Michael’s clients include some of the world’s most profitable corporations, financial institutions, consumer brands, manufacturers, advertising agencies, and media companies navigating sensitive, high-stakes disputes. He represents and advises corporations such as the Publicis Groupe and its agencies – Tract Capital, KeyBank, Saks Global, and Revlon – on matters spanning contract, securities and derivatives, commercial real estate, bankruptcy, fraud, privacy, data center development rights, hard and soft intellectual property issues, indemnification, and rights of publicity disputes.

A frequent thought leader, Michael has written several articles and chapters on litigation strategy, investigations, privilege and work product, class actions, and corporate governance. He has also taught a course on civil trial practice as a senior lecturing fellow at Duke University School of Law every spring semester for more than 15 years.

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• Successfully defended Toys “R” Us in one of the largest multidistrict consumer class actions ever brought, twice defeating certification and ultimately resolving suits by settlement to recover statutory damages for more than 16 million claims in alleged violation of the Foreign Account Tax Compliance Act*
• Negotiated a global settlement with all 50 states and six US territories resolving an investigation into pharmaceutical marketing practices, including related insurance issues*
• Obtained dismissal of a nationwide class action opioid claims brought by school districts and third-party payors*
• Defeated claims against KeyBank Real Estate Capital in litigation over servicing a $3.9 billion pool of loans arising from the default of the mortgage on The Bryant Park Hotel, which was affirmed by an appellate court*
• Defended the City of Chicago in a two-month trial challenging the largest public works project in the US at the time, successfully vindicating the city’s procurement process and disposing of all challenges to the city’s award of the contract*
• Successfully defended Archer Daniels Midland Corporation directors through criminal and civil litigation following a raid by the Federal Bureau of Investigation on the company’s headquarters, including negotiating a groundbreaking settlement affirmed by the Supreme Court of the United States*
• Obtained dismissal of a major financial institution against claims arising from servicing mortgage pools exceeding $4 billion, which was affirmed on appeal*
• Obtained dismissal of the former head of a business unit of a publicly traded company from securities class actions in New York alleging financial misrepresentations and breach of fiduciary duty*
• Obtained dismissal of securities class action claims against the largest investor in a public company asserting failure to disclose fully both the nature of the investor’s interests and his preferred position over other investors*
• Successfully defended antitrust, copyright, and Racketeer Influenced and Corrupt Organizations Act claims against the board of a standard-setting body and its related entities for alleged exclusionary and predatory conduct*

*Matter handled prior to joining McDermott Will & Schulte.

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• Best Lawyers in America, Commercial Litigation, Litigation – Intellectual Property, 2010-2027
• BTI Consulting Group, Client Service All-Star, 2020
• Legal 500 US, Dispute Resolution: General Commercial Disputes, 2020
• Legal 500 US, Litigation: Commercial Litigation, 2016-2017
• National Law Journal, Trailblazers in Litigation, 2016
• Law360, Inaugural Trial Ace, 2015
• Super Lawyers, Illinois, Business Litigation, 2005-2023
• Leading Lawyers, Commercial Litigation, 2019-2023
• International Law Office (Lexology), Top Illinois Litigator Client Choice Award, 2013

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• American Bar Association, member
• American Bar Foundation, fellow
• Duke University School of Law Board of Visitors, former chair
• Duke University School of Law Alumni Association, former president

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• refinancing of three development life science assets in the UK “Golden Triangle” for Tier-1 PE sponsor*
• acquisition bond-financing of 7 properties in Portugal, and conversion of these properties from various use classes into build-to-sell residential*
• Advising a leading pan-European real estate private equity manager on the acquisition of an NPL portfolio secured against a large portfolio of German residential assets*

*Matters handled prior to joining the firm.

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• M Ventures, the strategic venture capital fund of Merck KGaA, on various biotech and tech investments all over the world as well as on several exit transactions including the sale of Calypso Biotech*
• Merck KGaA, Darmstadt, Germany on the acquisition of Mirus Bio (US) and various other transactions*

*Matter handled prior to joining the firm.

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Earlier in his career, Michael clerked for the Honorable Andrew G. Schopler of the United States District Court for the Southern District of California.

