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

Michael Kendall

Partner, Boston

T +1 617 979 9310

E [email protected]

“…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 $5.6 billion in penalties.

United States v. Ackerly, represented defendant in three-week criminal fraud and honest services trial in US District Court in Boston; mistrial declared (2018).

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

 

Represent private equity investor in DOJ and SEC securities investigation.

Represented healthcare company in DOJ and SEC investigation of FCPA and revenue recognition issues arising from operations in Africa, Asia, and Latin America. DOJ declined three criminal investigations and qui tam. SEC settled on terms highly favorable to client.

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 major 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 nation's third largest hospice provider in internal investigation involving medical necessity issues arising from four qui tam complaints. DOJ 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.

 

Antitrust

 

Represented Japanese company in auto parts cartel investigation conducted by the US DOJ and in successfully resolving confidential civil claims.

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 cooperating witness's 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 international healthcare company in 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. Prevailed on all issues and fees awarded to client.*

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 a putative class arbitration over civil liability to private payors arising from a $345 million criminal fine for Medicare fraud. AAA panel denied class certification, and case was dismissed without payment to plaintiff.*

 

Pro Bono

 

Multiple cases for exoneration and/or damages for wrongfully convicted clients.

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

Chambers USA 2018-2013, 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