Overview

Mike has more than 36 years of experience with class actions and other complex cases, including wage-hour class actions and collective actions, consumer products class actions, racketeering (RICO), and labor disputes with unions and employee groups.  He has tried more class actions and representative actions to verdict than perhaps any other attorney in the country. He has spent 215 trial days in court, including in a dozen class actions or other representative actions tried to verdict, the majority of which have resulted in zero recoveries by the plaintiffs.

Mike has earned multiple awards for his aggressive, innovative and successful track record, including The American Lawyer’s 2015 “Litigator of the Week,” The National Law Journal’s 2016 “Litigation Trailblazer” and Law 360’s 2016 “Class Action MVP.”

Mike helps his clients to avoid litigation but, if they are sued, to successfully navigate pretrial proceedings, trials and appeals. In many cases, he has successfully avoided trial by defeating class treatment or winning dismissal on the pleadings or on summary judgment.

Mike’s experience covers a broad spectrum and includes unmanned aircraft systems, antitrust law, bankruptcy, corporate takeover and valuation disputes and claims against former officers/directors, consumer products law, contract disputes, credit counseling law, foreign military sales, Foreign Corrupt Practices Act, labor and employment law, media law, racketeering (RICO) and securities law.

Mike has litigated at all levels of the federal court system and in the state courts of California, Connecticut, Delaware, District of Columbia, Florida, Maryland, New Jersey, North Carolina, Pennsylvania and Tennessee. He is admitted to practice in the following jurisdictions: US Supreme Court; US Court of Appeals for the 2nd, 3rd, 4th, 6th, 8th, 9th, 10th and 11th Circuits; US District Courts for the District of Columbia, the Middle, Northern, and Southern Districts of Florida, the Eastern and Western Districts of Michigan, and the Central and Northern Districts of Illinois. He held a judicial clerkship with the Honorable Avern Cohn, US District Court for the Eastern District of Michigan.

A regular speaker and writer on the topics of class actions or RICO, Mike has been quoted and mentioned frequently in media coverage of litigation matters and has appeared on CNN and PBS. He is a contributing author to the firms retail industry blog.

Experience

  • Lead counsel in more than 70 class actions for clients in various industries, including consumer products manufacturers and sellers, food processors, security guard service providers, hospitals, and restaurants.
  • Successfully represented a consumer products manufacturer and distributor in putative class actions in multiple states raising legal claims relating to warranty terms or service, or replacement parts statutes.  Currently representing same manufacturer/distributor in multiple cases arising out of sales of consumer household products, including claims relating to design or advertising/sale issues.
  • Currently representing on appeal a battery manufacturer against one of the Department of Labor’s top enforcement actions for alleged wage-hour violations at 24 factories. In May 2023, jury returned a verdict that rejected all of the government’s claims on behalf of non-uniformed employees, rejected the government’s claim that the employer willfully violated the law, and rejected 80% of the government’s claimed damages. The district court called the trial probably the largest ever under the FLSA, and it was the longest case in the judge’s 20 years on the bench. In post-trial rulings, the Court limited injunctive relief to the new pay practices developed in consultation with counsel, and denied the Secretary’s motion for liquidated damages of $22.25 million (constituting the largest dollar value loss in history for a DOL claim for liquidated damages).  Both sides have cross-appealed.
  • Successfully represented a consumer products manufacturer and distributor in settlement negotiations and obtained settlement approval over the objections of well-known objector’s counsel Ted Frank. In Re: Samsung Top-Load Washing Machine Marketing, Sales Practices And Products Liability Litigation, MDL Case No. 17-ml-2792-D, 2020 WL 2616711 (W.D. Okla.), aff’d, 997 F.3d 1077, No. 20-6097 (10th Cir. May 7, 2021).
  • Successfully represented a producer of premium poultry products in a claim by a New York grocery store chain that the producer was discriminating against it due to its customers being located primarily in majority-minority neighborhoods, whereas the producer sold to other grocery store chains in primarily white-majority neighborhoods. Citing U.S. Census data, demonstrated that publicly available facts of which the court could take notice disproved the allegations. In addition, court dismissed the complaint in its entirety for failure to plausibly plead discriminatory intent, or the existence of a contract or prospective contractual relations with wholesalers.
  • Successfully represented a policyholder against a major insurance carrier to recover for damages sustained in Hurricane Irma.
  • Successfully represented a consumer products distributor for claims relating to alleged deceptive inclusion of software on a product to boost product reviews.
  • Successfully represented a major retailer against a claim by the purchaser of a vacant store for the condition at the time of surrender after five tenants occupied space over a 30-year lease.
  • Successfully represented a major provider of temporary labor against putative class claims relating to state wage-hour laws applicable to pre- and post-shift activities, breaks, meal periods, and pay upon termination.
  • Tried an ICC arbitration in Switzerland relating to commercial supply dispute between a “drone” manufacturer and US customer.
  • Successfully opposed class treatment in a putative class action against a major household appliance company on alleged product defect claims originally including a proposed class of over 54 million owners that plaintiffs’ expert valued at nearly $11 billion.
  • Lead counsel in more than three dozen class-action and secretary of labor cases involving wage-hour rights of employees at a major restaurant chain and food processing companies.  One case resulted in a complete defense verdict after only four hours of jury deliberations, leading the case to be listed in The National Law Journal’s “Defense Hot List” in 2006.  Another two verdicts were reversed on appeal after Mike argued both on the same day before the Eighth Circuit, leading to Mike being named “Litigator of the Week” by the American Lawyer in 2015.
  • Lead trial counsel for a major food-processing company in an eight-week jury trial in an action brought by the US Secretary of Labor seeking back wages for “donning and doffing” by employees. Obtained a mistrial when jurors did not unanimously agree on verdict.
  • Lead counsel for a trade association in an action alleging Lanham Act and cyber-piracy violations based on fraudulent impersonation of association's personnel and web site.
  • Led, for a multinational client, the domestic litigation strategy in response to a threatened international cyber-attack
  • Served as co-counsel in a landmark trial of tort claims brought by a major supermarket chain against a television network for an undercover effort that resulted in a segment on PrimeTime Live.
  • Defended at two trials the securities and racketeering claims made by investors against a major real estate developer.
  • Represented both plaintiffs and defendants in numerous civil racketeering cases, including the defense of one of the nation’s leading home builders and one of the nation's largest hospital chains, and prosecution of a civil RICO case against a major union for one of the nation’s largest grocery store chains.

