Michael Kaeding has more than 12 years of courtroom experience successfully resolving his clients' most challenging disputes, including complex business, white collar criminal, intellectual property, healthcare, and products liability litigation. Mr. Kaeding has experience in all phases of civil and criminal trial and appellate practice, having tried cases to verdict and argued both state and federal appeals. He has litigated cases in 15 states and the District of Columbia and has extensive experience in both domestic and international arbitrations, regulatory proceedings, class actions, and MDL or other coordinated proceedings. Mr. Kaeding also has extensive experience representing individuals and businesses in connection with criminal investigations, including grand jury and post-indictment proceedings.
Outside the courtroom, Mr. Kaeding leverages his litigation experience to help clients avoid liability through the implementation of proactive measures designed to reduce risk without interfering with strategic business and other objectives. In this regard, Mr. Kaeding regularly handles internal corporate investigations and interfaces with law enforcement and regulators to resolve such matters quietly and without the need for further criminal, civil, or regulatory proceedings. Mr. Kaeding also regularly counsels clients regarding their interaction with state and federal regulatory agencies responsible for consumer product safety, recalls, reporting obligations, and compliance with state, federal and international consumer safety laws, including the Consumer Product Safety Improvements Act and California's Safe Drinking Water and Toxic Enforcement Act (Proposition 65).
Mr. Kaeding was named in 2009, 2010 and 2011 as a "Litigation Future Star" among Georgia litigation attorneys by the Benchmark: Litigation legal guide and regularly serves as a trial instructor for the nationally recognized Emory Law School Trial Techniques program.
Professional & Community Activities
Emory University School of Law, Kessler/Edison Trial Techniques Program, Instructor
Freedom Writers Mentor at Washington High School, Atlanta, GA
Upper-School Parent Volunteer Association at Holy Spirit Preparatory School, Atlanta, GA, President
Industries
Banking & Credit Unions; Financial Services; Health Care; Chemical
Experience
Breach of contract and breach of fiduciary duty for a large financial institution, The firm represented a large financial institution in defense of breach of contract and breach of fiduciary duty claims brought by another major bank arising out of the sale and servicing of a portfolio of subprime mortgages. Case settled following factual investigation and motion practice.
The Coca Cola Co. v. PepsiCo Inc., et al., Represented Pepsi-Cola Co. and PepsiCo in a patent infringement suit brought by Coca-Cola in the Northern District of Georgia involving bag-in-box technology used to store and dispense syrup used to create soft drinks in soda fountains. The court granted Pepsi's Motion for Summary Judgment, finding that the technology was substantially different from what was described in the Coke patent. PepsiCo's use of this technology did not infringe Coke's technology described in the asserted patent, and therefore, did not infringe the patent.
The Coca Cola Co. v. PepsiCo Inc., et al., 500 F. Supp.2d 1364 (N.D. Ga. 2007).
Defense of breach of fiduciary duty claims and pursuit of insurance coverage for directors and officers of high-technology company and related investment funds, Defended former directors and officers of high-technology company and related investment funds against breach of fiduciary duty, fraud, and other claims following a merger transaction. The defense involves management of complex litigation, including a suit in state and federal court in Louisiana brought by the founder of the company, a separate putative class action in the Delaware Court of Chancery filed on behalf of all common shareholders, and various insurance coverage disputes with two insurers, including a suit filed on behalf of the company in federal court in North Carolina.
Litigation for Columbian cement supplier, Represented a Columbian cement supplier in Uniform Commercial Code dispute with buyer in the United States regarding the price the supplier paid for cement under a large multi-year supply contract. After developing a series of creative legal arguments in favor of altering the referenced contract price, the matter settled on favorable terms for the client.
Multimillion dollar arbitration for a financial services corporation, Served as lead counsel and successfully defended a financial services corporation in a multimillion dollar arbitration concerning a dispute over an automated call processing services and whether its activities fell within the scope of a technology license. After implementing an aggressive trial strategy, the plaintiff agreed to enter into a new license for a fraction of what it claimed as damages in the arbitration. We also persuaded former shareholders of the company to pay a substantial part of the new license fee.
Complex business litigation for telecommunications company, Represented a telecommunications company in a dispute with its joint venture partner relating to the provision of mobile wireless telecommunications services on cruise ships in international waters. The dispute centered around the development of a mobile application that would directly compete with an offering provided by the joint venture. The joint venture partner announced its plans to launch the application at one of the cruise industry's largest and most important annual expositions, implicating trade secret concerns, contractual issues, and confidentiality restrictions. The dispute was resolved before the need for court intervention.
Federal and state grand jury proceedings for multiple clients, Represented companies in federal and state grand jury proceedings.
State and federal criminal inquiries and assistance in compliance with regulatory requests, Counseled clients on state and federal criminal inquiries and assisted in compliance with regulatory requests.
Represented leading financial protection company in multi-million dollar rescission action and in disputes with placing agents, The firm served as lead counsel on behalf of a leading financial protection company in connection with multiple lawsuits seeking to rescind $40 million in fraudulently obtained life insurance and millions in related premiums. The firm successfully defended an appeal before the 11th Circuit Court of Appeals and secured a $1.4 million award against a former agent who received commissions in connection with fraudulent policies.
Representation of community bank and bank president in FDIC investigation, Successfully represented bank and bank president in connection with an FDIC investigation arising out of the high profile failure of a community bank.
Class action suit for major hospital, Represented a major hospital in a multimillion dollar, putative class action involving billing practices for managed care patients. During discovery, plaintiffs' counsel agreed to settle the matter for pennies on the dollar.
Suffolk Construction Company v. Interface Flooring Systems, et al., Successfully represented Interface, Inc., a leading manufacturer of carpet tiles, in a series of product liability cases filed in Massachusetts, Virginia, Vermont and Pennsylvania alleging more than $100 million in property damage caused by client's product. Settled cases following extensive motion practice and depositions of plaintiffs' experts.
Representation in federal grand jury investigation for community bank, Successfully represented community bank in connection with a federal grand jury investigation into alleged criminal activity by a former bank employee
*Experience gained by attorney prior to joining Kilpatrick Townsend
Publications
18 February 2009, The Consumer Product Safety Improvement Act - Consumer Product Safety Commission Provides Limited Interim Relief, Legal Alerts
News
05 January 2012, Six Kilpatrick Townsend Attorneys Named to the Fifth Annual Edition of Benchmark Litigation, News Releases
Events
19 October 2011, Maximizing Your Insurance Assets: Directors and Officers Liability Insurance, Events