Michael J. Mestitz

Michael has experience in a broad range of substantive areas, including securities litigation, patent litigation, constitutional law, regulatory challenges, and white-collar defense. He has argued appeals in the US Court of Appeals for the Ninth and DC Circuits and has represented individuals and corporations in government investigations, trial courts, and appeals, including matters before the Supreme Court of the United States. His corporate clients have ranged from small businesses to Fortune 10 companies in a variety of industries, and he has represented individual clients across a wide spectrum, from pro bono representation of indigent criminal defendants to representation of former heads of state and high-level government officials.

Previously, Michael clerked for Judge Raymond C. Fisher of the United States Court of Appeals for the Ninth Circuit. While in law school, he was the president of the Stanford Law Review.

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• Briefed and argued a criminal appeal in the Appellate Court of Maryland*
• Defended a leading healthcare and retail corporation in multijurisdictional securities class actions, securing multiple dismissals with prejudice and successfully defending them on appeal in the First Circuit, Supreme Court of the State of New York, Appellate Division, First Judicial Department, and Rhode Island Supreme Court*
• In the Supreme Court, represented the respondent in a landmark case resulting in a unanimous Supreme Court ruling that state nonjudicial foreclosure proceedings are not governed by the Fair Debt Collection Practices Act*
• In the Supreme Court, represented petitioners in a case addressing whether eligible recipients of Temporary Protected Status may adjust to lawful permanent resident status*
• Authored several amicus briefs at both the certiorari and merits stages in the Supreme Court, as well as various petitions for certiorari and briefs in opposition *
• Represented clients in various additional civil and criminal appeals in the Second, Third, Fourth, Fifth, and Eleventh Circuits*
• Represented two individuals in a weeklong bench trial, securing a complete victory and recovering more than $20 million in damages*
• Defended a major financial institution against multibillion-dollar claims in a six-week trial*
• Represented a former secretary of state against high-profile claims, successfully winning dismissal with prejudice and nearly $1 million in combined sanctions against the opposing party in the trial court, as well as winning affirmance on appeal*
• Defended an energy company and several current and former executives in a putative securities class action resulting from a regulatory settlement, securing a dismissal with prejudice*

*Matter handled prior to joining McDermott Will & Schulte.

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