Media Mentions
2010
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 Criminal 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 Criminal 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 Criminal 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 Criminal 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 Criminal 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."