Accolades

Honors & Recognitions

  • Recommended for Product Liability, Mass Tort and Class Action: Defense - Toxic Tort, Legal 500 United States, 2020
  • President’s Award, Association of Florida Management Attorneys, October 12, 2018
  • Named among 52 Litigation Trailblazers, National Law Journal, 2016
  • Selected as a Class Action MVP, Law360, 2015 (1 of 5 nationally)
  • Selected as Litigator of the Week, American Lawyer, August 27, 2015
  • Selected as a Super Lawyer for Class Action/Mass Torts, DC Super Lawyers magazine, 2007, 2013-2020
  • AV® Peer Review Rated in Martindale-Hubbell

Affiliations

Professional

  • Former Chair, Litigation Committee, Bar Association of the District of Columbia
  • Former Chair, Civil RICO Committee; Antitrust Section, American Bar Association
  • Former Management Co-chair, Labor and Employment Law Section; Antitrust, RICO and Labor Law Committee, American Bar Association
  • Member, Editorial Advisory Board, Civil RICO Report and the Advisory Board of the RICO and Securities Fraud Law Reporter
  • Member, Federal Bar Association
  • Member, Miami-Dade County Bar Association
  • Member, Collier County Bar Association
  • Member, Southwest Florida Federal Court Bar Association
  • Master of the Bench, Michael R. N. McDonnell American Inn of Court (formerly Thomas S. Biggs American Inn of Court)
  • Academy of Florida Management Attorneys, Sergeant-at-Arms (Oct. 2023-present)
  • Bar Association of D.C. (Voluntary Bar)
  • Collier County Women’s Bar Association

