Video Center

What is your commercial litigation experience?

From Michael's interview for the Masters of the Courtroom series on ReelLawyers.com.

View Transcript

0:04
commercial litigation and my experience

0:06
really encompasses a broad range of

0:08
cases in a general sense commercial

0:11
litigation really refers to any type of

0:14
business related dispute and that case

0:16
might be brought in federal court it

0:18
might be brought in state court and

0:20
we’ve handled commercial cases across

0:22
the country in a wide variety of

0:24
business disputes sometimes representing

0:26
the companies that are being sued

0:28
sometimes it’s one company suing another

0:30
company sometimes it’s a group of

0:33
individuals maybe investors suing a

0:36
company or an individual and so we’ve

0:38
had quite a bit of success trying

0:40
commercial cases here in Federal Court

0:42
and state court and also in other

0:44
locations throughout the country and I

0:46
think again really having a wide variety

0:49
of trial experience is what really kind

0:51
of sets us apart when you get in

0:52
commercial litigation because ultimately

0:54
it doesn’t matter what type of case it

0:56
is you’re bringing a skill set to that

0:58
case a theme for the case a theory

1:02
executing by way of deposition and and

1:05
then ultimately getting the case

1:06
postured for trial or trying the case so

1:08
I think having all the trial experience

1:10
really serves as a benefit when we’re in

1:13
the uh commercial litigation Arena

How does your experience on both sides of employment cases help you?

From Michael's interview for the Masters of the Courtroom series on ReelLawyers.com.

View Transcript

0:04
if your career is dedicated to just one

0:07
type of case you you only represent the

0:09
defendants or you only represent the

0:11
plaintiffs I think there’s a tendency to

0:13
see things and shade things through a

0:15
certain lens because that’s your whole

0:17
body of experience so once you sort of

0:20
switch sides and start handling cases

0:21
for the other side of the case it really

0:24
opens your eyes to the challenges and

0:27
the opportunities and I think being on

0:30
the defense side you certainly have an

0:32
appreciation when you get to the

0:34
plaintiff side that every case does have

0:36
a monetary value ultimately and you

0:39
understand the pressures that the

0:41
defense side sees in a case and you also

0:44
understand the often unwillingness of

0:47
the defense clients to ultimately take

0:49
the case to trial so I think that can

0:51
help you be a little more aggressive in

0:53
representing the plaintiffs because

0:55
ultimately we want to get the cases to

0:57
trial because that’s really where our

0:59
skill set is most useful and where we’ve

1:01
been most successful

What is your experience in handling federal and state criminal appeals?

From Michael's interview for the Masters of the Courtroom series on ReelLawyers.com.

View Transcript

0:04
work has been pretty wide and varied

0:07
I’ve actually argued appeals in the

0:10
state of California in the Supreme Court

0:12
of Idaho in other Federal circuits but

0:15
the emphasis because we’re at Chicago

0:17
based is the seventh Circuit Court of

0:19
Appeals where I’ve argued many Federal

0:22
Criminal and Civil Appeals before the

0:24
seventh circuit and then also an

0:25
Illinois state court before the Illinois

0:28
Pelt courts in various locations in the

0:30
state arguing criminal cases on appeal

0:33
and also civil cases and that’s a much

0:36
different process and experience because

0:38
obviously you’re not before a trial

0:40
court judge you’re before a tribunal of

0:43
three judges and the fun part and the I

0:46
guess the exciting and scary part of

0:48
doing a pill work is that you know the

0:50
judges get to ask you whatever they want

0:52
whenever they want and interrupt you in

0:54
the middle of your argument so I think

0:56
it’s kind of a fun challenge as an

0:58
attorney to be able to think on your

1:00
feet and be the type of individual that

1:02
can just get peppered with questions and

1:04
be ready for you know sort of all comers

What is your commercial litigation experience?

From Michael's interview for the Masters of the Courtroom series on ReelLawyers.com.

