Michael Kendall

Trials and Dismissals

• United States v. Wilson, Varsity Blues criminal trial, all fraud and bribery counts reversed on appeal.
• Confidential arbitration over dissolution of biotech joint venture and licensing rights.
• 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 $10 billion in fines and penalties. OCC unilaterally dismissed a second case with prejudice before trial. (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; charges dismissed (2018-22).
• 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).
• 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).*
• 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).*
• 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 a 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 a managed care company in multiple class actions in state and federal courts. Client won all of the class certification motions, and resolved over $1 billion in claims with a settlement that provided only amended business practices.*
• Represented a device company in DOJ investigation of Anti-Kickback Statute and medical necessity issues.
• Represented a 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 the 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 a major biotech company in Walker Process claims brought by Hoffman LaRoche, Inc., claims dismissed.*

FCPA, Securities and Ethics

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

Tax

• Represented an investor in German cum-ex tax case. Case resolved on terms favorable to client.
• Represented a 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.*

*Matters handled prior to joining White & Case.