Michael Kendall

Partner, Boston

Biography

Michael Kendall is “extremely practical, very efficient and very results-oriented”
(Chambers 2019)

Overview

Michael Kendall represents corporations and individuals in criminal and civil regulatory matters and in complex business litigation. He is an accomplished trial lawyer. Much of his practice involves counseling boards and companies on crisis management and conducting international investigations. He is the Executive Office Partner and founding partner of the Firm's Boston office.

 

Trial Lawyer 

Michael has successfully tried to verdict nearly 30 criminal and civil cases in federal and state courts and before arbitration panels. Most often, his criminal matters involve antitrust laws, the False Claims Act, the Foreign Corrupt Practices Act, securities laws, tax enforcement laws, and corresponding state laws. His civil trial experience encompasses intellectual property, joint venture, private-equity, trust-and-fiduciary, and healthcare disputes.

Most recently, Michael was lead trial counsel for Richard Usher, who was acquitted of price-fixing the London Foreign Exchange market after a three-week criminal antitrust trial and five hours of jury deliberation in the US District Court for the Southern District of New York. He is also first-chair trial counsel in the US District Court of Massachusetts for a defendant in the ongoing "Varsity Blues" college-admissions case.

His pro bono work focuses on overturning and seeking civil damages for wrongful convictions. He recently won a two-week civil jury trial for compensation for a client wrongfully convicted and imprisoned for rape of a child. The jury found his client innocent and awarded him $5 million in damages. He also successfully overturned a different pro bono client's murder conviction following a six-week trial, resulting in the client's permanent release from prison after having served 24 years.

 

Business Strategist and Advisor

Michael is also a creative strategist who can successfully turn the table back to the actual wrongdoer within a corporate dispute. For instance, in representing a client in a civil-fraud and M&A dispute, Michael uncovered a $1.9B Ponzi scheme orchestrated by the executives of the opposing party. On the basis of evidence Michael assembled in discovery in the civil case, DOJ won 10 criminal convictions of the opposing parties' senior executives, and the opposing parties went into bankruptcy where Michael's client collected damages.

As a governance and compliance advisor, Michael advises boards and special litigation committees concerning various commercial litigation and compliance issues. Michael recently provided crisis management advice to senior management and board members of an international medical-device manufacturer to help close the sale of the company while balancing multiple, cross-border investigations. He represented the special committee of a Japanese manufacturer in a long-running DOJ antitrust and obstruction investigation that resolved on highly favorable terms. He advised a national healthcare company in developing and implementing tailored enhancements to its internal compliance, training, and documentation policies and practices, all of which were central themes in persuading DOJ not to intervene in four whistleblower cases later filed against his client. He collaborated with cross-practice and cross-border colleagues to establish monitoring and compliance practices for an international manufacturer based outside the US and operating on four continents. He also has trained board members and senior executives on various anticorruption, bribery, and competition risks.

 

Investigative counsel

With the benefit of the Firm's global footprint, Michael efficiently coordinates with in-house legal teams and non-legal advisors to investigate cross-border regulatory, civil, and criminal risks. Most recently, Michael represented an international diagnostics manufacturer in DOJ and SEC investigations into accounting issues and FCPA allegations. He coordinated investigations by Firm lawyers in more than 14 countries on four continents, including document review and witness interviews in nine local languages. The DOJ declined to prosecute. The SEC settled its investigation on highly favorable terms.

 

Government experience 

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
US Court of Appeals for the First Circuit
US District Court for the District of Massachusetts
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 a 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 a 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 wrongful murder conviction after client 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 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).*

 

Antitrust

  • ¨    Represented special board committee of a Japanese company in an auto parts cartel and obstruction investigation conducted by the US DOJ.  Case resolved on terms favourable to client.
  • ¨    Defended major biotech company in Walker Process claims brought by Hoffman LaRoche, Inc.; claims dismissed.* 

 

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.
  • Represented 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.*
  • Represented device company in DOJ investigation of Anti-Kickback Statute and medical necessity issues.
  • Represented national hospice provider in qui tam investigation involving medical necessity issues. Government declined to intervene.
  • 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.

 

Tax

  • Represented investor in prominent German cum-ex tax case.  Case resolved on terms favourable to client.
  • 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 three 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 rated, 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

Super Lawyers since 2004

Acritas Star 2018