Michael Rowe

Representative Litigation

• Teresa v. Mayo Found. For Med. Educ., 2025 U.S. Dist. LEXIS 59238 (D. Utah Mar. 27, 2025): Defeated putative class action under Utah’s “Notice of Intent to Sell Non-public Personal Information Act” for Mayo Clinic – secured full dismissal with prejudice on an issue of first impression in District of Utah. 
• Gruber v. Gilbertson, et al., 2023 U.S. Dist. LEXIS 166557 (S.D.N.Y. Sept. 19, 2023); 647 F. Supp. 3d 100 (S.D.N.Y. 2022): Represented individual energy executive in a rare federal securities fraud civil jury trial in the Southern District of New York. Secured nearly a complete defense victory of not liable on Section 20A insider trading claim and a de minimis judgment on the Sections 10(b) and 20(a) claims representing 0.4% of the resulting class members’ claims.
• Kamal v. Baker Tilly United States, LLP, 2023 WL 3483926 (D. Minn. March 12, 2023), adopted by the District Court, 2023 WL 3480144 (D. Minn. May 16, 2023): Won motion striking class allegations in a negligent misrepresentation claim brought against international accounting firm.
• Luis, et al. v. RBC Capital Markets, LLC, 401 F. Supp. 3d 817 (D. Minn. 2019), aff’d Luis v. RBC Capital Markets, LLC, 984 F.3d 575 (8th Cir. 2020): Secured summary judgment, affirmed by the Eighth Circuit, and complete defense victory on behalf of broker dealer against putative class of nationwide investors. 
• Represented trustee and secured dozens of favorable settlements in fraudulent-transfer clawback actions to recover fraudulent Ponzi scheme profits for distribution to victims of the Tom Petters Ponzi scheme.
• Almont Ambulatory Surgery Ctr., et al. v. UnitedHealth Group, Incorporated, et al., 2018 U.S. Dist. LEXIS 35616 (C.D. Cal. Mar. 2, 2018): Counsel to large health insurer in asserting fraud and conspiracy claims against large provider network in Southern California.
• Obtained complete AAA arbitration victory in which my client, a large health insurer, successfully proved an in-network provider submitted a significant number of fraudulent claims for reimbursement. 
• Fries v. Northern Oil & Gas, Inc., 354 F. Supp. 3d 384 (S.D.N.Y. 2018): Secured dismissal with prejudice on behalf of former executive in federal securities fraud class action.
• Represented numerous broker dealers and financial advisors in FINRA sales-practice and industry arbitrations.
• Secured compassionate release and significant reduction in sentence for an indigent federal prisoner during COVID-19 pandemic, Case No. 12-cr-172 (D. Minn.).
• Davis v. Humphreys, 747 F.3d 497 (7th Cir. 2014): Secured a reversal and remand on behalf of an indigent habeas corpus petitioner in a reported decision of first impression in the Seventh Circuit.

Representative Work with Special Litigation Committees

• Counsel to Special Litigation Committee of Board of medical device manufacturer concerning alleged oppression of minority shareholders.
• Counsel to Special Litigation Committee of Board of consumer-marketing firm concerning alleged sabotage of a corporate opportunity.

Representative Governmental Enforcement Actions and Corporate Investigations

• Representing international accounting firm in an SEC investigation related to a restatement to a public entity’s balance sheet.
• Counsel to executives and public and private companies in responding to subpoenas and investigative demands from DOJ, SEC, FINRA, and numerous other federal agencies.
• Counsel to Board of Directors of medical-device manufacturer in negotiating and resolving parallel enforcement action alleging improper gratuities paid to federal employees, including obtaining a non-prosecution letter from criminal division of Department of Justice.
• Counsel to Special Committee of medical-equipment manufacturer in internal investigation concerning alleged channel stuffing and other accounting improprieties.
• Counsel to Audit Committee of publicly traded Oil & Gas company in high-profile internal investigation concerning alleged executive misconduct and improper related-party transactions.
• Counsel to Special Committee to Board of Directors of national home-improvement provider concerning alleged executive misconduct.
• Counsel to Audit Committee of international technology company in internal investigation into unusual sales practices within the company’s Asia-Pacific supply chain.