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Michael J. Hutter Jr. 
Albany, New York
Special Counsel
Professor of Law, Albany Law School, Albany, New York
phone 518-478-6616
866-689-9692 (Toll Free)
fax 518-426-4012
email Email Me

Michael J. Hutter is a Professor of Law at Albany Law School of Union University, where he has been a member of the faculty since 1976. He is also Special Counsel to the Albany law firm of Powers & Santola, LLP.

Professor Hutter is an honors graduate of Brown University and Boston College Law School. In law school, he was the Editor-In-Chief of Boston College's law review 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, New York's highest appellate court. From 1979 to 1984, he was the Executive Director of the New York State Law Revision Commission. In 1999, Professor Hutter was selected as one of seven nominees to the Court of Appeals by the State Commission on Judicial Nomination.

Professor Hutter's teaching areas include Evidence, Intellectual Property, and Trade Regulation. He limits his private practice to appellate practice. He has argued over 275 appeals in all of New York's appellate courts and many of the cases in which he represented the prevailing party are considered to be landmark decisions.

Areas of Practice:
Plaintiff's Personal Injury Practice
Appellate Practice
Education:
Boston College Law School, Newton, Massachusetts, 1970
J.D.
Honors: With Honors
Honors: Rank: 8/140
Honors: Order of the Coif
Honors: Dean's List
Law Review: Boston College Law Review, Editor in Chief, Annual Survey


Brown University, Providence, Rhode Island, June, 1967
A.B.
Honors: With High Honors
Honors: Dean's List
Honors: Honors Program
Honors: Honors Thesis: Satires of Horace
Honors: Class Council
Honors: Alumni Representative
Major: Classics
Minor: Economics


Published Works:
Monopolies and Mergers: Cases and Materials, 1981


Expert Testimony: Cases and Materials, 2003


Model Jury Charges in Business Tort Cases (Editor in Chief), ABA, 1981


Business Torts Volume in Actions and Proceedings, Callahan, 1985


New York Civil Practice (Contributing Author, Weinstein, Korn & Miller), Matthew Bender, 1983-1991


New York 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, Protecting Secrecy, Protecting Trade Secrets", PLI, 1992


"Hearsay: Principal Exceptions, Insurance", Compensation Law Section Digest, Spring, 1993


"Evidence, 1994-95 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. Cutz Admissibility of Statements in Police Accident Reports", Bills of Particulars


"Evidence, 2001-2002 Survey of New York Law", 53 Syracuse C. Rev.


"No-Fault Law Update, Decisions", (Trial Lawyers' Institute), 1991 - Present


"Administrative Rulemaking: Revisiting SAPA", Government Law Center, February, 1993


"Labor Law 240(1) Revisited", Government Law Center, December, 1997


Book Review, "Noel an Phillips; Products Liability: Cases and Materials" (Co-Author with Maleski), 65 Geo. L.J. 865, 1977


Classes/Seminars Taught:
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, Massachusetts, 1974 - 1976


"Ethics for ALJ'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


"Fraye 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 Jubses' Program, Albany New York, July 15, 2002


"Frye in New York", OCA Jubses' 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


Honors and Awards:
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 School of Law, 1976


Recommended by the State Commission on Judicial Nomination to Governor Pataki for the Position of Associate Judge, New York State Court of Appeals, 1999


Fellow, State Bar Foundation, New York State Bar Association


Professional Associations and Memberships:
Albany Law School of Union University, Albany, New York
Member, Government Law Center Advisory Board


Albany Law School of Union University, Albany, New York
Chair, Diversity Committee


Albany Law School of Union University, Albany, New York
Chair, CLE Committee


Albany Law School of Union University, Albany, New York
Faculty Advisor, National Moot Court Competition Team


Albany Law School of Union University, Albany, New York
Faculty Advisor, Patent/Unfair Trade Moot Court Team


Albany Law School of Union University, Albany, New York
Member, Admissions Committee


Albany Law School of Union University, Albany, New York
Secretary, Dean Search Committee


Western New England College School of Law, Springfield, Massachusetts
Chairman, Placement Committee


Western New England College School of Law, Springfield, Massachusetts
Governance Committee


Western New England College School of Law, Springfield, Massachusetts
Admissions Committee


Western New England College School of Law, Springfield, Massachusetts
Advisor, Patent/Moot Court Team


Office of the Capital Defender, 2001 - Present
Director, Appointed by Senator Bruno


New York State Law Revision Commission, 1997 - Present
Member, Appointed by Gov. Pataki


Capital District Region Off Track Betting Corporation, 1998 - Present
Counsel to the Board of Directors


Third Department Judicial Screening Committee
Counsel


American Law Institute, 1981 - Present


American Law Institute, 1987 - 1995
Member, Advisory Committee, Restatement of Unfair Trade Practices


American Law Institute, Advisory Committee, 1995 - 1999
Member, Restatement of Torts (3d: Apportionment of Liability)


American Bar Association, Litigation Section, 1981 - 1984
Chairman, Business Torts Litigation Committee


American Bar Association, Patent, Trademark and Copyright Section
Trade Secrets Committee


American Bar Association, Antitrust Section
Business Torts and Unfair Competition Committee


New York State Bar Association, Trial Lawyers Section, 1989 - 1994
Chairman, Appellate Practice Committee


New York State Bar Association, Trial Lawyers Section, 1994 - 1998
Chairman, Legal Affairs Committee


New York State Bar Association, Intellectual Property Section, 1995 - Present
Member, Executive Committee


New York State Bar Association, 1995 - 1999
Co-Chairman, Trade Secrets Committee


New York State Bar Association, 1991 - 1995
Chair, Special Committee to Study the Proposed Code of Evidence


New York State Bar Association, 1987 - 1989
Chair, Department of Health Subcommittee, Task Force on Administrative


New York State Bar Association, 1981 - 1986
Editor in Chief, Business Torts Newsletter


New York State Bar Association, 1991 - 1997
Contributing Editor, Automobile Liability Newsletter


New York State Academy of Trial Lawyers
Charter Member


American Intellectual Property Law Association
Trade Secrets Committee


Albany County Bar Association, 1986 - 1989
Board of Directors


Third Judicial District, 1991 - Present
Chair, Albany County Gender Bias Committee


Task Force on Administrative Adjudication, 1987 - 1989
Chair, Department of Health Subcommittee


Past Employment Positions:
Hesson, Ford, Sherwood & Whelan and successor firms, including as of 1992, Thuillez, Ford, Gold & Johnson, Albany, New York, Special Counsel, 1984 - 1992


Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, New York, Associate, 1972 - 1974


Judge Matthew J. Jasen, New York State Court of Appeals, Law Clerk, 1970 - 1972


Columbia County, Special Prosecutor, 1998 - 2001


Albany County, Special Prosecutor, 1991 - 1997


New York State Law Revision Commission, Executive Director, 1979 - 1984


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