Media Mentions
2012
“GCs Name A-Listers for Client Service”
Law360, February 1, 2012
Michael Kendall was for the fourth year named a BTI Consulting “Client Service MVP” as one of the country’s top 30 corporate litigators in a survey of Fortune 1000 general counsel. Mr. Kendall attributed his recognition to his commitment for “looking at things through a client’s perspective and getting the best result,” as well as to being “intimately involved with the case… Nothing replaces talking to the witnesses yourself, and reading the documents yourself.”
Michael Kendall, White-Collar & Securities Defense
“Corporate Counsel Honor Favorite Litigators”
Law360, February 1, 2012
Michael Kendall was named as one of 57 litigators nationwide selected as “Client Service All-Stars” in a survey of corporate counsel conducted by BTI Consulting.
Michael Kendall, White-Collar & Securities Defense
2011
“Gupta Case Built on Circumstantial Evidence May Help Defense”
Bloomberg News, October 27, 2011
Michael Kendall suggested that the government’s insider trading case against former investment bank director Rajat Gupta could be helped by evidence showing close financial ties between him and another executive already sentenced for insider trading.
Michael Kendall, White-Collar & Securities Defense
“Ex-Goldman Director Gupta Charged in Insider Case”
Reuters, October 26, 2011
Michael Kendall commented on the government insider trading case against a former investment bank director, saying that a successful prosecution comes down to “how credible is the evidence that he actually disclosed information that he knew to be confidential … If there’s no financial benefit, that makes it easy to offer up an alternative explanation.”
Michael Kendall, White-Collar & Securities Defense
“Gupta’s Best Defense? Raj Broke ‘Relationship of Trust’”
Reuters News & Insight, October 26, 2011
Michael Kendall indicated that former investment bank director Rajat Gupta would have a hard time convincing jurors in his insider trading trial that he believed the business executive with whom he shared confidential information would not trade on it, an action that led to the executive’s insider trading conviction. “It wasn’t like [Gupta] was telling his priest or rabbi,” Mr. Kendall said of the information disclosure.
Michael Kendall, White-Collar & Securities Defense
“PPO Is Not Obligated to Defend Third-party Administrator in Class Action”
Insurance Law & Litigation Week, October 24, 2011
Michael Kendall and Lauren Papenhausen were noted as co-counsel in securing summary judgment in the Western District of Louisiana on behalf of Concentra, establishing that the company was not obligated to defend, indemnify and hold harmless a third-party workers compensation administrator in class action litigation.
Michael Kendall, Lauren M. Papenhausen, White-Collar & Securities Defense
“Mass. Man Goes to Trial on US Terror Charges”
Associated Press, October 22, 2011
Michael Kendall, a former federal prosecutor, said that a First Amendment defense of a man facing federal charges for advocating terrorism would not cover “using speech as an instrument to achieve a terrorist goal. One can say you believe in jihad and be protected by the First
Amendment. One cannot actively recruit people to participate in jihad and claim that’s protected by the First Amendment.”
Michael Kendall, White-Collar & Securities Defense
“Amgen Can’t Dodge Kickback Claims in Aranesp Suit”
Law360, August 26, 2011
Daniel Curto and Michael Kendall served as defense co-counsel for client Amgen in summary judgment motions regarding whistleblower allegations over an anemia drug. A federal judge ruled in part that Amgen had properly calculated the average sale price of the drug.
Daniel A. Curto, Michael Kendall, White-Collar & Securities Defense
“1st Circ. Revives FCA Claims in Amgen Kickback Suit”
Law360, July 22, 2011
Daniel Curto and Michael Kendall served as co-counsel to Amgen, Inc. in a First Circuit ruling about the inclusion of kickback provisions in the False Claims Act provisions of several states. Amgen is one of several companies facing whistleblower allegations in the matter.
Daniel A. Curto, Michael Kendall, White-Collar & Securities Defense
“Despite Notoriety, Bulger No Easy Case”
Boston Globe, July 3, 2011
Michael Kendall offered from his perspective as a former prosecutor that, because alleged mobster Whitey Bulger was over 80 years old when arrested and brought to trial, “The issue is just to get him convicted before anything else, while he’s still alive.’’ He added that if appeals on any conviction were still ongoing when Bulger dies, “then the conviction is dismissed.’’ Mr. Kendall suggested that an illegal weapons possession charge against Bulger might be easiest to prosecute first: “There’d be no charade, and … [y]ou could put him in jail for the rest of his life.”