View Transcript

0:04
commercial litigation and my experience

0:06
really encompasses a broad range of

0:08
cases in a general sense commercial

0:11
litigation really refers to any type of

0:14
business related dispute and that case

0:16
might be brought in federal court it

0:18
might be brought in state court and

0:20
we’ve handled commercial cases across

0:22
the country in a wide variety of

0:24
business disputes sometimes representing

0:26
the companies that are being sued

0:28
sometimes it’s one company suing another

0:30
company sometimes it’s a group of

0:33
individuals maybe investors suing a

0:36
company or an individual and so we’ve

0:38
had quite a bit of success trying

0:40
commercial cases here in Federal Court

0:42
and state court and also in other

0:44
locations throughout the country and I

0:46
think again really having a wide variety

0:49
of trial experience is what really kind

0:51
of sets us apart when you get in

0:52
commercial litigation because ultimately

0:54
it doesn’t matter what type of case it

0:56
is you’re bringing a skill set to that

0:58
case a theme for the case a theory

1:02
executing by way of deposition and and

1:05
then ultimately getting the case

1:06
postured for trial or trying the case so

1:08
I think having all the trial experience

1:10
really serves as a benefit when we’re in

1:13
the uh commercial litigation Arena

What is your experience in handling discrimination cases?

From Michael's interview for the Masters of the Courtroom series on ReelLawyers.com.

View Transcript

0:05
employment discrimination case is a

0:07
little different than a lot of attorneys

0:09
for about 10 or 15 years I worked

0:12
exclusively on the defense side of

0:14
employment discrimination cases meaning

0:15
that I would be representing the company

0:18
in litigation at at trial defending them

0:21
against accusations that they had

0:23
discriminated against an individual

0:25
based upon a wide variety of reasons

0:27
could be age race gender sexual

0:29
harassment but about 10 or 12 years ago

0:31
I sort of flip sides and now on a

0:34
regular basis I represent the

0:35
individuals who are suing companies for

0:39
discrimination again in a wide variety

0:41
of protected classes however I do from

0:44
time to time represent companies who are

0:46
being sued but have really a good basis

0:50
of experience a decade or so on each

0:51
side of the of the V so to speak so I

0:54
have a really good understanding of what

0:56
the defense side is thinking what

0:58
perspective their client may have and

1:00
then also clearly uh the perspective of

1:02
the planet the individual who’s bringing

1:04
the case and what will be the obstacles

1:06
and difficulties in winning that case at

1:08
trial

What should I look for in hiring a lawyer to defend me against federal charges?

From Michael's interview for the Masters of the Courtroom series on ReelLawyers.com.

View Transcript

0:05
a lawyer for a federal criminal case I

0:07
think there’s a multitude of factors but

0:09
several basic ones first of all does the

0:12
lawyer have a deep experiencing handling

0:14
Federal cases because there is a lot of

0:17
difference in terms of procedure law and

0:20
nuance and sort of courtroom decorum in

0:23
federal court versus state court so I’d

0:25
want an attorney who has a wide body of

0:27
federal experience number two and most

0:30
practically is an attorney who’s had

0:32
success actually winning Federal jury

0:35
trials because there’s only two options

0:37
in a federal case it’s either going to

0:38
plead or it’s going to go to trial so

0:40
I’d certainly want to know has this

0:43
attorney has they have they stepped

0:44
before a jury have they experienced the

0:46
success of getting not guilty jury

0:48
verdicts in federal court of course if

0:50
I’m a consumer or Advocate or anybody

0:53
I’d probably want to hire the person

0:55
that wins more often versus the person

0:58
who’s never won a case in federal court

0:59
so those would be key factors and the

1:02
last part would be just a comfort level

1:04
with the attorney again of the fact that

1:06
they feel that they can have a

1:08
relationship with them that they have a

1:10
hundred percent confidence that that

1:12
person is going to do everything they

1:14
can to either win the case at trial or

1:16
to get the most favorable plea agreement

1:18
that they can just a level of trust and

1:20
confidence and respect between the

1:23
lawyer and the client

What types of federal criminal cases have you tried?

From Michael's interview for the Masters of the Courtroom series on ReelLawyers.com.

