Michael Kendall is a nationally recognized trial lawyer and white-collar practitioner who represents corporations and individuals in high profile criminal and civil regulatory matters and in complex business litigation.
Clients turn to Michael for his expertise in crisis management and conducting complicated, multi-jurisdictional corporate civil and criminal litigation. Michael has won 10 out of his last 13 trials and arbitrations. The government has unilaterally dismissed three cases against his clients shortly before trial following the exposure of misconduct in the government's cases. He has tried cases in several of the Justice Department's most significant prosecutions, including the London Foreign Exchange Market, opioids, and the Varsity Blues-College Admissions case.
His civil work includes representing healthcare companies, private equity funds, financial institutions, and other businesses in antitrust, securities, contract, and commercial tort disputes.
Chambers USA (2022) ranks Michael as a Band 1 individual and describes him as "a really accomplished trial lawyer who gets fabulous results… (and) is willing to take very tough cases to trial if that is what is best for the client." Benchmark Litigation (2023) named Michael as one of the 100 Best Trial Lawyers in the United States. The Legal 500 US (2022) said that he "is a trial lawyer who is second to none."
Michael has represented clients in investigations by the U.S. Department of Justice, the U.S. Securities and Exchange Commission, the Office of the Comptroller of the Currency, states Attorneys General, and numerous foreign governments. Much of his experience involves managing government investigations that also generate related civil class actions or other litigation or arbitrations. He also works closely with corporate teams to conduct due diligence for domestic and international transactions and to implement corrective actions.
Michael is the founding partner of the Firm's Boston office.
Michael worked for seven years for the U.S. Department of Justice, serving as an Assistant US Attorney in the District of Massachusetts. He prosecuted cases involving public corruption, organized crime, and drug trafficking. He also served on the U.S. Attorney General's staff as Deputy Associate Attorney General and Counselor.
Trials and Dismissals
- United States v. Wilson, Varsity Blues criminal trial, all fraud and bribery counts reversed on appeal.
- Confidential arbitration over dissolution of biotech joint venture and licensing rights.
- United States v. Usher, represented London banker in a three-week criminal trial in US District Court for SDNY; client acquitted of antitrust conspiracy to price-fix foreign exchange rates; defendants' employers had pleaded guilty and paid $10 billion in fines and penalties. OCC unilaterally dismissed a second case with prejudice before trial. (2018).
- United States v. Ackerly, represented defendant in a three-week criminal fraud and honest services trial in US District Court in Massachusetts; mistrial declared, client convicted on retrial; conviction reversed because of improper cross-examination; charges dismissed (2018-22).
- O'Loughlin v. Commonwealth of Massachusetts, two-week trial for compensation for client wrongfully convicted and imprisoned for rape of a child; client found innocent and awarded five million dollars (2018).
- Tempest v. Rhode Island, six-week trial in RI state court overturning wrongful murder conviction after client spent 24 years in prison; affirmed, 150 A.3d 179 (2016).
- Shelton v. Tamposi, defended trust fiduciary defendants in a six-week trial in NH state court over the administration of family trusts and business. Clients won on all issues, and plaintiffs were removed as trustees and beneficiary and ordered to pay legal fees. Affirmed, 164 N.H. 490 (2013).*
- Genzyme Corp. v. Zimmer, Inc. and Seikagaku Corp., represented defendants in two-week trial in US District Court in Massachusetts over medical device patent; jury found clients did not infringe, and invalidated plaintiff's patent (2012).*
- United States v. Cashman, represented business executive in Teamsters corruption case; DOJ unilaterally dismissed case with prejudice before trial.*
- United States v. Diamont, represented client in criminal tax prosecution; DOJ unilaterally dismissed case with prejudice before trial because its witness falsified records to wrongfully implicate defendant and hide witness's own tax evasion.
False Claims Act and Healthcare
- Represented a nationwide opioid laboratory testing company/manufacturer in qui tam case involving issues of medical necessity, physician relationships, and pricing. DOJ declined to intervene; relator dismissed complaint.
- Represented a biotech company in nine qui tam cases and federal-state investigations of off-label promotion, overfill, kickbacks, and pricing.*
- Represented a managed care company in multiple class actions in state and federal courts. Client won all of the class certification motions, and resolved over $1 billion in claims with a settlement that provided only amended business practices.*
- Represented a device company in DOJ investigation of Anti-Kickback Statute and medical necessity issues.
- Represented a national hospice provider in qui tam investigation involving medical necessity issues. Government declined to intervene; relator dismissed complaint.
- Represented defendant in Sultan v. PWC, qui tam litigation challenging sale of multi-billions of dollars of food to US Defense Department. Motion to dismiss granted.
- Represented the special board committee of a Japanese company in an auto parts cartel and obstruction investigation conducted by DOJ Antitrust Division. Case resolved on terms favorable to client.
- Defended a major biotech company in Walker Process claims brought by Hoffman LaRoche, Inc., claims dismissed.*
FCPA, Securities and Ethics
- Defended a life sciences company in DOJ and SEC investigations of FCPA and revenue recognition issues arising from Africa, Asia, and Latin America. DOJ declined three criminal investigations; SEC settled on terms favorable to client.
- Represented a private equity investor and chairman of the board in a DOJ and SEC securities investigation after company issued financial restatements, and stock price decreased by 80%; investigation dropped.
- Represented a European technology company in an FCPA investigation in South Asia.*
- Represented a Fortune 75 telecommunications company in an FCPA investigation in Middle East.*
- Represented a European businessman in Special Prosecutor's investigation of Trump-Russia issues.
- Represented an investor in German cum-ex tax case. Case resolved on terms favorable to client.
- Represented a securities consultant in investigation involving $8 million in unreported income; government declined case based on mental health issues.*
- Extensive trial and appellate experience litigating Klein conspiracy, specific items, net worth and expenditures, off shore assets, and money laundering cases.*
*Matters handled prior to joining White & Case.
Chambers Band 1, Massachusetts - Litigation: White-Collar Crime & Government Investigations
Best Lawyers in America, 2016-2011
Top 100 Trial Lawyers, Benchmark Litigation, 2023
Local Litigation Star, Benchmark Litigation, 2023, 2016-2013, 2010-2009
Client Service All-Star, BTI Consulting Group, 2016-2015, 2012-2009
Super Lawyers since 2004
Acritas Star 2018