Insights

Events & Speaking Engagements

  • October 16, 2024
    Event
    Keynote Panelist
    How to Successfully Navigate Cross-Border Disputes, 2024 Seoul Global Conference: Cross Border Litigation and Transactions Under a New Legal Paradigm, Seoul, New York Bar Association
  • February 14, 2024
    Event
    Panelist
    Donning and Doffing: Insights from Trial Practitioners, Mid-winter meeting of ABA’s Fair Labor Standards Legislation Committee
  • January 12, 2024
    Event
    January 12, 2024
    “How to Prepare For And Try a High-Stakes Employment Case,” Academy of Florida Management Attorneys
  • July 21, 2022
    Event
  • October 8, 2021
    Event
    Presenter and Moderator
    Hot FLSA Topics, Association of Florida Management Attorneys
  • May 18, 2021
    Event
    Speaker
    “Biden Administration Labor & Employment Priorities/Potential New Policies” (discussion of proposed legislation and regulatory changes under President Biden), Miami-Dade County Bar Association Labor & Employment Law Committee, Miami, FL
  • April 1, 2021
    Event
    Speaker
    “Biden Administration Labor & Employment Priorities/Potential New Policies” (discussion of labor and employment issues in Biden Administration), Greater Miami Chamber of Commerce, Miami, FL
  • June 25, 2020
    Event
    Speaker
    “COVID-19 Legal Part 2: Labor & Employment Issues for Work Reopening,” Greater Miami Chamber of Commerce Webinar Series
  • April 7, 2020
    Event
    Presenter
    “A continued discussion of COVID-19 Employment Law Issues: Tackling the application of the FFCRA and practical HR solutions to the new workplace reality,” Greater Miami Chamber of Commerce Webinar Series
  • January 14, 2020
    Event
    Presenter and co-author
    Malpractice Traps for Lawyers (discussion of Florida Bar Rules and Ethics Opinions), Michael R. N. McDonnell American Inn of Court, Naples, FL
  • October 12, 2018
    Event
    Discussion Leader
    “Obtaining MDL Treatment of FLSA cases,” annual meeting of Association of Florida Management Attorneys
  • April 5, 2018
    Event
    Moderator
    “The Legal Implications of the #MeToo Movement,” panel discussion by Greater Miami Chamber of Commerce’s HR & Workforce Development Committee
  • March 24, 2017
    Event
    Speaker
    “The Changing HR Landscape:  A Post-Inauguration Overview” (discussion of labor and employment issues in Trump Administration), Greater Miami Chamber of Commerce, Miami, FL
  • February 23, 2017
    Event
    Presenter
    “What Wage and Hour Case is Susceptible to Class Relief and What is Not:  Has The Tyson Foods v. Bouaphakeo Decision Helped Us Answer That Question?”, panel presentation at ABA Section of Labor & Employment Fair Labor Standards Committee Midwinter meeting, Playa Del Carmen
  • January 10, 2017
    Event
    Co-captain of team and one of presenters
    Judge Dread: The Seven Canons of Judicial Ethics, Michael R. N. McDonnell American Inn of Court, Naples, FL
  • October 15, 2016
    Event
    Presenter
    “How Labor Unions Work With Private Plaintiffs’ Counsel to Assemble and Support FLSA Collective Actions,” Association of Florida Management Attorneys
  • July 15, 2016
    Event
    Speaker
    “The 2016 Tyson Foods Decision: Game Changer or Chicken Feed?” panel discussion sponsored by the ABA Antitrust Section’s Civil Practice and Procedure Committee
  • April 26, 2016
    Event
    Speaker
    Use of Statistical Evidence to Establish Classwide Liability: Is The Tide Turning With The Supreme Court's Recent Decision of Tyson Foods, Inc. v. Bouaphakeo, ABA Section of Litigation Roundtable
  • March 15, 2016
    Event
    Guest Lecturer
    FLSA Collective Actions, University of Miami Law School, Miami, Florida
  • March 10, 2016
    Event
    Moderator and presenter
    Certification Through Statistical Sampling In No Injury Class Actions, sponsored by ABA Torts and Insurance Practice Section, New Orleans, Louisiana
  • March 8, 2016
    Event
    Speaker and White Paper (Co-author)
    Preparing For And Structuring A High-Stakes Trial, presented to the Thomas S. Biggs American Inn of Court in Naples, Florida
  • March 4, 2016
    Event
    Defense counsel presenter
    Mock Trial on sexual harassment claim, sponsored by HR & Workforce Development Committee of the Greater Miami Chamber of Commerce
  • February 22, 2016
    Event
    Speaker
    Modern Class Action Litigation: Hydraulic Pressure, sponsored by Miami C-Suite Forum

Publications

News

Education

JD, University of Michigan Law School, cum laude, Managing Editor, University of Michigan Journal of Law Reform, 1985

AB, University of Michigan, with highest distinction, Member, Phi Beta Kappa, 1982

Admissions

District of Columbia

Illinois

Florida

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