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• Recovered a seven-figure attorneys’ fee award after prevailing at a two-week bench trial on behalf of a real estate client*
• Argued and obtained complete summary judgment on behalf of a global telecommunications company against a lawsuit seeking eight figures in damages for breach of contract and related claims*
• Represented a crypto-mining machine manufacturer in litigation concerning the hosting and deployment of thousands of crypto-mining machines*
• Represented a leading global investment firm in litigation concerning the termination of an agreement to purchase a large shopping center*
• Represented a leading provider of consumer products and retail solutions in a product dispute concerning products falsely advertised as “Made for iPhone/iPad/iPod” compliant*
• Represented a semiconductor company in complex trade secret litigation involving breaches of confidence and competitive activities by a former consultant*

*Matter handled prior to joining the firm.

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• Represented Oppenheimer and an international investment bank as initial purchasers in a $400 million offering of 6.875% senior secured notes due 2027, collateralized by airport passenger charges and the company’s right to receive payments from the government of Argentina in the event the company’s concession to operate the airports is terminated, expropriated, or redeemed*
• Represented J.P. Morgan and other lenders in a $21 billion securitization of Hilton Hotels and related brands’ hotel franchise agreements, secured by franchise royalties, intellectual property, real estate and related operating cash flows for select U.S. and international properties*
• Represented a leading royalty fund in several royalty financings, including for Agenus, Chiasma Pharmaceuticals, and Vertex Pharmaceuticals among others*

*Matter handled prior to joining the firm.

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Joshua has experience drafting a broad array of estate planning instruments, including wills and revocable trusts, insurance trusts, charitable remainder and lead trusts, dynasty trusts, grantor retained annuity trusts, spousal lifetime access trusts, and intentionally defective grantor trusts. He also frequently counsels clients on Florida residency planning, advising on both the legal and practical considerations of establishing and maintaining Florida domicile.

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Dan uses curated enforcement tactics that often make the difference between finding an asset and merely tracing its path. He has an enviable track record of leveraging a combination of litigation, business, communications, and political strategies to optimize the speed and completeness of client recoveries. Multinational companies, financial institutions, and litigation finance funds value Dan’s innovative methods and regularly engage him on complex asset recovery litigation and prefunding diligence.

Having handled dozens of complex arbitrations under both domestic and international rules, Dan is also well-versed in alternative dispute resolution procedures. As global coordinating counsel in the enforcement of a high-stakes cross-border arbitration, he developed a multiprong enforcement strategy that built the pressure to secure a $2.9 billion settlement payment to his client.

Companies across industries also seek Dan’s representation in unfair competition, Racketeer Influenced and Corrupt Organizations (RICO) Act, and fraud cases, crediting his long history of successfully handling bet-the-company commercial disputes. In addition, Dan has argued groundbreaking cases before state and federal appellate courts, including as lead counsel on a precedential appeal before an en banc panel of the US Court of Appeals for the Ninth Circuit.

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• In a court of appeal, secured the reversal of the trial court’s denial of an anti-Strategic Lawsuits Against Public Participation (SLAPP) motion filed on behalf of a municipal client, defeating a lawsuit brought by a local developer that alleged breach of contract based on the political actions of elected officials*
• Defended a Hong Kong-based electronics manufacturer in a multidistrict antitrust class action litigation by 31 US states alleging illegal price fixing. Successfully negotiated on behalf of the client a complete dismissal with no contribution to claim funds, while the other parties paid billion-dollar settlements*
• Served as lead counsel for a major telecommunications carrier in a groundbreaking case that applied Section 253 of the Telecommunications Act of 1996 for the first time to enjoin a city from implementing excessive regulatory barriers to deploy a wireless communications network*
• Served as lead counsel for a major telecommunications carrier in dozens of district court cases under Section 332 of the Telecommunications Act of 1996, successfully reversing the citing decisions of city and county government agencies that denied the deployment of cellular network systems*

