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 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.
- 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
