Michael has extensive experience in antitrust litigation, government antitrust investigations, internal investigations and antitrust counseling. He has had lead roles in major antitrust litigation throughout the country including a number of antitrust lawsuits brought parallel to government investigations, brought as class actions, and comprising multi-district litigation. He has litigated a wide spectrum of substantive antitrust issues, including allegations of price-fixing conspiracies, bid-rigging, monopolization attempts, boycotts and customer allocation claims. He has significant background in formulating defenses to class certification of antitrust claims. His experience encompasses representation of a variety of industries including pharmaceutical manufacturers, insurers, and equipment manufacturers. He has special expertise in the scope or applicability of antitrust exemptions such as the McCarran-Ferguson Act relating to the insurance industry. Michael is also counsel to the Legal Issues Committee of the board of one of the nation's largest insurers.
He has been recognized by Chambers USA as a leading antitrust lawyer in Illinois. He was named anIllinois Super Lawyer for antitrust litigation by the corporate counsel edition of Super Lawyers magazine.
Notable Experience
· In re Insurance Brokerage Antitrust Litigation, (District Court of New Jersey) - representation of commercial insurer defendant in a purported Sherman Act/RICO class action against insurance brokers and insurers
· Berco Construction, et al. v. Westamerica Insurance, et al. (Circuit Court of Madison County, Illinois) - alleged statewide class action asserting insurer overcharges
· Chairperson, Joint Defense Committee, Voluntary Market Premium Litigation (14 alleged statewide or nationwide class action lawsuits alleging conspiracies to violate state insurance regulations and overcharge policyholders for insurance)
· BCBSM, Inc. v. Abbott Laboratories, et al, (Circuit Court of Cook County, Illinois) - Chicago counsel to Geneva Pharmaceuticals, Inc. in a case brought by multiple Blue Cross/Blue Shield entities alleging a conspiracy to keep generic drugs off the market in violation of the antitrust laws of 15 states
· Bristol Hotel Management, et al. v. NCCI, et al., (U.S. District Court for the Southern District of Florida) - Sherman and Florida Antitrust Act claims dismissed; briefed and argued
· CR/PL, et al. v. Kemper, et al., (Circuit Court of Cook County, Illinois) - lead defense counsel for ten defendants, briefed, and argued successful motion to dismiss Illinois Antitrust Act claim; class certification hearing pending
· Brand Name Prescription Drug Antitrust Litigation, (U.S. District Court for the Northern District of Illinois) - Chicago counsel for trial defendant Novartis
· AARP, et al. v. Home Insurance, et al., (Wayne County Circuit Court, Detroit, Michigan) - antitrust claim dismissed, class certification denied
· Foodarama, et al. v. CIGNA, et al., (Superior Court of Morris County, New Jersey) - class certification denied
· Sandwich Chef of Texas, Inc. v. Reliance National Indemnity Insurance Co., 319 F.3d 205 (5th Cir. 2003) - principal counsel on briefing of successful appeal from nationwide RICO class certification
· Bonner v. Globe Life, 05 CV 285 - defense of purported Fair Credit Reporting Act class action alleging improper use of credit information
Pro Bono
· People v. Boclair, successful appeal of death penalty sentence
Recent Speaking Engagements and Publications
· Speaker, Panel Moderator, "The Obama Administration and the Future of Antitrust, Corporate and Financial Regulation - A New Day in Antitrust Enforcement," Incisive Media 21st Annual General Counsel Conference, New York, June 2009.
· Speaker, "The Class Action Fairness Act: Reflections on the First Year," NorthStar Class Action Litigation Summit, New York, June 2006.
· Speaker, "Lessons Learned from Dukes v. Walmart," Strafford Conferences, March 2006.
· Speaker, "The New World of Compliance and Ethics," Chartered Property Casualty Underwriters Society, Chicago, March 2006.
· Speaker, "The Class Action Fairness Act: The Changing Landscape of State And Federal Court Jurisdiction Over Class Actions," Chicago Bar Association, October 2005.
· Speaker, "Class Action Reform" NorthStar Class Action Litigation Summit, New York, June 2005.
· Co-author, "The Use of Neutral Experts in Antitrust Litigation: An Idea Whose Time Has Come," Antitrust Trial Practice Newsletter, Summer 2005.
· Speaker, "Legal and Practical Defense Tactics In Insurance Class Actions," NorthStar Class Action Litigation Summit, Washington, D.C., June 2004.
· Speaker, "Ratemaking & Rate-Related Practices," Basics of Insurance Antitrust, ABA Section on Antitrust Law, Insurance Industry Committee, San Antonio, October 1997.
· Speaker, "Insurance Antitrust: Coming of Age In The '90s."
· Author, "How to Avoid Being Blindsided at Trial," Litigation Vol. 17, No. 1, Fall 1990.
News & Publications
April 7, 2010, Supreme Court Holds that New York Statute Barring Class Actions is Preempted by Federal Rule 23
Memberships
· American Bar Association
· Chairman, Antitrust Section Insurance Industry Committee: 2001 - 2004
· Vice Chair, Antitrust Section Trial Practice Committee: 2004 - 2007
· Advisory Board, Antitrust Section, Insurance and Financial Services Committee
· Illinois State Bar Association
· Chicago Bar Association
· University of Chicago Law School Visiting Committee
· Ohio Wesleyan University Board of Trustees: 2012 -