Michael T. Cone
Contact:
T: (212) 655-5471
E: michael.cone@fisherbroyles.legal
New York Office
Practice Areas:
- Customs Penalty Defense
- Customs Classification, Valuation, & Country of Origin
- Trump Tariffs
- Antidumping & Countervailing Duties
- Federal Regulatory Compliance (FDA, FTC, CPSC, US Fish & Wildlife, etc.)
- Commercial Litigation Arising from International Transactions
- Trade Issues Involving Cannabis/Hemp/CBD
- Export Controls
- OFAC
- FCPA
Michael is a member of the firm’s International Trade and Cannabis/Hemp/CBD practices, and concentrates in the areas of regulatory, customs, and international trade law.
He counsels clients on compliance issues enforced by a panoply of federal and state agencies which regulate the importation, marketing and sale of merchandise.
Michael also represents clients in commercial litigation arising from international transactions, and regularly appears in federal and state courts to protect their interests whether as plaintiff or defendant.
He also provides assistance with export controls, OFAC, and FCPA.
Michael speaks frequently at professional and trade events, and has been featured in print and broadcast media including the New York Times, NPR, CNN Money, and CBS News. In 2007, the New York Times featured his lawsuit challenging gender-based customs duties on its front page.
Michael is fluent in French, and is a leading voice combatting the global phenomenon popularly referred to as the “Pink Tax”.
Large Firm & Corporate Experience:
- Baker & McKenzie (New York)
- Coudert Brothers (New York)
- Moquet, Borde, Dieux, Geens & Associés (Paris)
- Kellogg Company (Battle Creek)
Judicial Experience:
- U.S. Court of International Trade – Law Clerk to the Hon. R. Kenton Musgrave
- U.S. District Court for the Eastern District of Michigan – Intern to the Hon. Anna Diggs Taylor
Executive, Board of Directors, and Advisory Committee Positions:
- Managing Partner of FisherBroyles’ New York and Washington, D.C. Offices, 2013-2018
- U.S. Court of International Trade Advisory Committee on Rules, 2008-2019
- The Gohan Society, General Counsel and Board Director, 2005-2018
Bar Admissions:
- New York
Education:
- Washington College of Law – American University, LL.M. (International Business Law)
- Wayne State University Law School, J.D.
- University of San Diego Institute on International and Comparative Law
- University of Michigan, B.A. (Honors Program)
Languages:
- French
Professional Publications and Media Coverage:
- Kansas City CBS-affiliate KCTV5, “Pink tax: Why do women pay more for goods and services?“, February 2019
- Los Angeles Times, “Many Women’s Toiletries Do Cost More Than Men’s – and Their Mortgages Might Too, Report Finds“, August 2018
- National Public Radio’s Planet Money, “It Takes Two to Make a Trade War Fight“, June 2018
- FisherBroyles Law Firm 2.0® model and Michael Cone featured in France’s Le Journal du Parlement June 2017;
- National Public Radio’s Morning Edition, “How The Case Of The ‘Snuggie’ Impacts Tariffs And Trade”, March 2017;
- Financier Worldwide’s Risk & Compliance Magazine: “Developing and Managing an Effective International Trade Compliance Programme”, Fall 2016;
- FisherBroyles Law Firm 2.0® model and Michael Cone featured in l’ENA hors les murs, the alumni magazine of France’s leading graduate school, l’École National d’Administration: “Does the cloud have a silver lining? Le «cloud» est-il cousu d’or?”, May 2016;
- Featured on CNN Money’s report on “Why Women Pay More Than Men for the Same Stuff”, March 2016;
- Published article in Georgetown Journal of International Law, “Three Different Standards of Review in CIT Jurisprudence: Hard Results, Practice Points, and Lessons Learned”, Fall 2015
- Featured in CBS News’ investigative report entitled “CBS News Goes Undercover to Reveal Gender Price Discrimination,” January 2016.
- Consultant for New York City’s Department of Consumer Affairs’ publication “From Cradle to Cane, The Cost of Being a Female Consumer [PDF],” a study investigating how retail prices for goods marketed to females are higher than goods marketed to males, December 2015. [Press Release]
- National Public Radio’s Planet Money, “Not All Santa Costumes Are Created Equal: A Tariff Dispute Over Red Suits”, December 2015
- Interviewed on WINK-TV (Fort Myers/Naples) regarding the Pink Tax, November 2015 [Part One] [Part Two]
- U.S. contributor for Financier Worldwide – 2015 Trade and Customs Annual Review [PDF], October 2015
- Featured as part of an expert panel on Managing Sanctions Compliance Challenges for Risk and Compliance Magazine. July / August 2015
- Interviewed for April 2015 Mic.com article and video entitled The Secret Tax Screwing Women Out of Thousands of Dollars Over a Lifetime, which generated over 2.5 million views
- Featured in Echanges Internationaux Magazine – January 2015 [PDF]
- Financier Worldwide’s Corporate Dispute Magazine: “Expert Roundtable on Trade & Customs Litigation [PDF],” January 2015
- Interviewed for a Yahoo Finance piece on gender-based pricing, January 2015.
