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Michael Mix

Partner
Michael Mix's headshot
Michael Mix Partner

Michael Mix is a litigator who principally helps cryptocurrency, web3 and fintech companies, investors, founders and users resolve complex disputes.

Michael has experience navigating the intersection between emerging technology like digital assets and other financial technology products and more established areas of law. He has litigated and arbitrated: cryptocurrency lending, trading and derivative disputes; class actions involving cryptocurrencies and alleging violations of the Securities Act, RICO, New York GBL 349 and 350, and common law claims like fraud, conversion and breach of contract; litigation involving who owns certain cryptocurrency assets; digital assets startup, partner and co-founder disputes; disputes involving companies that create digital assets wallet software; disputes involving DeFi protocols; and cryptocurrency bankruptcy disputes.

He has represented defendants in several high-profile, newsworthy digital assets litigation, including: the FTX Multidistrict Litigation proceeding pending in the U.S. District Court for the Southern District of Florida; putative class actions pending in the Northern District of California regarding the COMP and LDO tokens; a putative class action in the Southern District of New York concerning the Uniswap protocol (where he secured dismissal for his client); a putative class action in the Southern District of New York concerning the Artificial Superintelligence Alliance; and adversary proceedings arising out of the FTX and Celsius bankruptcies.

Michael has filed several important amicus briefs on behalf of firm clients in landmark digital assets cases, including the SEC’s actions against Ripple and Wahi, the NYAG’s action against KuCoin and multiple affirmative litigations brought against the SEC by industry participants. Certain of those amicus briefs detailed how court rulings in enforcement actions that are not narrowly tailored could have negative consequences for the digital asset and blockchain industry at large.

He writes frequently on current law issues and is a thought leader in the cryptocurrency space. He co-authored a client alert exploring civil forfeiture actions against cryptocurrency and other digital assets, as well as an article in LegalTech News concerning the availability of a motion for summary judgment in lieu of complaint when the underlying obligation is denominated in cryptocurrency. He also co-wrote an article in New York Law Journal exploring whether victorious plaintiffs may receive a judgment in cryptocurrency rather than fiat currency, and an article in LegalTech News providing a roadmap for lawyers to follow when entering into a settlement agreement where one party makes a settlement payment denominated in cryptocurrency.

Michael has taught multiple CLEs on recent developments in cryptocurrency litigation and regulatory enforcement. He is a co-author of the Morrison Cohen Cryptocurrency Litigation Tracker.

Prior to joining Morrison Cohen in 2016, Michael was a litigation associate at Dewey & LeBoeuf LLP and Curtis, Mallet-Prevost, Colt & Mosle LLP, where he focused on complex commercial litigation and arbitration.  

Experience

  • a leading DeFi foundation in a class action over purported wrongdoing involving a decentralized protocol.
  • founders, a technology company, and a VC in multiple putative class actions concerning whether a particular token is a security
  • a software company and a crypto VC in a putative class action alleging violations of a New York statute prohibiting unlicensed lotteries
  • a digital assets company founder in an action against co-founders for stealing his equity stake
  • a company in a putative class action involving the Artificial Superintelligence Alliance
  • a cryptocurrency trading company in multiple litigations and arbitrations with counterparties over a failure to settle crypto spot and derivative trades
  • an investor in a putative class action concerning the FTX collapse
  • a foundation in litigation with an individual who exploited a bug to extract value from the protocol
  • a cryptocurrency mining consultant in litigation concerning a cryptocurrency mining venture and the ownership of disputed mining rigs
  • a Seventh Circuit appeal concerning the issue of whether certain tokens are commodities under the Commodity Exchange Act
  • a gallery and multiple individuals in litigation alleging fraud and other torts in connection with a series of NFTs
  • a foundation in a Racketeer Influenced and Corrupt Organizations (RICO) action
  • a digital assets wallet software company in an action brought by a user affected by a malicious third party
  • a prominent DeFi community member in a lawsuit concerning certain governance proposals
  • a major blockchain industry advocacy organizations and a crypto VC in filing amicus briefs in multiple significant cases
  • multiple bankruptcy adversary proceedings brought by the FTX estate
  • multiple bankruptcy adversary proceedings brought by the Celsius estate, including one alleging securities fraud in connection with a DeFi protocol

Professional Activities

American Bar Association
New York State Bar Association

Recognition

NYU School of Law

  • Articles Editor, Annual Survey of American Law
  • Editor-in-Chief, The Commentator
Michael Mix's headshot

Education

  • New York University School of Law, J.D.
  • Cornell University, B.A.

Bar Admissions

  • New York
  • U.S. Supreme Court
  • U.S. District Courts for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit

Media & Insights