Michael Kendall

Partner, Boston

Biography

Michael Kendall is “a superlative trial lawyer and tactician in complex white-collar cases” who “takes the time to understand what the client wants to achieve and achieves it on time and on budget.”
Chambers 2021

Overview

Michael Kendall represents corporations and individuals in criminal and civil regulatory matters and in complex business litigation. Chambers ranks Michael in Band 1 and describes him as "a superlative trial lawyer and tactician in complex white-collar cases" who "takes the time to understand what the client wants to achieve and achieves it on time and on budget." Benchmark Litigation (2023) named Michael as one of the Top 100 Trial Lawyers in the United States and as a Litigation Star. Legal 500 (2021) said that he "stands out for his healthcare sector work, as well as for his knowledge of matters sitting at the nexus of antitrust and securities law."

Michael counsels boards and companies on crisis management and conducting international investigations. He has represented clients in investigations by the Department of Justice, SEC, Office of the Comptroller of the Currency, state Attorney Generals, class action plaintiffs, and numerous foreign governments. He works closely with corporate teams to conduct due diligence for domestic and international transactions and to implement corrective actions. 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. He is the Executive Office Partner and founding partner of the Firm's Boston office.

Michael has a diverse trial practice representing companies and individuals in civil and criminal trials. He has won 10 out of his last 12 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.

Government experience

Michael worked for seven years for the DOJ, 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 Attorney General's staff as Deputy Associate Attorney General and Counselor in the US.

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
MPP
John F. Kennedy School of Government
AB
Harvard College
Languages
English

Experience

Trials and Dismissals

  • United States v. Wilson, Varsity Blues criminal trial, case on appeal.
  • 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 $5.6 billion in fines and penalties as part of the largest criminal antitrust case brought by DOJ (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; case resolved as pretrial diversion with dismissal of all charges.
  • 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 Massachusetts 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).*
  • United States v. Usher, represented London banker in OCC regulatory action; OCC unilaterally dismissed case with prejudice before trial.
  • 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 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 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; 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.

Antitrust

  • Represented 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 major biotech company in Walker Process claims brought by Hoffman LaRoche, Inc.; claims dismissed.*

FCPA, Securities and Ethics

  • Defended 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 private equity investor and chairman of the board in DOJ and SEC securities investigation after company issued financial restatements, and stock price decreased by 80%; investigation dropped. 
  • Represented European technology company in FCPA investigation in South Asia.*
  • Represented Fortune 75 telecommunications company in FCPA investigation in Middle East.*
  • Represented European businessman in Special Prosecutor’s investigation of Trump-Russia issues

Tax

  • Represented investor in German cum-ex tax case. Case resolved on terms favorable to client.
  • 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 international healthcare company in M&A dispute with National Century Financial Enterprises (NCFE), and uncovered $1.9 billion Ponzi scheme that forced NCFE into bankruptcy and led to convictions of 10 of its officers and directors.*
  • Defended 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

  • Represented biotech company in one-week arbitration over dissolution of joint venture. The decision is confidential.
  • 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. Complete victory and fee award for client.*
  • Defended a healthcare company in a two-week-long LCIA arbitration in London over termination of a European distributor. The decision 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

  • Currently represent wrongfully convicted prisoner who has spent over 26 years on death row in Mississippi.
  • O’ Loughlin 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 four clients in successfully securing compensation for wrongful convictions.*    

*Matters prior to joining White & Case.

Awards and Recognition

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