Professional biography
George A. Michak
Auction law. Business counsel. A career spanning private practice, government service, transactions, and litigation.
Professional overview
Experience with
a broader view.
George Michak has practiced law for more than thirty years. His practice includes auction law; corporate and business matters; commercial transactions; administrative law and professional licensing; economic development financing and incentives; commercial and appellate litigation; real estate and land use; and oil and gas.
Previously a partner with a major Pittsburgh-based law firm, he was earlier associated with national law firms based in Washington, D.C. and Pittsburgh. His government experience includes service as Chief Counsel for Pennsylvania’s Department of Community and Economic Development.
Auction law experience
The industry.
The contracts.
The evolving law.
George regularly represents auctioneers and auction companies on the legal issues affecting their businesses. His work encompasses contracts, litigation, licensing and disciplinary matters, online auctions, intellectual property, business purchases and sales, real estate, and risk management.
He follows technological and legal developments affecting auctions and helps clients address the allocation of risk, seller and buyer expectations, and protection of commissions, premiums, and fees.
Selected experience
Representative matters
These matters describe past work reported in George’s professional biography. Each matter depends on its own facts and circumstances; past results do not guarantee a similar outcome.
Auction-related matters
- Prepared contract packages and bidder terms and conditions, and addressed licensing issues, for an intellectual property brokerage and auction company selling patents throughout the United States.
- Revised bidder terms and conditions for an online auction company selling residential and commercial real estate throughout the United States.
- Prepared auction contracts and bidder terms and conditions for companies conducting live and online auctions.
- Advised a multinational auction company on the passage of title, possession, and risk of loss for machinery and equipment sold at auction.
- Successfully defended a large regional real estate auction in litigation brought by a bidder for a block of income-producing properties.
- Successfully defended numerous auctioneers wrongly cited under Pennsylvania’s Auctioneer Licensing and Trading Assistant Registration Act, resulting in major changes to the identification and treatment of auction companies and auction houses in Pennsylvania.
- Prepared a friend-of-the-court brief in a landmark case addressing real estate disclosure requirements affecting auctioneers and brokers.
- Served as a principal draftsperson of amendments to Pennsylvania’s Auctioneer Licensing and Trading Assistant Registration Act, 63 P.S. § 734.1 et seq.
Business, commercial & litigation matters
- Represented a junior lien holder in a dispute involving Islamic banking and conventional finance. The client took title to and liquidated property valued at $2,000,000 on a $400,000 subordinate mortgage.
- Represented a client in a bad faith insurance coverage matter against a major title insurance company. The insurer satisfied the client’s mortgage and issued a significant settlement payment.
- Obtained an injunction stopping the operations of a scrap metal recycling company intruding on a residential neighborhood.
- Represented a high-profile state judge in judicial disciplinary proceedings.
Government experience
Counsel within
the Commonwealth.
As Chief Counsel for the Pennsylvania Department of Community and Economic Development—the Commonwealth’s principal economic development financing agency—George worked with financing programs, public entities, and real estate matters.
He also represented the Pennsylvania Industrial Development Authority, Pennsylvania Economic Development Financing Authority, Pennsylvania Minority Business Development Authority, and Governor’s Center for Local Government Services.
Speaking & industry education
Sharing a working
knowledge of auction law.
George speaks to auction-industry groups about contracts, ethics, best practices, risk management, and developments in the law. His presentations have included the National Auctioneers Association and state auctioneer associations in Pennsylvania, New Jersey, Maryland, Arkansas, South Dakota, West Virginia, Virginia, New York, Colorado, Illinois, Indiana, Michigan, Kansas, Kentucky, and South Carolina.
He teaches auction law and ethics in auctioneering programs in Pennsylvania, North Carolina, and Indiana and provides continuing education programs.
His writing has appeared in the Pennsylvania Auctioneers Association’s Keystone Auctioneer, the National Auctioneers Association’s Auctioneer, and the Michigan Auctioneers Association’s magazine. He has also discussed auction-law issues as a guest on Andy Imholte’s Fast Talking Podcast.
Topics addressed
- Buyer’s premiums, bidder participation, and contract terms
- Statute of frauds issues and sales of personal property
- Provenance, disclosure obligations, and “AS IS” disclaimers
- Escrow, payment disputes, and credit card chargebacks
- Seller withdrawal; absentee, telephone, and online bids
- Remote bidders, applicable law, jurisdiction, and tax questions
- Uniform Commercial Code issues, including Section 2-328 and reopening bidding
George Michak presenting to the auction industry.
Education & early career
The foundations
of the practice.
- Vermont Law SchoolJ.D., magna cum laude.
- Penn State UniversityMaster’s degree in Public Administration; University Fellowship.
- King’s CollegeBachelor of Arts in Government.
- Vermont Supreme CourtJudicial clerkship with the Honorable John A. Dooley III.
West Virginia Law Review Online
Alex Lyon & Son, Sales Managers & Auctioneers v. Leach: Auction Contracts, Bidder Qualifications, Offer and Acceptance, Waiver, and the Fallacy of Treating All Bidders the Same
By George A. Michak
Contact Michak Legal
Discuss your next step.
Contact George Michak to discuss your matter, your priorities, and the options available.
Or call 717.458.1822