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Michael is a partner in the trust, estate and inheritance disputes team and is the regional division leader of the US private client and tax team. He is also the Office Managing Director of the Los Angeles office.
Michael has extensive experience representing individuals, families, charities, corporate trustees, private professional fiduciaries and creditors in litigation involving complex trusts and estates. Michael's diverse practice includes will and trust contests, accounting disputes, breach of duty actions, elder abuse and conservatorship disputes, document interpretation matters, and other contested probate and fiduciary-related matters.Michael also has experience in business and commercial litigation, including contract, real estate, copyright, Lanham Act, trade secret, and unfair competition matters.
In addition to litigation and trial work, his practice includes risk assessment and counseling, alternative dispute resolution, and administrative proceedings.
Michael is a fellow of the American College of Trust and Estate Counsel (ACTEC). He frequently writes and speaks on trust and estate litigation topics and is active in bar leadership and committee work. Michael has been recognized in the Chambers High Net Worth Guide for his leadership in Private Wealth Disputes in California since 2021. The Los Angeles Business Journal recognized him as a 2024 Litigation & Trial Attorney Leader of Influence and as a Minority Leader of Influence in 2020-2023, 2025 and 2026. The Legal 500 US recommends him as a lawyer for international tax and not-for-profit tax.
Recent recognition
Me in a minute
I find successfully resolving a thorny family issue to be particularly fulfilling
Becoming a lawyer was not in my initial plans. During my last year of college, I interned at the United Nations in Vienna, Austria, working on issues relating to crime prevention and criminal justice. When discussing my future in international service, my UN supervisor told me that if I truly wanted to make a difference in the world, I needed to experience how the world worked. He said one of the best ways to do that was to go to law school. I followed his advice. After three years at Harvard Law and excellent training at a global law firm, I discovered that I had a passion and talent for legal work and found myself committed to private practice.
I now advise individuals, families, fiduciaries, businesses and charities on ways to resolve disputes, including those involving trust and estate law, fiduciary duties, undue influence and capacity concerns, partnership and corporation law, or contracts. Protecting my client's rights frequently involves litigation, including trial and appellate work, but also can involve mediation and other alternative dispute resolution. I enjoy practicing in this field because it involves personal problem solving and counseling not always present in other litigation fields. I find successfully resolving a thorny family issue to be particularly fulfilling.
Track record
Trustee of dynasty trust
Represented trustee of dynasty trust in a child support matter in a family court bench trial, successfully defeating all claims against the trust.
Trust matter
Represented an elderly widow in a complex contentious trust matter spanning four years to rescind an ineffective and unwanted estate plan, defeating efforts by her child to impose a medical exam on the client, successfully opposing a petition to have a guardian appointed for the client, successfully persuading the court to dismiss certain cross-claims for which the adverse child lacked standing, defending against derivative lawsuits filed by the trust held companies, preparing for trial and favorably settling in mediation with the client's daughter.
Trustee bench trial
Represented an individual trustee in a bench trial obtaining a complete and decisive verdict in favor of the fiduciary. Defeated allegations of breach of duty and requests for surcharge.
Deceased celebrity's trust
Represented the co-trustees of the living trust of a deceased celebrity in defeating fraud claims in arbitration. Also represented the co-trustees in resolving untimely claims, including arguing and winning an appeal of a judge's decision dismissing the barred claims.
Creditor and contract claims
Represented the co-executors of the estate of a deceased celebrity in defeating and resolving creditor and contract claims.
Trust-owned partnership
Advised a trust-owned partnership and assisted it in successfully retrieving misappropriated funds.
Charitable trust
Represented charity in a challenge to a charitable trust, successfully resolving the matter in mediation. Involved allegations of elder abuse and undue influence.
Art fraud
Obtained and enforced a default judgment for a major auction house in an art fraud matter, seizing known California assets.
