Real Estate Litigation. A significant component of Mike's practice involves real estate litigation, including the handling of disputes concerning purchase and sale agreements, commercial leases, lien validity and priority, lis pendens, foreclosure, construction, wrongful eviction, and real estate securities. Mike's real estate litigation experience includes:
- Representation of a major retailer in a title dispute involving property underlying a major headquarters expansion; summary judgment obtained.
- Defense of securities fraud claims brought against a sponsor of private tenant-in-common offerings in real estate; defense judgment entered following an arbitration hearing.
- Representation of a real estate enterprise in a business divorce involving a national portfolio of class-A multi-family complexes
- Prosecution of a master tenant's wrongful eviction claims related to possession of a Class-A apartment complex; judgment awarding client compensatory damages entered following an arbitration hearing;
- Representation of owners of commercial real estate in actions to vacate lis pendens and liens
Financial Institutions. Mike has defended financial institutions in a variety of commercial and consumer disputes. Mike has extensive experience defending financial institutions from claims that they aided and abetted fraudulent schemes allegedly perpetrated by their customers. Mike's work defending financial institutions includes:
- Defense of a national bank accused of aiding and abetting a hard money lender in a fraudulent investment scheme resulting in hundreds of millions of dollars in investor losses; defense judgment was obtained following a bench trial to a bankruptcy court
- Representation of a financial institution accused of aiding and abetting a Ponzi scheme involving hundreds of millions of dollars in losses to foreign investors; defense judgment was entered following an arbitration hearing
- Defense of a national bank accused of aiding and abetting securities fraud in the life settlement industry involving tens of millions of dollars of alleged investor losses; defense judgment was entered following an arbitration hearing
- Defense of numerous class action cases challenging the fees and practices of national banks
Class Actions. Mike defends class action suits in a variety of industries including banking, insurance, transportation and telecommunications. Mike's significant class action projects include:
- Defense of class actions claims against a financial institution accused of aiding and abetting the sale of unregistered securities
- Defense of an auto insurer accused of committing usury on a state-wide basis
- Defense of class action claims alleging that a telecommunications company facilitated "cramming" and the collection of unauthorized charges
- Defense of class action claims alleging that a trucking carrier's practices violated its fleet-wide owner operator agreements
Fiduciary Litigation. Mike has extensive experience prosecuting and defending breach of fiduciary duty claims, including disputes involving officer and director duties, self-dealing, de facto partnership, constructive fraud and dissolution of closely held entities. Mike's significant projects in fiduciary litigation include:
- Prosecution of direct and derivative claims against the management of a frozen food company to enjoin an international self-dealing scheme involving the importation of millions of pounds of Thai shrimp
- Prosecution of a Mexican express courier's claims against a major international express courier stemming from the termination of a 20-year partnership; plaintiff's judgment was obtained following a six-week jury trial
- Defense in a jury trial of an institutional executor accused of breaching fiduciary duties owed to a multi-million dollar estate
Energy Litigation. Mike's practice focuses on a broad range of oil and gas disputes in areas including: leasehold rights, usurpation of corporate opportunities, director's duties, disputed title, contract disputes, preferential rights, rights of first refusal, tortious interference, knock-for-knock indemnity, hydraulic fracturing and well failures.
- Defense of a drilling contractor accused of tortuously interfering with a preferential right to drill wells in the Republic of Colombia
- Defense in a jury trial of corporate directors accused of usurping corporate opportunities involving tens of thousands of acres of Eagle Ford leases
- Defense of trespass to try title cases claiming forged assignments of oil and gas leases in the Eagle Ford
- Defense of claims related to extensive well failures, including claims for alleged defects in well casing and connectors
- Counsel for major shareholder concerning disposition of diverse portfolio of energy assets including a substantial midstream business.
Governmental Litigation. Mike's practice involves representation of governmental bodies and government contractors in actions involving breach of contract, sovereign immunity, inverse condemnation, election contests and validation of public securities.
- Representation of a hospital district in a bench trial to validate a bond election
- Representation of a city in a bench trial to validate public securities
- Defense of a claim against a city related to repeal of project and finance plans for a tax increment reinvestment zone
- Prosecution of a defense contractor's claims for breach of contract against an exclusive teammate related to a bid to obtain a DOD contract for testing laser guided bombs; plaintiff's judgment was obtained following a two-week federal jury trial