Michael Kendall, White-Collar & Securities Defense
“Bulger Came Back To Boston for ‘Unfinished Business’”
WBUR Radio, 90.9 Boston, June 28, 2011
Michael Kendall, a former federal prosecutor, said he has “never heard of the government saying you should ask a family member if they’ll pay for a defense,” as prosecutors may do to prevent alleged mobster Whitey Bulger from getting a public defender. He noted that if family members pay defense costs, “You then may be able to question them about the source of the funds and why they are doing it.” But Mr. Kendall added that, whoever pays for Bulger’s counsel, “If one looks at the big picture, the most important thing is to get him an attorney quickly so he can go to trial quickly, because that’s what all the victims of crimes want to see.”
Michael Kendall, White-Collar & Securities Defense
“Whitey Captured: Attorney Michael Kendall Reacts”
WFXT-TV, Fox 25 Boston, June 28, 2011
Michael Kendall, as a former US Attorney who worked on organized crime cases in Boston, said that the challenge for prosecutors in bringing organized crime figure Whitey Bulger to trial will be to “strip down the case and make it simple so it can move quickly,” adding that it will take time “to get past procedural events and have evidence actually presented.” Mr. Kendall also stated that “people should get over” any outrage about the alleged mobster requesting a public defender: “The quicker he gets a lawyer, the quicker he’ll get to trial.” To watch this interview click here.
Michael Kendall, White-Collar & Securities Defense
“Prosecutor Objects to Court-Appointed Attorney Possibility”
Boston Globe, June 25, 2011
Michael Kendall explained that, if the large amount of cash in the possession of alleged crime figure Whitey Bulger at his arrest came from illegal activity, it is “forfeitable to the government and not his to use for his own purposes” – such as his legal defense. “Unless [Bulger] has something from a truly clean source that was never used to facilitate a crime, the government gets to forfeit,” Mr. Kendall continued.
Michael Kendall, White-Collar & Securities Defense
“Whitey Bulger Captured”
WBZ-TV, CBS 38, Boston, June 25, 2011
Michael Kendall expressed the belief that it will not be difficult to seat a jury for trying alleged Boston mobster Whitey Bulger. “There are lots of people who have come to Boston in the last 15 to 20 years who barely know who Whitey Bulger is and who don’t really have a personal impression of how evil he was in this city,” said Mr. Kendall, who helped prosecute cases against Bulger years ago. “Those people can be very objective.” To watch this news report, click here.
Michael Kendall, White-Collar & Securities Defense
“Agency Works to Fix Image”
Boston Herald, June 25, 2011
Michael Kendall, a former prosecutor who worked on cases related to alleged Boston mobster Whitey Bulger, asserted that the FBI launched a nationwide TV campaign to find Bulger because he “discredited the Bureau” after a former agent helped him escape arrest years ago. “It’s the single most sensitive case for people who care about the FBI’s image,” Mr. Kendall noted. “Most … who work for the FBI are fabulous. But there was a rotten group involved with Bulger.”
Michael Kendall, White-Collar & Securities Defense
“NY Court Refuses to Step Between Prosecutors, Amgen”
Law360, June 16, 2011
Daniel Curto, David Rosenbloom, Michael Kendall and Monica Susan Asher were co-counsel for McDermott representing Amgen, Inc. in a motion filed in U.S. district court seeking to hold government prosecutors to New York State ethics rules in their contact with company employees when investigating allegations raised in False Claims Act lawsuits.
Monica Asher, Daniel A. Curto, Michael Kendall, David S. Rosenbloom, Trial, White-Collar & Securities Defense
“Court Finds It Lacks Power to Enforce ‘No Contact’ Rule”
New York Law Journal, June 16, 2011
David Rosenbloom, Michael Kendall and Daniel Curto were noted as co-counsel representing Amgen Inc. in motions related to the federal government’s investigation of possible False Claims Act violations.
Daniel A. Curto, Michael Kendall, David S. Rosenbloom, White-Collar & Securities Defense
“DiMasi Defense Calls Just 3 Witnesses”
The Boston Globe, June 9, 2011
Michael Kendall, commenting on the limited number of defense witnesses called in a former Massachusetts legislator’s public corruption trial, suggested the move may relate to the strength of the defense case. “Once you start putting up a case, … then the government can attack your case,” said Mr. Kendall, a former prosecutor. “Strategically, to put on a weak case is a very bad idea.”
Michael Kendall, White-Collar & Securities Defense
“House Arrest: What Ex-IMF Chief Dominique Strauss-Kahn Can Expect”
Christian Science Monitor, May 21, 2011
Michael Kendall noted that, while under house arrest in New York for an alleged attack, Strauss-Kahn is unlikely to have restrictions on his use of cell phones or computers. Mr. Kendall added that formerly as a federal prosecutor he limited online access for individuals charged with computer fraud or involvement in child pornography, neither of which was at issue here.
