Michael J. Hutter Jr.
Special Counsel
Professor of Law, Albany Law School, Albany, New York
Michael J. Hutter is Special Counsel to Powers & Santola, LLP. As Special Counsel, he handles the firm’s appellate works. He not only handles appeals with respect to the firm’s clients but also handles appeals for non-firm clients who retain him. As to the latter, he has been retained by organizations, corporations, government officials, including judges and individuals on a wide range of matters that require an appellate specialist.
Learn More About Michael
Michael has argued appeals in the New York State Court of Appeals, and all four Departments of New York’s Appellate Division, the United States Court of Appeals for the Second Circuit, and the United States Court of Appeals for the Federal Circuit. He has argued over 400 appeals, which appeals have covered a wide range of subject matter, including Labor Law, No-Fault Law, Negligence, Criminal Law, Matrimonial Law, civil rights claims, State Constitutional Law, and unfair competition claims. Since 2015, he has been named in the Best Lawyers New York edition in the area of appellate practice.
Michael is also an honors graduate of Brown University, receiving scholarships during his four years of matriculation, and Boston College Law School. In law school, he was the Editor-In-Chief of Boston College’s law review (Annual Survey) and was elected to the Order of the Coif. After graduation, Professor Hutter served as a law clerk to Judge Matthew J. Jasen, an Associate Judge of the New York Court of Appeals.
Michael is also a Professor of Law at Albany Law School, where he has been a member of the faculty since 1976. Professor Hutter’s teaching areas include Evidence, NY Practice, Federal Jurisdiction, and Procedure, Conflict of Laws, and Trade Regulation. He is a recipient of teaching awards from Western New England Law School and Albany Law School, New York State Academy of Trial Lawyers, Capital District Trial Lawyers Association, and the Suffolk County Bar Association. His scholarship has been cited by many courts, including the First Circuit Court of Appeals, Fourth Circuit Court of Appeals, Illinois Appellate Court, Massachusetts Supreme Judicial Court, South Dakota Supreme Court, Wisconsin Supreme Court and the Appellate Division of the State of New York, and by numerous academic commentators.
Professor Hutter is a recognized expert in the area of Evidence. He has served as an educator to the New York State Court System, invited by the New York State Office of Court Administration, and its Judicial Institute, to teach evidence and discuss evidence developments at its annual seminars for Justices and Judges throughout the state, as well as seminars for law clerks and court attorneys. Recently, he was appointed by the Chief Judge of the State of New York to act as the Reporter to a Special Committee, composed of sitting and retired judges, charged with compiling a guide to New York’s existing law of evidence that will be readily available to judges, lawyers, and the public. Professor Hutter is also the Evidence columnist for the New York Law Journal, publishing a bi-monthly article discussing recent New York evidence cases decided by the courts.
Important Highlights
Michael has also been active in service to the legal profession. He has served as President of the Albany County Bar Association, elected by the Association’s membership. Additionally, Professor Hutter has served by appointments of the Chief Judge of the State of New York, Presiding Justice of the Appellate Division, Third Department, three governors, legislative leaders, and New York State Bar Association Presidents on statewide public service commissions and study groups.
Included in those appointments are Executive Director of the New York State Law Revision Commission and a Commissioner on the Commission, Director, and Chair of the Capital Defender, member of the Commission on Judicial Nomination (selection of candidates for the Court of Appeals, member of the Third Judicial Department Screening Committee, member of the New York State Continuing Legal Education Board, and the NYSBA Committees on Courts of Appellate Jurisdiction and Civil Practice Law and Rules.
In 1999, Michael was one of seven persons recommended by the State Commission on Judicial Nomination to Governor Pataki for the position of Associate Judge, New York State Court of Appeals. He was rated highly qualified for the position by the New York State Bar Association, New York State Trial Lawyers Association, and the Association of the Bar of the City of New York.
Earned Distinction
In May 2019, Michael received the President’s Award from the Schenectady County Bar Association (SCBA)in recognition of his work on New York’s evidence guide (a consolidated reference tool now available to judges, lawyers, and the public) and for his generosity in providing New York Civil Practice Law and Rules and evidence updates to the association’s members.
Hutter is only the fourth President’s Award recipient in SCBA history. He began work on the evidence guide in 2016 after Chief Judge Janet DiFiore appointed him to serve as a reporter for the state’s Judicial Advisory Committee on Evidence.
Areas of Practice
- Appellate Practice
Education
- Boston College Law School, Newton, Massachusetts
J.D. – 1970
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
A.B. – June, 1967
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
Classes/Seminars
Honors and Awards
Professional Associations and Memberships
Past Employment Positions
- 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
- 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
- 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
- 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, Director, Appointed by Senator Bruno, 2001 – Present
- New York State Law Revision Commission, Member, Appointed by Gov. Pataki, 1997 – Present
- Capital District Region Off Track Betting Corporation, Counsel to the Board of Directors, 1998 – Present
- Third Department Judicial Screening Committee, Counsel
- American Law Institute, 1981 – Present
- American Law Institute, Member, Advisory Committee, Restatement of Unfair Trade Practices, 1987 – 1995
- American Law Institute, Advisory Committee, Member, Restatement of Torts (3d: Apportionment of Liability), 1995 – 1999
- American Bar Association, Litigation Section, Chairman, Business Torts Litigation Committee, 1981 – 1984
- 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, Chairman, Appellate Practice Committee, 1989 – 1994
- New York State Bar Association, Trial Lawyers Section, Chairman, Legal Affairs Committee, 1994 – 1998
- New York State Bar Association, Intellectual Property Section, Member, Executive Committee, 1995 – Present
- New York State Bar Association, Co-Chairman, Trade Secrets Committee, 1995 – 1999
- New York State Bar Association, Chair, Special Committee to Study the Proposed Code of Evidence, 1991 – 1995
- New York State Bar Association, Chair, Department of Health Subcommittee, Task Force on Administrative, 1987 – 1989
- New York State Bar Association, Editor in Chief, Business Torts Newsletter, 1981 – 1986
- New York State Bar Association, Contributing Editor, Automobile Liability Newsletter, 1991 – 1997
- New York State Academy of Trial Lawyers, Charter Member
- American Intellectual Property Law Association, Trade Secrets Committee
- Albany County Bar Association, Board of Directors, 1986 – 1989
- Third Judicial District, Chair, Albany County Gender Bias Committee, 1991 – Present
- Task Force on Administrative Adjudication, Chair, Department of Health Subcommittee, 1987 – 1989
- 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