Talks
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‘Walking the Waiver Tightrope: Attorney-Client Privilege in Common Interest Scenarios,' Probate Attorneys of San Diego event - March 18, 2026, speaker
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'Advice of Counsel Defense,' Cambridge Forum on Private Wealth Litigation - May 1, 2025, discussion leader
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'Attorney-Client Privilege in Common Interest Scenarios: Walking the Waiver Tightrope,' ALI CLE Webcast | "Representing Estate and Trust Beneficiaries and Fiduciaries 2025" - March 27, 2025, speaker
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'Resting Easy: Proactively Addressing One’s Care Both Approaching and Following End of Life,' San Francisco Estate Planning Council Meeting - January 17, 2024, speaker
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'I have the power! Tricky Issues with Directives, Powers and Agencies,' ACTEC California Fellows Meeting - August 12, 2023, speaker
- 'Settlements! Part Deux,' Cambridge Forum on Private Wealth Litigation - April 28, 2023, speaker
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'But Grandma Promised Me the Blue Ceramic Pig! - Litigation and Liability Risks Involving Tangible Personal Property and Other Distributions,' USC Gould School of Law 47th Annual Trust and Estate Conference - November 19, 2021
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Trust and estate litigation guest lecturer, UCLA School of Law - November 17, 2021
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Trust and estate litigation guest lecturer, UCLA School of Law - October 21, 2019
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'Help! The Gardener is Stealing My Inheritance,' San Fernando Valley Bar Association, Probate and Estate Planning Section
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'Help! The Gardener is Stealing My Inheritance,' South Bay Association, Trust and Estate Section
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'The Kids Are Not Alright: Drafting Estate Plans to Prevent Future Public Family Disputes,' Conejo Valley Estate Planning Council
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'Help! The Gardener is Stealing My Inheritance!' Beverly Hills Bar Association, Trusts & Estates Section
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'What Every Future Lawyer Needs to Know About Serving as the Family Fiduciary', UCLA Tax and Estate Planning Law Association
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'Navigating Legal Issues in the Electronic Age', Association of Corporate Counsel of America, Southern California Chapter
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'Perspectives on Trustee Fees: Evaluating 'Reasonableness' in Trust Planning, Administration and Litigation', Beverly Hills Bar Association
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'Privacy Protection: What Every In-House Counsel Needs to Know About: Managing and Protecting Private Employee, Consumer and Company Information', Association Of Corporate Counsel of America, Southern California Chapter
Insight
External publications
- 'Leaders of Influence: Minority Attorneys,' Los Angeles Business Journal - January 12, 2026, featured
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'The Common Interest Doctrine: Preventing Waiver in the Trust and Estate Context,' Daily Journal - October 15, 2025, co-authored
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'Leaders of Influence: Minority Attorneys,' Los Angeles Business Journal - January 20, 2025, featured
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'Leaders of Influence: Litigators & Trial Attorneys 2024 – Michael Brophy,' Los Angeles Business Journal - July 24, 2024, featured
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'Evolving Families in California: The changing shape of families,' Withers Video - November 28, 2023, featured
- 'Withers Expands Office Footprint in LA, San Diego, San Francisco,' Daily Journal (subscription required) - June 30, 2022, quoted
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'Global Law Firm Withers is Exhibit A in Legal Profession's Case for Return to Office,' CoStar News - June 16, 2022, quoted
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'Withers Moves Into New Offices in LA, SF, and San Diego,' Law360 Pulse (subscription required) - June 15, 2022, quoted
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'Withers' Bet on Private Clients in California Is Powering US Growth,' The Recorder (subscription required) - June 14, 2022, quoted
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'Leaders of Influence: Minority Attorneys,' Los Angeles Business Journal - January 24, 2022, featured
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'As Her Conservatorship Remains in Place, Britney Spears' Lawyer Samuel Ingham III Resigns,' Forbes - July 6, 2021, quoted
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'What being a 'minority leader of influence' means to me,' Withers Insight - January 29, 2021, co-author
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'Minority Leaders of Influence: Attorneys,' Los Angeles Business Journal - January 25, 2021, featured
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'Children Supporting Themselves? How Sparring Parties in Support Disputes Seek to Use the Family Code to Bypass Trust Protections for Beneficiaries,' Family Law News Issue 3, 2020, Volume 42, No. 3 - September 16, 2020, co-author
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'Protecting trustees from blame (and liability) in COVID-19's new world order,' Daily Journal's "Wealth with Withers" column - July 21, 2020, co-author
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'Withersworldwide Expands LA Outpost with 3 New Attorneys,' Daily Journal - February 18, 2020, quoted
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'Minority Leaders of Influence: Attorneys,' Los Angeles Business Journal - February 3, 2020, featured
