Überblick
Michael Mestitz is a member of the firm’s Supreme Court & Appellate Litigation and Government & Regulatory Litigation Practice Groups. He has been the primary or substantial author of more than 100 briefs representing individuals and businesses in high-stakes litigation in trial and appellate courts around the country. An experienced trial and appellate litigator, Michael is adept at crafting briefs and legal strategy at every stage, from critical pre-trial motions, through trial, and on appeal. In the words of one in-house litigation counsel at a major global company: “I wish all of my outside counsel wrote like this.”
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.
Referenzmandate
- Briefed and argued an appeal in the DC Circuit, successfully overturning the client’s convictions because the government violated Brady v. Maryland by suppressing material evidence at trial*
- Briefed and argued an appeal in the Ninth Circuit challenging a state carbon regulation, securing partial vacatur on a key jurisdictional issue*
- Briefed and argued an appeal in the Ninth Circuit regarding Federal Rule of Civil Procedure 17*
- 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.
Auszeichnungen
- The Best Lawyers in America, Ones to Watch, Appellate Practice, 2020-2026
- Capital Pro Bono Honor Roll, 2018-2024
- Super Lawyers, Rising Star, 2020
Qualifikation
Education
Stanford Law School, JD, 2015
Vassar College, BA, 2012
Admissions
California
District of Columbia
Courts/Agencies
Supreme Court of the United States
United States Court of Appeals for the First Circuit
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Tenth Circuit
United States Court of Appeals for the Eleventh Circuit
United States Court of Appeals for the District of Columbia Circuit
United States District Court for the District of Columbia
Languages
English