View Transcript

0:04
my experience in handling cases on

0:07
behalf of defendants and federal

0:08
criminal cases is extremely wide a lot

0:11
of the cases surprisingly would seem

0:13
like they would be typically state court

0:14
cases so a wide variety of drug cases

0:18
gun cases cases such as carjackings

0:22
kidnappings bank robberies surprising to

0:25
some people a lot of those what are

0:27
called sort of Street crimes are federal

0:29
cases but also some of the larger cases

0:32
that we handled are things like murder

0:34
for hire in federal court Health Care

0:37
fraud on a regular basis bank fraud

0:41
conspiracy wire fraud mail fraud because

0:45
of our length of time I’ve been

0:46
practicing probably handled every type

0:48
of federal criminal offense that you can

0:50
imagine but in terms of the white collar

0:52
cases which is one of our Hallmarks they

0:55
typically tend to be in their domain of

0:57
healthcare fraud bank fraud mortgage

1:00
fraud some sort of fraud scheme that

1:03
allows the feds to charge the k

1:04
typically because there’s a wire fraud

1:07
element to whatever the fraudulent

1:09
scheme is that you can imagine that

1:11
could be charged in federal court

How many federal criminal trials have you won?

From Michael's interview for the Masters of the Courtroom series on ReelLawyers.com.

View Transcript

0:04
we’ve had eight separate cases where the

0:08
jury has returned uh not a single count

0:11
of guilty against our clients meaning

0:14
that in seven out of eight of those

0:16
cases the client is walking totally free

0:18
in the eighth case there was one count

0:21
against our client but that was a

0:23
mistried case a mistried count so eight

0:27
occasions where essentially the jury

0:29
didn’t find our client guilty of a

0:31
single count which is highly unusual in

0:33
federal court you have a lot of lawyers

0:34
who unfortunately have not experienced

0:37
the thrill of a not guilty in federal

0:39
court in a criminal trial some have

0:41
experienced once or twice and we’ve been

0:43
on that board about eight times which is

0:45
highly unusual and so that’s kind of one

0:48
of our calling cards our ability to be

0:50
successful against the feds in criminal

0:52
trials in Chicago and elsewhere

Can you tell us about a memorable case you handled involving federal charges?

From Michael's interview for the Masters of the Courtroom series on ReelLawyers.com.

View Transcript

0:04
probably like to talk about what one of

0:06
our most recent wins in January of 2023

0:10
we represent an individual who was a

0:13
high-ranking employee of a medical

0:15
device company and the case went to

0:17
trial here in federal court in Chicago

0:18
for a couple of weeks and we had been

0:21
working with a client since 2019 so it

0:24
was a culmination of four years of

0:26
effort and you know really a

0:29
firm belief from the get-go that this

0:32
client never should have been charged

0:34
that Not only was she not guilty but she

0:37
was innocent and after a two-week trial

0:39
after hearing from a dozen Witnesses or

0:41
so the jury returned to verdictive not

0:43
guilty on all charges against her and

0:46
it’s memorable in the sense that you

0:48
know going out with the client

0:49
afterwards to celebrate with her and her

0:51
mother to see the smile on her face it

0:54
really almost felt like I was with a

0:56
different person so I’ll always remember

0:58
that smile and and the real person

1:01
coming out after it’s sort of this

1:03
burden had been lifted from her out

1:05
there this four-year battle

What are the federal sentencing guidelines?

From Michael's interview for the Masters of the Courtroom series on ReelLawyers.com.

