Michael represents clients in government investigations and enforcement actions, and proactively counsels them on all aspects of complying with federal and state regulations. He advises companies at all levels of the supply chain, including manufacturers, importers, exporters, distributors/wholesalers, and retailers (including online retailers).

Michael guides clients through a wide variety of federal, state, and local issues, ranging from questions related to licensure and permitting, excise taxes, sales and use taxes, pre-market authorization requirements, and advertising and marketing restrictions. He has a deep understanding of the laws and regulatory requirements enforced by the U.S. Food and Drug Administration (FDA), Alcohol and Tobacco Tax and Trade Bureau (TTB), the Bureau of Alcohol, Tobacco, and Firearms (ATF), the Federal Trade Commission (FTC), and state taxing and licensing authorities.

Michael also has an active pro bono practice. He represents asylum seekers in removal proceedings before the Executive Office for Immigration Review, as well as assists veterans seeking upgrades to their discharge status so they may obtain veterans’ benefits.

• Successfully obtained a stay from the Third Circuit on behalf of an e-cigarette company in its challenge of the FDA’s regulatory framework for electronic nicotine delivery systems.
• Advised tobacco product and nicotine manufacturers on FDA premarket authorization requirements to sell their products in the U.S. and assist with postmarket authorization reporting requirements.
• Negotiated favorable resolution of claims brought by ATF against multistate wholesaler under the Contraband Cigarette Trafficking Act (CCTA) and the Prevent All Cigarettes Trafficking (PACT) Act.
• Advised companies on compliance obligations associated with consent judgments and settlement agreements with state attorneys general.
• Provided comprehensive legal support and strategic counsel to an international tobacco company, ensuring compliance with federal, state, and local regulatory requirements, such as licensing, permitting, excise tax, and sales and use tax laws.
• Successfully negotiated settlement of a civil investigative demand brought by a state attorney general’s office regarding online retailer’s delivery sales of tobacco products.
• Counseled companies on the implications of draft federal regulations and state legislation affecting tobacco and nicotine products.
• Advised cannabis company with respect to Department of Justice enforcement priorities for the production and sale of cannabis products on tribal lands, and the state of regulation of intoxicating hemp-derived products.
• Advised premium cigar manufacturers with respect to FDA user fee disputes and refund claims.
• Counseled a national distributor of tobacco products regarding state excise tax laws and possible constitutional challenges to the same.
• Assisted international tobacco company in obtaining a favorable opinion from state taxing authority regarding calculation of tobacco products excise tax.
• Successfully obtained refund of nearly one million dollars after long delay by the TTB in processing the claims.
• Aided client in obtaining records from the FDA under the Freedom of Information Act (FOIA) pertaining to the agency’s regulation of tobacco products.
• Counseled tobacco products manufacturer with state certification issues under Master Settlement Agreement complementary legislation and compliance with FDA rules and regulations.
• Assisted international tobacco company in obtaining favorable settlement of multimillion-dollar state excise tax assessment.
• Secured the dismissal of removal proceedings in U.S. immigration court in pro bono representation of asylum seekers fleeing persecution in Central America.