Barclay Damon
Barclay Damon

Michael E. Ferdman

Michael E. Ferdman

Partner

p: 716.566.1556

f: 716.846.1215

icon_email mferdman@barclaydamon.com
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Buffalo Office

The Avant Building
200 Delaware Avenue
Buffalo, New York 14202

Mike Ferdman is an experienced trial attorney who has tried cases in federal court, bankruptcy court, New York State courts, and courts in many other states. Mike concentrates his practice on business disputes, including breach of contract actions and UCC Article 2 disputes. He also tries personal injury and products liability cases, representing manufacturers and utility companies. He has represented several individuals who have been investigated by the New York State Attorney General, including an owner of several cooperative buildings in New York City, a process serving company that was being investigated for possible fraudulent service, and appraisers investigated for possible fraudulent appraisals.

Mike is an experienced construction attorney and has lectured many times on construction-related topics. He has successfully represented building owners, architects, and contractors. He has extensive experience relating to sureties. Moreover, Mike is a building owner himself, having partnered on three major projects in Buffalo’s Elmwood Village, where he had a six year role as president of Forever Elmwood, a neighborhood organization dedicated to community improvement. Mike has won several awards for his effective leadership in Forever Elmwood and the positive impact he has had on the growth of Elmwood Village.

For many years, Mike has represented major lenders in commercial loan suits and restructures. Mike also represents companies involved in various aspects of the dairy industry, including milk processors, nutritionists, and feed sellers. Mike also has a strong background in transportation matters, having represented railroads. He successfully tried a case in bankruptcy court on behalf of a manufacturer against a major trucking company.

Representative Experience

  • Advised an automobile parts manufacturer client of its contract rights under Article 2 of the Uniform Commercial Code and under the contracts it had entered into with the automobile manufacturer, resulting in the client's successful renegotiation of a new set of contracts that saved them millions.
  • Defended a milk manufacturer in a New Jersey state court trial against a milk distributor's claim of fraud and interference with business relations; the court granted our motion to dismiss after the plaintiff completed its case.
  • Represented a large owner of residential cooperative apartments in New York City in several civil actions brought by the New York State Attorney General regarding claimed violations of state disclosure laws. Also represented the same client in actions brought by the co-op boards of the buildings in question. After several years of litigation, favorably settled the matter with the AG and the co-op boards. 
  • Successfully tried a case in bankruptcy court (adversary proceeding) in which our client obtained a verdict of $1.5 million over a trucking company for breach of contract in which the trucking company agreed to purchase liners for the transport of sugar and grains from our client, refuting the trucking company's claim that the liners did not operate as claimed.

Practice Areas

Education

  • St. John's University School of Law, J.D., 1979
  • Rutgers College, B.A., Henry Rutgers Scholar, 1973

Admitted To Practice

  • New York, 1980
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. District Court, Western District of New York
  • U.S. District Court, Northern District of California

Memberships & Affiliations

  • New York State Bar Association
  • Erie County Bar Association
  • National Institute of Trial Advocacy, Alumna

Civic Activities

  • Buffalo Seminary, Board of Directors Member
  • Forever Elmwood, Inc., Former President (1997-2003)
  • Buffalo Police Foundation, Former Board of Directors Member and Secretary (1997-1999)

Speaking & Publications

  • Lectures frequently on a variety of litigation-related topics

Honors

  • Buffalo Business First, Legal Elite Leaders of Western New York, 2017
  • Super Lawyers: Business Law, 2016 and 2017
  • Chambers USA America’s Leading Lawyers for Business: Litigation: General Commercial (Upstate New York), 2015 and 2016 
  • Martindale-Hubbell “AV” Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability
  • Forever Elmwood's Outstanding Service to the Community Award, 2004
  • Niagara Lutheran Health Foundation's Good Neighbor Citation, 2003
  • Partners For a Livable Western New York's Livable Community Award, 2002
  • Strathmore’s Who’s Who?, 1999-present
  • Buffalo Police Department Community Service Award, 1997

Prior Experience

  • Hiscock & Barclay, LLP, Partner