View Transcript

0:04
the federal sentencing guidelines are at

0:07
the Forefront of any criminal case from

0:09
your initial evaluation of the case

0:12
to assessing your odds at trial and

0:15
making a risk benefit with your client

0:16
and then of course if your client is

0:18
found guilty at the sentencing phase but

0:21
what they really are are series of

0:23
guidelines or rules that the courts

0:25
apply in federal cases which primarily

0:28
takes into two factors the offense level

0:31
that’s assigned to the crime meaning a

0:33
higher number would correspond with what

0:36
people believe to be the sentencing

0:38
commission believes to be a a more

0:39
serious offense and the second

0:41
significant factor would be the

0:43
defendant’s criminal history on how many

0:45
other occasions have they been convicted

0:47
of crimes but the federal sentencing

0:49
guidings have also changed in a real

0:51
significant way over the last 10 years

0:53
and now there’s something called the

0:55
3553 factors that the courts recognize

0:59
where we as attorneys can really bring

1:01
to the attention almost anything that

1:03
would be considered mitigating evidence

1:05
that should be considered in the court

1:07
sort of taking a holistic view of the

1:10
defendant but the reason why why people

1:12
place so much emphasis on the federal

1:14
sentencing guidelines are the often very

1:16
Draconian penalties associated with

1:19
federal crimes you might have a client

1:21
who’s facing a mandatory minimum

1:23
sentence of 10 years or 15 years or 20

1:27
years those are stiff sentences and

1:29
sometimes it might be up to life so you

1:32
have to be extremely confident in your

1:34
attorney that they have the ability to

1:36
take your case to trial because

1:38
sometimes you really don’t have any

1:40
choice a client’s often not going to

1:42
take sitting down without a trial 10 or

1:45
15 or 20 years or up to a life sentence

1:47
without going to trial so the selection

1:51
of a trial attorney who can take your

1:53
case to try out the federal level and

1:54
win is of Paramount importance

What kinds of state felony cases do you handle?

From Michael's interview for the Masters of the Courtroom series on ReelLawyers.com.

View Transcript

0:04
primarily started my career in terms of

0:07
Federal Criminal experience about 20 25

0:09
years ago doing exclusively Federal

0:11
cases but over the years getting a track

0:14
Road records of success in Federal

0:17
Criminal trials has led me to handle on

0:20
a very regular basis now a state court

0:22
criminal felony cases here in Illinois

0:24
and in other jurisdictions and by way of

0:27
example just last week we represented an

0:29
individual in a state felony case in

0:33
Illinois where the individual was a

0:35
charge with attempted murder and were

0:37
able to obtain a not guilty verdict for

0:39
that individual so on quite a regular

0:41
basis we represent individuals in state

0:43
felony cases here in Illinois and take

0:46
those cases of trial in cases ranging

0:48
anywhere from gun crimes to murder or

0:51
even some white collar offense cases

0:53
even though those are less frequently

0:55
charged in State Court

What is a whistleblower lawsuit?

From Michael's interview for the Masters of the Courtroom series on ReelLawyers.com.

View Transcript

0:04
whistleblower lawsuit is really you

0:07
probably want to Define them in two ways

0:08
there are state and federal statutes

0:11
that allow someone to come forward as a

0:13
whistleblower and bring forth

0:15
information to indicate that a company

0:19
or individual is either bilking the

0:22
government out of money or defrauding

0:24
the public so those are whistleblower

0:27
statutes devised to incentivize

0:29
individuals to come forth information

0:32
that essentially furthers either the

0:35
government good or the public good and

0:37
allows the Whistler to share in the

0:39
recovery meaning for instance if there

0:42
to be a million dollar recovery The

0:44
Whistleblower might get up to 30 percent

0:46
of that recovery the other type of

0:48
whistleblower case which is also common

0:50
and more common at the state court level

0:52
is where an individual comes forward and

0:55
Blows the Whistle internally at a

0:57
company about illegal activity and then

1:00
in turn they get fired and so that often

1:03
results in US representing them at file

1:05
in retaliation cases based upon their

1:07
whistleblowing

What is your experience in representing whistleblowers?

From Michael's interview for the Masters of the Courtroom series on ReelLawyers.com.

View Transcript

0:05
cases I can give you a good recent

0:07
example we represent an individual who

0:10
had complained internally to the Chicago

0:12
Transit Authority about what she

0:15
believed to be illegal activities and

0:17
then was fired shortly thereafter and

0:20
after a multi-year battle we finally

0:23
were able to get the case to trial here

0:25
in a Circuit Court of Cook County and

0:27
after trying that case before a jury for

0:29
a week week and a half the jury awarded

0:31
a substantial money award to our client

0:34
the plaintiff but to show the

0:36
difficulties of being invisible or we

0:38
then had to fight at the Appellate level

0:40
for several years before the Illinois

0:42
Pell Court in Illinois Supreme Court

0:44
just to get our whistlebar into position

0:46
to finally get paid so that really was

0:48
an example of a very rewarding but

0:51
taxing case which kind of shows the

0:54
dedication you need to the client to The

0:56
Whistleblower over a long period of time