Michael S. Leib

Michael has over 25 years of commercial litigation experience representing clients before trial courts and arbitration panels in high-stakes disputes, and has tried numerous cases in court and in arbitration. A member of the Global Commercial Disputes Group, Michael handles matters involving, among other things, class actions, trade secrets, employee restrictive covenants, breach of fiduciary duty, trusts and estates, shareholder disputes, contracts, and real estate.

Experience

Representative matters

Representing retail pharmacy in putative class action alleging fraud and deceptive business practices in relation to price charged for generic prescription drugs

Won dismissal of class action claims filed against manufacturer and distributor of nutritional supplements

Successfully defended life insurance company in a high-stakes indexed annuity class action case. Was successful in convincing the court to deny class certification and grant summary judgment in favor of client, with the court finding that there was not sufficient evidence of an “enterprise” to sustain a RICO claim, an argument for which Michael was the lead author

Representing retail pharmacy in putative class action alleging fraud and deceptive business practices in relation to price charged for generic prescription drugs

Won dismissal of class action claims filed against manufacturer and distributor of nutritional supplements

Won dismissal of class actions claims for violation of the Securities Act of 1933 filed against financing arm of a major U.S. car manufacturer

Won dismissal of class action claims filed against a major U.S. financial services company

Successfully represented a major U.S. bank in several securities fraud class action and state enforcement actions and investigations relating to auction rate securities

Successfully represented data management and consulting company against claim of tortious interference with non-compete and confidentiality provisions relating to an employee it hired. Obtained a denial of motion for temporary restraining order and dismissal of tortious interference count, with the court finding that the restrictive covenants were overbroad and unenforceable

Successfully represented engineering firm and three employees against claims of breach of contract, misappropriation of trade secrets, breach of fiduciary duty, tortious interference with contract, computer tampering, inevitable disclosure, and conversion. After court denied motion for temporary restraining order, obtained favorable settlement

Successfully represented data protection and recovery firm and its employee against claims of breach of non-compete, non-solicitation, and non-disclosure provisions, misappropriation of trade secrets, and tortious interference with contract, obtaining favorable settlement

Successfully represented IT solutions and service provider and various of its employees against claims of breach of contract, misappropriation of trade secrets, and violation of Computer Fraud and Abuse Act, obtaining favorable settlement

Successfully represented high frequency trader and programmer against claims of misappropriation of trade secrets and breach of fiduciary duty, obtaining favorable settlement

Successfully represented publisher against claim of misappropriation of trade secrets. After court denied motion for temporary restraining order, obtained favorable settlement

Represents both companies defending against trade secret and restrictive covenant claims and companies bringing such claims

Counsels clients on whether to hire individuals with restrictive covenants

Successfully represented major U.S. bank against a Mexican currency exchange that failed to pay bank over $38 million. After securing a prejudgment attachment over currency exchange’s U.S. bank account, currency exchange filed bankruptcy. In a case of first impression, successfully argued that the bank’s prejudgment attachment was not a preference and was protected by safe harbor provision

Successfully represented a major U.S. brokerage company and individual broker in claims of misrepresentation, breach of fiduciary duty, securities fraud, unsuitable recommendation and failure to supervise

Successfully represented a law firm in securities case brought by SEC

Represented the FDIC in recovering assets after the largest bank failure in U.S. history

Represented the FDIC in various commercial litigations

Successfully defended leading financial services firm and two of its officers against charges of breach of contract, tortious interference and breach of fiduciary duty

Represents financial services company against claim for indemnification related to sale of residential mortgage loans.

Successfully represented major U.S. bank against claims of breach of contract and aiding and abetting fraud

Successfully represented private equity company against avoidance claims in bankruptcy court related to sale of business

Won two week confidential arbitration in a family dispute over the meaning of various agreements regarding the appointment of trustees to certain family trusts.

Successfully represented two children of a trust beneficiary and their mother against claims for declaratory judgment, undue influence, tortious interference, and unjust enrichment brought by other family members seeking to invalidate father’s appointment of trust assets to the two children

Successfully obtained dismissal of breach of fiduciary duty claims brought against trustee

Successfully represented majority members of private limited liability companies in claims brought by minority members for breach of contract, breach of fiduciary duty, tortious interference, and fraud relating to failure of company and subsequent foreclosure sale of assets of company

Successfully represented shareholders in a derivative action brought against the board members of a series of hedge funds for breach of fiduciary duty

Successfully represented majority member of private limited liability company in arbitration against claims by minority member for breach of contract, breach of operating agreement, and breach of fiduciary duty and for dissolution of the company and an accounting

Successfully represented fifty-percent member of limited liability companies in dispute in which client alleged that member who ran companies was paying excessive salaries and improperly retaining cash on hand

Successfully defended manufacturer against breach of contract claim relating to rights as a member of a condominium association, including claims of improperly removing equipment and leaving facility in ill-repair. After defeating motion for temporary restraining order, obtained favorable settlement

Represented FDIC in investigation regarding real estate matter

Successfully represented contractor in mechanic’s lien litigation

Represented individual accused of Medicare fraud in week-long jury trial in federal court.

Represented more than 150 institutional investors pursuing securities fraud and other claims arising from their purchase of over $670 million in asset-backed securities. The case settled favorably for our clients before trial after extensive fact and expert discovery.

Successfully represented major healthcare company against claims of violation of the False Claims Act