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.
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 and 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

"Frye 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 Judges' Program, Albany New York, July 15, 2002

"Frye in New York," OCA Judges' 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; Chair, Diversity Committee;
Chair, CLE Committee; Faculty Advisor, National Moot Court Competition Team; Faculty Advisor, Patent/Unfair Trade Moot Court Team;
Member, Admissions Committee; Secretary, Dean Search Committee

Western New England College School of Law, Springfield, Massachusetts
Chairman, Placement Committee; Governance Committee; Admissions Committee; 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
Counsel to the Board of Directors 1998 - Present

Third Department Judicial Screening Committee
Counsel

American Law Institute, 1981 - Present
Member, Advisory Committee, Restatement of Unfair Trade Practices, 1987 - 1995; Member, Restatement of Torts 3d (Apportionment of Liability) 1995 - 1999;

American Bar Association
Litigation Section, Chairman, Business Torts Litigation Committee 1981 - 1984;
Patent, Trademark and Copyright Section, Trade Secrets Committee;
Business Torts and Unfair Competition Committee

New York State Bar Association
Trial Lawyers Section, Chairman, Appellate Practice Committee 1989 - 1994; Trial Lawyers Section, Chairman, Legal Affairs Committee 1994 - 1998; Intellectual Property Section, Member, Executive Committee 1995 - Present ;
Co-Chairman, Trade Secrets Committee 1995 - 1999;
Chair, Special Committee to Study the Proposed Code of Evidence 1991 - 1995;
Task Force on Administrative Adjudication, Chair, Department of Health Subcommittee 1987 - 1989;
Business Torts Newsletter, Editor in Chief 1981 - 1986
Automobile Liability Newsletter, Contributing Editor 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, 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

Birth Information:

September 25, 1945, Camp Lejune, North Carolina