MICHAEL HAS A PROVEN TRACK RECORD GUIDING PUBLICLY HELD, PRIVATE, AND COOPERATIVELY OWNED BUSINESSES IN NAVIGATING ANTITRUST ISSUES AND DEVELOPING SUCCESSFUL DISTRIBUTION MODELS. HE HAS DEMONSTRATED LITIGATION SKILLS TO REPRESENT COMPANIES IN DISPUTES AND PROVIDE PRACTICAL ADVICE FOR MINIMIZING FUTURE LEGAL PROBLEMS.
Michael is a partner in the Trial practice and Co-Chair of the Antitrust practice. He practices in the area of general civil litigation, with a strong emphasis on antitrust (litigation and counseling), trademark and unfair competition, commercial litigation.
Education & Admissions
University of Chicago Law School (J.D.), 1983
cum laude, Order of the Coif
Managing and Book Review Editor, The University of Chicago Law Review, 1982-1983
London School of Economics (General Studies, 1980)
Marquette University (B.A., History), 1980
summa cum laude, Phi Beta Kappa
- U.S. Court of Appeals for the Second, Third, Fifth, Eighth, and Federal Circuits
- U.S. District Court for the District of Minnesota
- U.S. Court of Appeals for the Seventh Circuit, Chicago, IL, Honorable Richard A. Posner, 1983-1984
- Beijing-based Ninebot completes strategic acquisition of Segway
- Key players combine in significant transaction for payments industry
- Land O’Lakes Acquires Vermont Creamery
- Land O’Lakes merging with United Suppliers to create stronger company
- Liberty Global leads cable consolidation in Puerto Rico
- Louisville Slugger brand to grow through historic transaction
- Miller Milling grows U.S. operations through acquisition
- Murphy USA continues strategic sales of non-core businesses
- Michael won dismissal of an antitrust suit that had been brought against the country’s largest supplier of bankruptcy software to bankruptcy trustees in McGarry & McGarry, LLP v. Bankruptcy Management Solutions, Inc., 2017 U.S. Dist. LEXIS 93133 (N.D. Ill. June 16, 2017).
- Michael represented IEEE in securing a favorable Business Review Letter from the U.S. Department of Justice in 2015.
- Michael won dismissal of an antitrust suit that had been brought against several defendants in Techreserves Inc. v. Delta Controls Inc., 2014 WL 1325914, S.D.N.Y., (S.D.N.Y. March 31, 2014), appeal dismissed.
- Michael represented Robert Bosch GmbH before the Federal Trade Commission in securing clearance of its proposed acquisition of the Services Solutions business of SPX Corporation. In the Matter of Robert Bosch GmbH, Docket No. C-4377 (April 2013).
- Michael won dismissal of antitrust claims against the defendant in In2 Networks, Inc. v. Honeywell International Inc., 2011 WL 4842557 (D. Utah 2011).
- Earlier in his career, Michael participated in several years of discovery and then co-chaired the trial of ITA v. Northwest Airlines, an action involving claims under the Sherman Act and the Clayton Act. He represented Ajinomoto Co. in In re MSG Antitrust Litigation. He served as lead counsel for The Goodyear Tire & Rubber Company in multi-state litigation involving a national competitor’s alleged Lanham Act violations and “bait and switch” sales tactics. He represented multiple defendants in In Re: Minnesota L-tryptophan Proceedings, a mass-tort proceeding that involved over ninety individual cases. He has tried numerous public-customer securities arbitrations, and he has served as a chairman or panel member in securities arbitrations.
News & Resources
News & Press Mentions
Events & Speaking Engagements
- "Hart-Scott-Rodino and Premerger Notification," 2013 Business Law Institute (Minnesota CLE May 7, 2013)
- “Critical Legal Issues for Cooperatives,” Presentation to National Cooperative Business Association Conference on Purchasing Cooperatives (2009-2012)
- "Business Considerations for Participating in Standards Development," Presentation to the Joint Commission on Commerce and Trade IPR Working Group (Oct. 15, 2009)
- "Critical Legal Issues for Cooperatives," Presentation to National Cooperative Business Association Conference on Purchasing Cooperatives (Sept. 2009)
- "Do You Want to Play 'Ex Ante'? Negotiating Royalty or Other License Terms Before the Standard is Set," Presentation to American Intellectual Property Law Association (May 13, 2009)
- "Standard Setting and ‘Patent Ambush’: Lessons from the Federal Circuit's Recent Qualcomm v. Broadcom Decision," Telebriefing for Practising Law Institute (Mar. 10, 2009)
Industries & Practices
- Antitrust & Competition Law
- Commercial Litigation
- Electric Power
- Energy & Natural Resources
- Food, Beverage & Agribusiness
- Franchise & Distribution Law
- Oil & Gas
Professional & Civic
- Member, Minnesota State Bar Association (Antitrust Section, Chair, 2005-2006; Vice Chair, 2004-2005; Council Member, 2006-2015)
- Member, American Bar Association (Antitrust Section; Vice Chair, Trial Practice Committee, 2004-2008)
- Associate Editor, Antitrust, 2008-present
- Member, Hennepin County Bar Association
- Adjunct Professor, Antitrust, University of Minnesota Law School, 2014
- Adjunct Professor, Antitrust, University of St. Thomas Law School, 2002-2013
- Adjunct Professor, Antitrust, Hamline University Law School, 1988-1999
- President, Prevention Alliance, a non-profit corporation providing chemical-abuse prevention and counseling programs to Twin Cities youth, 1991-1997