Michael S. Gardener specializes in complex civil and criminal litigation and class actions, representing Fortune 100 corporations, health care companies, real estate developers and financial institutions in courts across the country. In addition to his full litigation practice, Michael also serves as General Counsel to the firm.
- Michael litigated one of the largest bankruptcy proceedings ever brought in the District of Massachusetts involving claims owed on International Place, a premier office tower in Boston. Michael’s client was a secured creditor and is the largest office tower owner and developer in the United States. At the close of Michael’s presentation of evidence in the trial, the debtor agreed to pay Michael’s client $679 million, allowing the client to realize a return of more than double its cash investment in less than 10 months. See, In re Fort Hill Square Associates, United States Bankruptcy Court, District of Massachusetts, Docket Nos. 04-13855, 04-13857.
- Michael was lead trial counsel for an international energy company, and after a six-day trial, defeated an effort by a private equity firm to have the Delaware courts compel a sale of the multibillion-dollar company. See, Oxbow Carbon & Minerals Holdings, Inc. v. Crestview-Oxbow Acquisition, LLC, Del. Supreme Court No. 536, 2018 (1/17/19).
- Michael represented a Fortune 50 company under investigation by the federal government and 24 state attorneys general for alleged violations of the False Claims Act regarding drug pricing matters. Despite two years of grand jury proceedings, Michael persuaded the government agencies not to pursue any criminal charges and subsequently negotiated a favorable civil settlement.
- Michael defended a leading national health care company in a False Claims Act action brought in federal court in South Carolina. Although the Department of Justice sought damages and penalties well in excess of $100 million, the matter settled for low seven figures.
- Following over a week of trial, Michael won an arbitration award completely dismissing all claims of material breach of a collaboration agreement that would have deprived Michael’s client, an international biotech company, of its fifty percent interest in a billion-dollar drug.
- Michael represented the CEO of a Fortune 50 company in a federal political corruption investigation. While other officers of the company were indicted (and subsequently acquitted), no charges were ever brought against Michael’s client.
- Michael is representing a major oil company in connection with a multi-state investigation asserting violations of Underground Storage Tank Fund statutes and regulations.
- Representing a multibillion-dollar grocery chain and its president, Michael won a verdict of dismissal following a trial in the US District Court in Massachusetts in a case alleging violations of ERISA by Michael’s clients. See, Evanthea Demoulas v. Sullivan.
- Representing the nation’s largest laboratory testing corporation and its board of directors, Michael won a complete dismissal of a shareholder derivative action seeking over $300 million in damages. See, Stern v. Baldwin, N.J. Chancery Court, Docket No. MRS-C-88-09.
- Michael won a full dismissal of a $240 million derivative shareholders action brought against a major health care client. See Cornish v. Britell, N.J. Chancery Court, Docket No. MRS-C-155-11.
- Michael represented the plaintiff, a major real estate company, in the first and only case in the history of Massachusetts to succeed in overturning an eminent domain taking on the ground of municipal bad faith. See, Pheasant Ridge Ltd. Partnership v. Town of Burlington, 399 Mass. 771, 506 N.E. 2d 1152.
- Representing a business corporation against a national bank in a jury trial in the US District Court in Massachusetts, immediately following the commencement of Michael’s cross-examination of the bank’s chief witness, the bank quadrupled its settlement offer and the case resolved.
- Representing one of the largest cable companies in the United States, Michael succeeded in negotiating a favorable settlement of false advertising and unfair and deceptive business practices claims asserted by the Massachusetts Attorney General.
- Member, American Bar Association
- Member, Massachusetts Bar Association
- Member, Boston Bar Association
- Member of Board of Directors, Temple Emanuel in Newton, Massachusetts
- University of Pennsylvania Law School (JD)
- Cornell University (BS)
- United States Court of Appeals for the First Circuit
- United States District Court for the District of Massachusetts
- United States Supreme Court
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