- Featured in an Associated Press article, Are women overcharged? France probes price of pink, November 2014.
- Interviewed on HuffPost Life, Why It’s More Expensive To Be A Woman addressing gender-based import taxes., November 2014
- Law360 Expert Analysis, “Trek Leather Opens Pandora’s Box On US Customs Penalties” [PDF], October 2014
- U.S. contributor for Financier Worldwide Trade and Customs 2014 Annual Review [PDF], September 2014
- National Public Radio’s Morning Edition, “The Giant Book That Creates And Destroys Entire Industries”, December 2013.
- National Public Radio’s Planet Money, “A Shirt, A Meat Grinder And The Book Of Everything”, December 2013
- National Public Radio’s All Things Considered, “Sawing Apart Gym Shoes at the Port of Long Beach,” January 2011
- National Public Radio’s Planet Money, “The Friday Podcast: A Meat Grinder For Fabric,” January 2011
- Inside U.S. Trade, “U.S. To Refund Some Duties In Beef Retaliation Case, Scope Still Unclear,” January 2011
- CBS-affiliate WWMT, television interview about the impact of the Food Safety Modernization Act, January 2011
- FACC-Chicago’s Les Dossiers de la Chambre, “The Equal Protection Challenge to Gender-Based Import Taxes on Footwear and Apparel”, May 2011
- BNA Daily Report for Executives, “2010 Outlook: International Trade,” January 2010.
- New York Times, “In Men’s and Women’s Apparel, All Tariffs Aren’t Created Equal,” April 28, 2007, at A1.
- Additional coverage in the Journal of Commerce, Women’s Wear Daily, Shipping Digest, BNA International Trade Reporter, Marie Claire, and other publications.
Selected Speaking Engagements:
- 2019 Georgetown Law International Trade Update – Panel Moderator for session entitled “Customs – Age of Enforcement”
- Presented on key issues and provided best practice insights to small French companies seeking to enter the US market, pursuant to the invitation of France’s International Chamber of Commerce – Normandy, October 2017
- Presented “Defending Customs Penalty Actions: Key Points and Best Practices” at Marcus Evans’ 7th International Trade Compliance Convention, May 2017
- Alongside Thomas Wolf, the US Consul in Bordeaux, presented to French start-ups and small companies on “Exporting to the USA”, pursuant to the invitation of France’s International Chamber of Commerce – Cognac, April 2016
- Panelist for “Protest Denied! Now What?”, a session at the annual convention of the International Compliance Professionals Association, March 2016
- Heritage Foundation Guest Speaker, Trade Roundtable Luncheon, “Why Women (and Sometimes Men) Pay More: Tariffs and Clothing Prices”, December 2013
- Van Andel Global Trade Center, “Basics of NAFTA”, October 2013
- French-American Chambers of Commerce – New York, NY & Chicago, IL; “Importing into the US: Evolving Regulatory Compliance & Supply Chain Issues that Affect Your Risk Profile & Bottom Line,” November 2011 (Chicago); and“Importing Merchandise into the US: Issues, Best Practices, & the Changing Environment,” February 2011 (New York)
- Georgetown Law CLE International Trade Update – Washington, D.C.; “Year in Review: Customs,” February 2012; “Customs Litigation,” February 2011; and “Nuts and Bolts of Litigating a Customs Case,” February 2010
- Van Andel Global Trade Center – Grand Rapids, MI; “Fundamentals of Exporting and Importing Textiles and Apparel,” November 2012; “Agricultural Imports and the Food Safety Modernization Act,” January 2011; and “NAFTA: Focus on Canada,” November 2007
- Anchin Block & Anchin – New York, NY; “Food for Thought: Impact of the Food Safety Modernization Act,” October 2011
- Convention Mondissimo du Commerce International – Paris, France; “Règlementation Douanière et Transport: La Nouvelle Donne Aux USA,” March 2011
- ABA International Law Section Spring Meeting – Washington D.C.; “What’s Happening at the CIT,” April 2009
- International Boston Seafood Show – Boston, MA; “Shrimp Forum: Ins & Outs of Trading and America’s Favorite Seafood,” March 2007; “Importation of Seafood,” March 2006
- Judicial Conferences of the U.S. Court of International Trade – New York, NY; “Making the CIT Accessible to Small Businesses,” November 2004; and “Scientific Expert Testimony at the CIT,” November 2002