (May 9, 2017)
Countless lives are lost each year due to vehicle-related deaths, and more than 90% of these accidents are attributable to human error. With the advent of new technological capabilities, we live in ...

Video: Five Levels of Automated Driving (September 21, 2016)
Listen to Sutherland Partner Mike Nelson discuss the distinction between autonomous vehicles and automated driving while summarizing the five different levels of automation that NHTSA released.

Video: The Impact Automated Driving Will Have on the Rules of the Road (September 21, 2016)
Hear Sutherland Partner Mike Nelson focus on the impact automated driving will have on the future of highway systems, data, risk management and public policy. The rules of the road will have to be ...

Webcast: Privilege: A Lawyer’s Best Friend and Biggest Headache (March 23, 2016)
Join Sutherland attorneys Mike Nelson, Kymberly Kochis and Alex Fuchs for a webcast on key issues in the world of privilege. The presentation will cover recent developments as well as best practices ...

Videocast: The U.S. Legal System Will Be a Pothole that Impedes Autonomous Vehicles (March 2, 2016)
The legal ramifications of autonomous vehicles are far reaching and will have an enormous impact in the insurance and automotive industries. The issues connected to cybersecurity and data privacy ...

Webcast: Science Fiction to Reality: The Future of Automobile Insurance and Transportation Technology (October 13, 2015)
Vehicle technology is advancing at an implausible pace rendering what was previously considered science fiction a reality. These technological advances impact many industries, but none more so than ...

Areas of Practice (12)

  • Litigation
  • Insurance
  • Class Action Defense
  • Complex Business Litigation
  • Consumer Financial Services
  • Financial Services Litigation
  • Antitrust
  • Reinsurance
  • Automotive
  • Corporate Crime and Investigations
  • Internal Investigations
  • Diversified Industrials

Education & Credentials

Contact Information:
University Attended:
State University of New York College at Cortland, B.S.
Law School Attended:
Temple University James E. Beasley School of Law, J.D.
Year of First Admission:
1992
Admission:
U.S. District Court for the Eastern and Middle District of Pennsylvania; U.S. District Court for the Northern District of Ohio; U.S. District Court for the Northern, Eastern and Southern District of New York; U.S. Court of Appeals for the Third, Fourth and Eleventh Circuit; U.S. District Court for the District of New Jersey; U.S. Court of Appeals for the Second Circuit; District of Columbia; Ohio; New Jersey; Pennsylvania; New York; U.S. District Court for the District of Connecticut; U.S. Supreme Court
Memberships:

Professional Activities

Committee Member, American Bar Association, International Law Section
Member, Defense Research Institute
Member, Association Internationale de Droit des Assurance
Society of Automotive Engineers
Transportation Lawyers Association
I-CarCertified

Birth Information:
December 1, 1957
ISLN:
901123297

Peer Reviews

  • 5.0/5.0
  • High ethical standing icon
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (32)

Documents by this lawyer on Martindale.com

New York, New York

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    New York, NY
    Grace Building , 1114 Avenue of the Americas, 40th Floor
    New York, NY 10036-7703

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