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'Withers Partner Michael Brophy Named a Most Influential Minority Attorney,' Withers Insight - January 2020
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International Trust and Divorce Litigation Third edition: Indispensable practical guide for offshore lawyers, trust companies, private bankers and matrimonial lawyers - October 28, 2019, contributor
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'Property Report,' Wall Street Journal - August 6, 2019, quoted
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'Animal Capital,' Family Capital - February 27, 2019, quoted
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'Withers Adds Trust, Int'l Tax Attys From Mitchell Silberberg,', February 2019, quoted
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'Withers Expands LA Practice as 3 Local Attorneys Seek Global Reach,' The Recorder, February 2019, quoted
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'Preventing and Avoiding Costly Conflicts,' Trusts & Estates - July 25, 2018, co-author
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'Zobele Mexico alleges Auto Expressions, Kraco Enterprises owes more than $800,000,' Northern California Record - July 3, 2018, featured
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'Uber to Pay Waymo $245 Million to Settle Blockbuster Self-Driving Secrets Case,' SF Gate and San Francisco Chronicle - February 9, 2018, quoted
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'Four Days, $245 million: How Waymo v. Uber Came to an End,' CNET and __ iTruck.news - February 9, 2018, quoted
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'Waymo Will Get Driverless Car Due Diligence Report, but Little Time to Use It,' The Recorder - September 14 2017, quoted
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'Parse the Issues Involving Guardians in Legal Proceedings,' Estate Planning, July 2017, co-author
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'Car Exec Sacked in Uber Stoush,' The Australian, June 2017, quoted
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'Silicon Valley DNA vs. NDAs,' The Street - May 21, 2017, quoted
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'Silicon Valley DNA vs. NDAs,' The Deal - May 19, 2017, quoted
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'Alphabet gets Access to Uber's Secrets,' The Australian - May 17, 2017, quoted
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'Uber Takes Hit in Car-Tech Fight,' Wall Street Journal, Fox Business, and 4-Traders - May 16, 2017, quoted
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'Uber's Self-Driving Car Ambitions Live Another Day,' AZ Central, Springfield News Leader, Detroit Free Press, Cincinnati.com and USA TODAY - May 3, 2017, quoted
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'Uber Says it's Not "Hiding Anything" in Waymo Case,' CNET - May 3, 2017, quoted
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'Injunction Against Uber? No Decision Yet,' Uncova - May 3, 2017, quoted
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'Uber to Waymo: We Aren't Using Your Self-Driving Car Tech,' CNET - April 8, 2017, quoted
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'Uber Denies Using Waymo LiDAR In Google Tech Theft Case, Says It Has Its Own,' Forbes - April 7, 2017, quoted
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'Facing A Self-Driving Smackdown, Uber Opts For Damage Control,' WIRED - April 7, 2017, quoted
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'Arbitration: Beware of the Unintended Risks,' Los Angeles Daily Journal, co-author
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'Privacy Protection: What Every In-House Counsel Needs to Know About: Managing and Protecting Private Employee, Consumer and Company Information,' Association Of Corporate Counsel of America, Southern California Chapter, contributor
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'Largest Firm's Split Decisions,' Los Angeles Business Journal, referenced
Admissions
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State of California, 1998
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9th Circuit Court of Appeals, 2000
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U.S. District Court for the Central District of California, 2000
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U.S. District Court for the Southern District of California, 2003
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U.S. District Court for the Eastern District of California, 2008
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U.S. District Court for the Eastern District of Texas, 2010
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Federal Circuit Court of Appeals, 2011
Education
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American University, magna cum laude, B.A.
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Harvard Law School, cum laude, J.D.
Languages
- English
Memberships
- American College of Trust and Estate Counsel (ACTEC), Fellow
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Los Angeles County Superior Court Temporary Judge Program (Judge Pro Temp)
- Los Angeles County Superior Court Anti-Bias Subcommittee, Local/Regional Subcommittee Workgroup
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LGBT Bar Association of Los Angeles past Board of Governors, Executive Committee
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Los Angeles County Bar Association (LACBA)
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LACBA Diversity in the Profession Section, Executive Committee
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LACBA Diversity in the Profession Section, Subcommittee on the Diversity Summit
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Beverly Hills Bar Association
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Human Rights Campaign
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Lambda Legal
- Los Angeles County Superior Court Civil Bench-Bar Liaison Committee (Former)
Key dates
- Year joined: 2015
- Year became partner: 2015