Michael Kendall, White-Collar & Securities Defense
“Day 3 DiMasi Musings”
Massachusetts Lawyers Weekly, May 9, 2011
Michael Kendall, commenting on the conspiracy trial of a former Massachusetts legislator and others, said that deciding which lawyer takes the cross-examination lead in such a complex case is “a question of who is the most appropriate lawyer for the particular witness on the stand,” adding, “The same person can’t be lead cross-examiner for every witness, or they will simply collapse.” Mr. Kendall said that witness order requires similar flexibility: “Some people prefer to start with a chronological story while others may want to put a witness up there who can lay out the basic elements of the case …”
Michael Kendall, White-Collar & Securities Defense
2010
Michael Kendall, head of McDermott's White-Collar & Securities Defense Practice Group, was profiled extensively in a recent article published by Law360 (July 27). The profile is extremely substantive and demonstrates Mr. Kendall's experience and knowledge of trends in his field. For example, Mr. Kendall discussed various topics including the most challenging cases he has worked on throughout his career and what aspects of white-collar law need reform. Mr. Kendall predicted for Law360 that the next wave of cases will be generated by global white-collar enforcement and whistleblower cases. Mr. Kendall concluded the Q&A with three pieces of advice for young lawyers interested in white-collar law. Click here to view the full article.
Michael Kendall, Trial, White-Collar & Securities Defense
Michael Kendall was quoted in a July 16 Law360 discussion of ways that defense attorneys can protect business clients from punitive damage awards. He noted that an effective strategy is to demonstrate to the court that the conduct for which damages are sought is not typical of how the client does business. “If you are a good corporate citizen, there are ways to prove that,” Mr. Kendall stated. “The company has won awards, taken on certain activities that benefit the community, made difficult decisions in a product recall. … Has the company done good things even though it cost it money and effort?” An affirmative answer can help mitigate damage claims.
Michael Kendall, Trial, White-Collar & Securities Defense
Michael Kendall was recognized by Law360 in a January 26 story about the 2010 BTI Client Service All-Stars, a list of 165 lawyers cited by corporate clients for superior client service in a poll conducted by BTI Consulting Group, Inc. Mr. Kendall was one of just four securities lawyers included in 22 honorees given special recognition as Client Service MVPs for multiple appearances on the list. Concerning his multiple selections, Mr. Kendall said of his client service approach that a good securities lawyer must “deal with a problem with the same urgency the client itself would deal with the same problem.”
Michael Kendall, Trial, White-Collar & Securities Defense
2009
Michael Kendall was quoted extensively in a November 2008 Corporate Secretary article on the increased prosecution risks that corporate executives face. He noted that the trend involves "more aggression against corporations and executives, more aggression in who you go after and the theories used to go after them, more aggression in the financial penalties being sought and the length of sentences being imposed on executives." Mr. Kendall ascribed the increased prosecution both to public desire and to what he called "bureaucratic inertia toward continuing aggressiveness by prosecutors – you never hear of penalties becoming less onerous, do you? It is always more, more, more." Mr. Kendall advised board members that "scrupulous adherence to correct process is the best advice" for avoiding trouble, … "as long as the basic touchstones of good governance are applied: appropriate disclosure, experience, expertise and independence."Michael Kendall, Corporate Responsibility and Governance, Trial
Michael Kendall was cited in Massachusetts Lawyers Weekly (April 13) for his nomination to the BTI Client Service All-Star Team.
2008
Michael D. Kendall was quoted in the July 29 issue of The National Law Journal in an article regarding the Firm's successful bid for lawyers' fees and costs stemming from a recent pro bono case in which the Firm secured rights for two Muslim inmates to receive special meals and prayer privileges while in prison. The Firm will compensate itself for out-of-pocket expenses only and will put the remainder of the fees into its general pro bono account. Mr. Kendall noted that the award will allow the Firm to take on more pro bono cases.
Michael Kendall, Pro Bono & Community Service, Trial
Michael Kendall was quoted on June 12 in Massachusetts Lawyers Weekly regarding the increase in class-action litigation, a sizable percentage of which defense lawyers and their clients claim lacks merit. Mr. Kendall noted that many law firms file cases and take "The position that they will just see what happens. It's a huge business where if you prevail in one out of every 20 cases, the payoff is going to be so high that what we've seen is there are a lot of plaintiffs willing to play that percentage." He added that just getting to the class-certification stage of a case can be cost-prohibitive. "I'm not disputing that some of these cases are very meritorious, but if you were to have some sort of control over the numbers, I think you'd see that there are a lot of misses for every hit. What people don't always realize is that a miss costs the client a lot of money to defend, even if they have done nothing wrong."
