Michael Kendall | White & Case LLP International Law Firm, Global Law Practice
Michael Kendall
Michael Kendall

Michael Kendall

Partner, Boston

“…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 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, antitrust laws, and murder. His civil experience includes cases involving patents, joint venture disputes, private equity investments, trust and fiduciary issues, antitrust, and healthcare reimbursement. 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

FCPA and Securities

Represent a healthcare company in a DOJ and SEC investigation of FCPA and revenue recognition issues arising from operations in Africa, Asia, and Latin America.

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 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.

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 Trials and Class Actions

Represented defendants in Genzyme Corp. v. Zimmer, Inc. and Seikagaku Corp. in two-week trial over medical device patent.  Jury found clients did not infringe and patent invalid.   

Defended fiduciaries in Shelton v. Tamposi in a six-week trial in New Hampshire over the administration of family trusts and business. Achieved a verdict in favor of clients on all issues, and plaintiffs were ordered to pay legal fees and removed as trustee and beneficiary. The New Hampshire Supreme Court affirmed the trial court's verdict, 164 N.H. 490 (2013).*

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

Tempest v. Rhode Island, six week trial overturning murder conviction, after client had spent 24 years in prison; upheld on appeal by Rhode Island Supreme Court, No. S-15-0257, slip. op (R.I. July 14, 2016).*

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 & Recognition

Massachusetts - Litigation, Chambers USA 2015

White-Collar Crime & Government Investigations

Best Lawyers in America, 2011-2016

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

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