Michael Kendall

Partner, Boston

Biography

“…Michael Kendall is a sought-after trial attorney for both criminal and civil matters, specializing in health care, international arbitrations, and FCPA investigations.”
Benchmark Litigation 2015, Massachusetts

Overview

Michael Kendall represents clients in criminal and civil regulatory matters and in complex business litigation. A significant part of Michael's practice involves representing healthcare companies and clients in cross-border disputes. He is the Managing Partner of the firm's Boston office.

He has successfully tried to verdict numerous cases in federal and state courts and before arbitration panels. His regulatory matters involve the False Claims Act, Foreign Corrupt Practices Act, securities laws, tax laws, and antitrust laws. His civil experience includes cases involving patents, joint venture disputes, private equity investments, trust and fiduciary issues, antitrust, and healthcare. Michael is also experienced in appellate matters.

He has an active pro bono practice, focusing on representing the wrongfully convicted.

Michael worked for seven years for the Department of Justice, serving as an Assistant US Attorney in the District of Massachusetts from 1989 to 1996. He prosecuted cases involving public corruption, organized crime, and drug trafficking. He also served as Deputy Associate Attorney General and Counselor in the US Department of Justice in 1992, where he worked closely with the Antitrust and Tax Divisions. Prior to joining White & Case, Michael was head of the white collar defense practice of an international law firm.

Bars and Courts
Massachusetts State Bar
England and Wales (Registered Foreign Lawyer)
Education
JD
Harvard Law School

1984

MPP
John F. Kennedy School of Government

1984

AB
Harvard College

magna cum laude, 1979

Languages
English

Experience

Trials

  • United States v. Usher, represent UK national in three week criminal trial in U.S. District Court for SDNY; client acquitted of antitrust conspiracy to price-fix foreign exchange rates; defendants' employers had pled guilty and paid $10 billion in fines and penalties (2018).
  • United States v. Ackerly, represented defendant in three-week criminal fraud and honest services trial in US District Court in Boston; mistrial declared, client convicted on retrial; conviction overturned and new trial granted because of improper cross-examination (2018-19).
  • 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 murder conviction after client had spent 24 years in prison; affirmed, 150 A.3d 179 (2016)
  • Genzyme Corp. v. Zimmer, Inc. and Seikagaku Corp., represented defendants in two-week trial in US District Court in Boston over medical device patent. Jury found clients did not infringe, and invalidated plaintiff's patent (2012).*
  • Shelton v. Tamposi, defended trust fiduciary defendants in 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 trustee and beneficiary and ordered to pay legal fees. Affirmed, 164 N.H. 490 (2013).*

FCPA and Securities

  • 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 highly favorable to client.
  • Represent private equity investor in DOJ and SEC securities investigation.
  • Represented European technology company in FCPA investigation in South Asia.*
  • Represented Fortune 75 telecommunications company in FCPA investigation in Middle East.*

False Claims Act and Healthcare

  • Represented nationwide laboratory testing company/manufacturer in qui tam case involving issues of medical necessity, physician relationships, and pricing issues. DOJ declined to intervene; relator dismissed complaint.
  • Represented a pharmaceutical manufacturer in nine qui tam cases and federal-state investigations of off-label promotion, overfill, kickbacks, and pricing.*
  • Represent device company in DOJ investigation of Anti-Kickback Statute and medical necessity issues.
  • Represent national hospice provider in qui tam investigation involving medical necessity issues. Government declined to intervene.
  • Represent defendant in Sultan v. PWC, qui tam litigation challenging sale of multi-billions of dollars of food to US Defense Department.

Antitrust

  • Represent a Japanese company in an auto parts cartel investigation conducted by the US DOJ.
  • Defended major biotech company in Walker Process claims brought by Hoffman LaRoche, Inc.; claims dismissed.*

Tax

  • Represented business owner indicted for income tax evasion; government dismissed case prior to trial due to its witness misconduct.*
  • Represented 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.*

Civil Litigation

  • Represented an international healthcare company in a merger and acquisition dispute with National Century Financial Enterprises (NCFE) which uncovered a $1.9 billion Ponzi scheme that forced NCFE into bankruptcy and led to convictions of 10 of its officers and directors.*
  • Defended a managed care company in eight class actions in Florida, Illinois, Louisiana, Massachusetts, and Pennsylvania state and federal courts over physician reimbursement, including use of PPOs and claims pricing databases. The court denied class certification. Secured a settlement of all Ingenix and PPO claims for injunctive relief with no payment to class.*

Arbitration

  • Defended a Turkish entrepreneur in a two-week-long arbitration before London International Chamber of Commerce in a dispute with a US private equity fund. The decision is confidential.*
  • Defended a healthcare company in a two-week-long LCIA arbitration in London over termination of a European distributor. The result is confidential.*
  • Defended a healthcare company in an AAA arbitration over liability to private payors arising from a $345 million settlement of Medicare fraud claims. The panel denied class certification and the case was dismissed without payment to plaintiff.*

Pro Bono

  • Doe v. Middlesex, persuaded prosecutor to dismiss client's 30 year old conviction for raping 11 year old child based on discovery of actual perpetrator.*
  • Represented 3 clients in successfully securing compensation for wrongful convictions.*
  • Supervised cases establishing right of Muslim prisoners to practice religious beliefs and for transgender prisoner to receive medical treatment.*

 

*Matters prior to joining White & Case.

Awards and Recognition

Chambers USA 2015, Massachusetts - Litigation: White-Collar Crime & Government Investigations

Best Lawyers in America, 2016-2011

Local Litigation Star, Benchmark Litigation, 2016-2013, 2010-2009

Client Service All-Star, BTI Consulting Group, 2016-2015, 2012-2009