Michael Kendall, Class Action, Trial
Michael D. Kendall was quoted in the March 13 issue of the National Law Journal in an article regarding Judge Richard G. Stearns' ruling that the Massachusetts Department of Corrections must make dietary and prayer service accommodations for two Muslim inmates. As the prisoners' pro bono counsel, Mr. Kendall noted that this case is one of only a few that have gone to trial since the Religious Land Use and Institutionalized Persons Act of 2000 took effect. "Prisoner cases are very tough to win. Sometimes the facts haven't been developed from the beginning and sometimes clients don't know how to present their claim. This case was won on the strength and sincerity of the prisoners who were bringing it," Mr. Kendall said.
2006
Michael D. Kendall was quoted in the October 13 issue of The Boston Globe in an article regarding recent federal probes at more than 140 U.S. companies investigating the use of options backdating practices. Many firms are terminating or forcing out executives before any formal reviews have taken place or full accusations have been made. "We live in an unforgiving environment, where it’s not just substance, but also appearance and style issues can matter," he said.
Michael Kendall, Corporate Responsibility and Governance, Trial
Michael D. Kendall was quoted in the October issue of CFO in an article regarding the Senate Judiciary Committee's September hearings on parts of the Thompson memo, which establishes guidelines on whether or not to indict a company. Mr. Kendall commented that the recent Kaplan decision will shape the government's future actions. "It is so powerfully written and reasoned that I expect it to be a powerful precedent."
Michael Kendall was quoted in the August 26 issue of The Boston Globe on the more than 100 companies facing scrutiny over stock options accounting. Many are delaying quarterly filings while they conduct reviews. "It will be interesting to see if they [Nasdaq and the NYSE] will truly pull the trigger, as they have been threatening," commented Mr. Kendall.
Michael Kendall, Corporate Responsibility and Governance, Trial
Michael Kendall was quoted in the May 26 issue of the Christian Science Monitor regarding the effect of the guilty verdict in the Enron case will have on the "corner office." Now a CEO is more than a manager: "The concept is crisis management...You have to manage the crisis before it consumes you."
Michael Kendall, Corporate Responsibility and Governance, Trial
Michael Kendall was quoted in the May issue of CFO Magazine on section 113 of the U.S.A. Patriot Improvement and Reauthorization Act primarily aimed at combating terrorism.
2005
Michael Kendall was quoted in the June 10 issue of The Boston Globe in regard to charges of mail fraud and money laundering against Bradford Bleidt.
Michael Kendall, Trial, White-Collar & Securities Defense
2004
Michael Kendall was quoted in the September 30 issue of the Washington Post in regard to Martha Stewart serving her sentence at the United States' oldest federal prison for women. Mr. Kendall commented on "life in confinement" regardless of the actual prison. "There's a tremendous loss of control. Your life is regimented from when you get up to what you wear to what belongings you have," commented Mr. Kendall.
Michael Kendall, Trial, White-Collar & Securities Defense
Michael Kendall was quoted by the Boston Globe on September 16 in regard to Martha Stewart asking to begin serving her prison sentence as soon as possible. He outlined the steps that would need to be taken in order for Stewart to be granted her request. "First, the judge has to vacate the stay," said Mr. Kendall. "Next, the Bureau of Prisons will take a period of time to look at the defendant and classify her in order to find the appropriate placement. The bureau will look at everything from the severity of the offense to the offender's health and whether she is a security risk." He said that it could take two to three weeks for the Bureau of Prisons to decide where Stewart should serve her time. Most likely she will be remanded to the women's facility in Danbury, where Leona Helmsley, the hotel heiress, served her sentence after being convicted of income tax offenses.
Michael Kendall, Trial, White-Collar & Securities Defense
2002
Michael Kendall was quoted in the December 13 issue of The Boston Business Journal in an article addressing the type of work white-collar attorneys are focusing on. Mr. Kendall commented that white-collar criminal defense attorneys agree that the theme these days is prevention and that the Sarbanes-Oxley Act is keeping the practice busy.
Michael Kendall, Corporate Responsibility and Governance, Trial, White-Collar & Securities Defense
Michael Kendall was quoted in the July 29 issue of Modern Healthcare regarding the HHS Inspector General's increased use of civil monetary penalties against providers that engage in Medicare kickback schemes. Mr. Kendall commented that as new cases mount he hopes the "inspector general will exercise discretion with these new powers."
Michael Kendall was quoted in The Boston Globe on May 23 regarding the federal corruption trial of retired FBI agent John Connolly. Mr. Connolly was charged with lying to investigators, obstructing justice and racketeering conspiracy, and decided not to take the stand in his own defense. Mr. Kendall, a former federal prosecutor, commented, "It's very rare for the defendant to have the personality and the demeanor to be effective when they testify...most of them don't have it."
