Michael Kendall is the head of McDermott Will & Emery LLP's White-Collar Defense Group and based in its Boston office. He represents clients in criminal and civil regulatory matters and business litigation. A significant part of his practice involves the representation of health care companies or cross border disputes. He has tried numerous cases in federal and state courts and before arbitration panels, and has handled numerous appeals. He has represented clients in investigations by Congressional committees and special prosecutors.
The Legal 500 United States 2010 and 2011 recognized Michael as a leading attorney in the field of white-collar criminal defense litigation and described him as a "technically proficient, skilled and persuasive advocate."
From 1989–1996, he served as an Assistant United States Attorney in the District of Massachusetts. During 1992, he served as the Deputy Associate Attorney General and Counselor in the United States Department of Justice.
As part of his work with the Department of Justice and McDermott Will & Emery, Mr. Kendall has traveled to Russia, Bosnia, Romania, Kyrgyzstan and Georgia to advise their governments on legal reform and human rights.
In 1984, Mr. Kendall served as a law clerk in a human rights law firm in South Africa. Before he began practicing law, he worked as a foreign correspondent in Asia, Africa and the Middle East.
Representative Experience
False Claims Act and FDA Matters
- Defended pharmaceutical manufacturer in nine qui tam cases and federal-state investigations of off-label promotion, overfill, kickbacks and pricing
- Retained by audit committee of a public company to investigate Medicare billing issues and represent company in DOJ, SEC and NYAG inquiries
- Represented device company in internal investigation of enrollment and disclosure issues in clinical trials
- Represented Director of Regulatory Affairs in six year investigation of device manufacturer for off-label sales
Foreign Corrupt Practices Act and White Collar Defense
- Conducted FCPA investigation and advised company on FCPA issues in South and East Asia and Latin America
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Conducted FCPA investigation in South Asia for global company
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Conducted FCPA investigation in South Asia for healthcare company
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Represented Fortune 60 company in FCPA matter in Middle East
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Represented pharmaceutical company CEO in FCPA matter in East Asia
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Represented hedge fund and its founder in investigation by Czech extortion investigation
Civil Litigation
- Represented plaintiffs on antitrust issues in Amgen Inc. v. F. Hoffman LaRoche Ltd., et al. (C.A. No.: 05-cv-12237 WGY D.Ma) (patent and Walker Process antitrust)
- Defended fiduciaries in six-week trial in New Hampshire over administration of $150 million family trusts and business; verdict in favor of clients on all issues; plaintiffs ordered to pay legal fees and removed as trustee and beneficiary.
- Represented Fresenius Medical Care on merger and acquisition dispute with National Century Financial Enterprises; uncovered $1.9 billion ponzi scheme that forced NCFE into bankruptcy and lead to convictions of 10 of its officers and directors
Class Action Defense
- Defended managed care company in eight class actions in state and federal courts over physician reimbursement, and use of PPOs and claims databases; class certification denied
- Defended PPO network in class action brought by providers over discounts; class certification denied
- Defended health care company in ERISA class action over use of database to adjust bills; class certification denied
SEC Defense
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Defended Deputy General Counsel in SEC and DOJ investigation of revenue reporting; case dropped after Wells submission; 10 other executives were criminally convicted
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Represented General Counsel in SEC investigation of backdating stock options
International and Domestic Arbitration
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Defended major diagnostics company in arbitration before London Court of International Arbitration in licensing dispute with Spanish distributor; two week hearing; decision confidential.
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Defended Turkish entrepreneur in arbitration before the London International Chamber of Commerce in dispute with U.S. private equity fund; two week hearing; decision confidential.
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Defended health care company in AAA class arbitration over liability to private payors arising from $345 million settlement of Medicare fraud claims; class certification denied and case dismissed without payment to plaintiff.
Education
- Harvard Law School, J.D., 1984
- John F. Kennedy School of Government, M.P.P., 1984
- Harvard College, A.B. (magna cum laude), 1979
