Michael Kendall is the head of McDermott Will & Emery LLP's White-Collar & Securities Defense Practice Group and is 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.
From 1989 to 1996, Michael 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, Michael has traveled to Russia, Bosnia, Romania, Kyrgyzstan and Georgia to advise their governments on legal reform and human rights.
In 1984, Michael 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
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Defended pharmaceutical manufacturer in nine qui tam cases and federal-state investigations of off-label promotion, overfill, kickbacks and pricing
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Retained by audit committee of a public company to investigate Medicare billing issues and represent company in DOJ, SEC and NY Attorney General inquiries
Foreign Corrupt Practices Act and White Collar Defense
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Conducted internal investigation of FCPA issues in South Asia for global company
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Represented Fortune 60 company in FCPA matter in Middle East
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Represented CEO of pharmaceutical company in FCPA matter arising out of East Asia
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Represented hedge fund and its founder in investigation by Czech prosecutors into alleged extortion
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Defended business owner in criminal tax prosecution; government dismissed indictment four weeks prior to trial
Civil Litigation
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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 antitrust)
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Represented fiduciaries in Massachusetts and New Hampshire litigation over administration of $150 million family trusts and business
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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
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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
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Defended PPO network in class action brought by providers over discounts; class certification denied
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Defended health care company in ERISA class action over use of database to adjust bills; calls 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
Arbitration
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Defended major diagnostics company in arbitration before London Court of International Arbitration in licensing dispute with Spanish distributor
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Defended Turkish entrepreneur in arbitration before the London International Chamber of Commerce in dispute with U.S. private equity fund
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Defended renal dialysis company in AAA class arbitration over liability to private payors arising from $345 million settlement of Medicare fraud claims
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
