Michael J. (Mike) Tuteur

Michael J. (Mike) Tuteur

Michael J. Tuteur is a partner with Foley & Lardner LLP and chair of the firm's Litigation Department and General Commercial Litigation Practice. He is a member of the Securities, Enforcement & Litigation; Privacy, Security & Information Management; and White Collar Defense Practices. He is also a member of the Food Industry Team.

Mr. Tuteur's practice concentrates on complex commercial litigation, internal investigations and white-collar criminal defense. He was recently selected by his peers for inclusion in The Best Lawyers in America® 2010 in the fields of bet-the-company litigation, commercial litigation and criminal defense: white collar, and has been recognized as one of the nation's leading business litigators by Chambers USA's America's Leading Lawyers for Business. Mr. Tuteur has also been selected for inclusion in the Top 100 Massachusetts Super Lawyers® lists every year since its inception in 2004 and has been recognized as a "Local Litigation Star" by Benchmark Litigation.

Mr. Tuteur represents clients in a broad range of industries, including healthcare, software, biotechnology, insurance, education, advertising, banking and mutual funds. His litigation experience is similarly diverse, and includes securities and syndicated debt disputes, licensing and copyright actions, contract and shareholder suits, and defense of civil false claims actions.

Mr. Tuteur also represents organizations and corporate officers and directors in connection with criminal and regulatory investigations involving alleged health care fraud, securities fraud, mutual fund regulatory violations and banking infractions.

Among the numerous cases he has successfully handled, Mr. Tuteur has:

· Won a $200,000,000 judgment after six years of litigation in a complex federal action arising out of an alleged reinsurance contract

· Won summary judgment, and a subsequent appeal, in a $100,000,000 federal False Claims Act case which alleged fraudulent billing to the U.S. Department of Housing and Urban Development (HUD)

· Litigated and prevailed in an action by a Canadian surgical supply company against a Fortune 50 pharmaceutical firm for breach of an exclusive licensing agreement and bad faith termination

· Won summary judgment for a global advertising company after persuading the court that Ukrainian law governed the action and precluded recovery on the plaintiff's claims

· Favorably settled claims of grant fraud brought by the Department of Justice and the National Institutes of Health against a Boston area university and medical school

· Prevailed in the U.S. Court of Appeals on a claim of ownership and license rights for a patented bio-insecticide Defended various broker/dealers, health care executives, bank directors and a defense department contractor in investigations launched by the U.S. Department of Justice, U.S. Securities and Exchange Commission (SEC) and the Commonwealth of Massachusetts

Mr. Tuteur's reported decisions include:

· Invitrogen Corporation v. President and Fellows of Harvard College, 2008 U.S. Dist. LEXIS 68396 (D.Mass. August 12, 2008)

· U.S. ex rel. K&R Limited Ptp. v. Mass. Housing Finance Agency, 530 F.3d 980 (D.C. Cir. 2008)

· Atlantic Group Ltd. v. The Interpublic Group of Companies, 2007 WL 2049728 (S.D.N.Y. July 16, 2007)

· Hart Surgical v. Ultracision, 244 F.3d 231 (1st Cir. 2001)

· Wright v. U.S., 164 F.3d 267 (5th Cir. 1999)

· Hinchey v. NYNEX, 144 F.3d 134 (1st Cir. 1998)

· Alliance/AFSCME v. Commonwealth, 427 Mass. 546 (1998)

· Alliance/AFSCME v. Commonwealth, 425 Mass. 534 (1997)

· U.S. v. Lebon, 4 F.3d 1 (1st Cir. 1993)

· In re Grand Jury, 988 F.2d 211 (1st Cir. 1992)

Earlier, Mr. Tuteur was appointed special assistant attorney general to represent then-Massachusetts Governors William F. Weld and A. Paul Cellucci in four constitutional cases involving the scope and effect of the governor's veto power. Mr. Tuteur was also named special master by a United States District Court to investigate allegations of document destruction and attorney misconduct. In addition, Mr. Tuteur was appointed an expert witness to the Royal Court of Justice in London, England, to give opinion evidence on the application of U.S. law to the Latin American syndicated debt market.

Before returning to private practice, Mr. Tuteur served as an Assistant U.S. Attorney for the District of Massachusetts, practicing in the Major Crimes Unit and Organized Crime Strike Force.

Mr. Tuteur is a trial adviser in Harvard Law School's Trial Advocacy Workshop and has taught at the Harvard School of Public Health's Continuing Education Program on Corporate Compliance.

Mr. Tuteur's J.D. was conferred magna cum laude from Harvard Law School (1984). He also holds an A.B. from Harvard College (summa cum laude, 1980), where he was named to Phi Beta Kappa.

Mr. Tuteur is admitted to practice in the state of Massachusetts and before the U.S. Courts of Appeals for the First, Second, Fifth, Sixth, D.C. and Federal Circuits, and the U.S. Supreme Court.

Articles and Presentations:

· Co-author, "Privacy Litigation Part Two: Class Action," Privacy Tracker, Vol. 2, No. 5, May 2009

· Co-author, "Tenure Decisions and Academic Freedom," Chapter 2, College and University Law (Robert W. Iuliano)

· Presenter, Association of Corporate Counsel's 2008 Annual Meeting: "Hot Topics in E-Discovery: Are There Any Other Kinds?," Oct. 21, 2008