Arbitrations

• Represented an international claimant in a multiyear arbitration before the International Centre for Dispute Resolution and American Arbitration Association regarding the breach of an international sales agreement. Obtained an award and judgment of more than $21,000,000, including all damages sought plus attorneys’ fees and interest*
• Successfully prosecuted an alter-ego arbitration. Navigated a complex array of obstructive discovery tactics to recover documents from offshore shell companies. Obtained an order from a US bankruptcy court lifting the stay on arbitration and remanding the case to tribunal following the defendant’s bankruptcy filing. Obtained a positive finding of alter-ego liability against the CEO of the defendant corporation and a judgment of more than $26,000,000*
• Represented an inventor of technologies utilized in laser eye surgery in an arbitration of claims of breach of royalties by the manufacturer of surgical devices. Successfully negotiated a payment of more than $15,000,000 in royalties on the first day of arbitration*
• Represented the developer of a real-time operating system in a complex arbitration – including a 21-day hearing – of claims of copyright infringement in an emerging area of law governing the copyrightability of application programming interfaces*

*Matter handled prior to joining the firm.

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• San Diego Super Lawyers, Intellectual Property Litigation, 2013-2017, 2019-2020, 2022

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• Federal Bar Association, member

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Prior to rejoining the firm, Lauren served as an Attorney-Advisor in the US Department of Health and Human Services (HHS) Office of the General Counsel, CMS Division, where she provided counsel to CMS on a variety of high-stakes legal issues related to payment under Medicare Parts A and B, drug pricing, data privacy, and rulemaking requirements under the Administrative Procedure Act. She served as a lead attorney advising CMS on the implementation of the Medicare Part B Prescription Drug Inflation Rebate Program and Medicare Part D redesign provisions of the Inflation Reduction Act. Lauren has also represented various clients in civil litigation, arbitration and government investigations.

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David counsels clients on structuring tax-efficient wealth transfers, including strategies to protect assets from creditors and in the event of divorce, and to maintain assets in the family. He regularly prepares prenuptial and postnuptial agreements and provides pre-divorce planning for individuals seeking to safeguard their financial interests. He also frequently advises business owners on succession planning, helping them navigate the complex dynamics of family-owned enterprises while minimizing transfer tax exposure.

As a trusted advisor to principals in private equity and hedge funds, physicians, and other professionals, David structures estate plans using family limited partnerships, limited liability companies, irrevocable trusts, and other vehicles to achieve tax efficiency and asset preservation. He also advises clients with significant retirement assets on maximizing income tax deferral and has helped establish numerous charitable remainder and lead trusts, as well as private foundations.

David is one of the few lawyers certified by The Florida Bar in both Tax Law and Wills, Trusts and Estates. He has chaired The Florida Bar’s Tax Section and has testified before the Internal Revenue Service on proposed regulations concerning retirement plan distributions.

In addition to his practice, David serves as an adjunct professor in the LLM program in estate planning at the University of Miami School of Law and was previously an adjunct professor in the LLM program in taxation at the University of Florida Levin College of Law. He is also a Fellow of the American College of Trust and Estate Counsel, where he has served on the Board of Regents and was the inaugural Chair of the New Fellows Steering Committee.

David is very active in Jewish philanthropy, especially the Jewish Federation of South Palm Beach County (Boca Raton) and Birthright Israel. He holds leadership roles in these organizations, where he helps drive strategic initiatives in areas such as annual campaigns, planned giving, and endowments. A frequent lecturer and published author, David regularly speaks to legal and professional services audiences throughout the United States.

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• Florida Trend magazine, Legal Elite Hall of Fame, 2023, Florida’s Legal Leaders, Tax, 2021
• JD Supra Readers’ Choice Awards, Wealth Management, 2022
• Chambers USA: Florida: Tax: Estate Planning (Band 1), 2007 – 2018, Nationwide: Wealth Management: Eastern Region, 2007 – 2018
• Best Lawyers, Miami Area Trusts and Estates Lawyer of the Year, 2011
• Worth magazine, Top 100 Attorneys in the United States

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• Jewish National Fund, Legal Committee member
• TeachRock, member of Leadership Council for Steven Van Zandt’s charity
• Palm Beach Tax Institute, former president
• Boca Raton Estate Planning Council, member
• Tel Aviv Foundation, former board member
• Jewish Federations of North America, former member of the board of trustees and other committees

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