Michael P. O'Day

Representative Business Litigation Practice

• Represents parties in various matters arising from business acquisitions, including indemnity claims, reps and warranties disputes, earnout claims, valuations and accounting issues   
• Successfully tried an arbitration in defense of seller’s alleged breaches of representations and warranties
• Defeated class certification in lawsuits alleging deceptive practices and unfair discrimination in use of algorithms and models in pricing
• Serving as national counsel for insurance companies in connection with business interruption claims concerning alleged economic loss from COVID-19. Won dismissals on motions to dismiss in numerous cases.
• Serving as national counsel for hotel franchisor in lawsuits involving alleged human trafficking at premises. Won dismissals on motions to dismiss in numerous cases.
• Represents insurance companies in various coverage disputes arising under Representations and Warranties policies, Property policies, Workers' Compensation policies, and Professional Liability policies.
• Won summary judgment for hotel operator in defense of $60 million lawsuit alleging mismanagement
• Achieved trial victory for supplier over the enforcement of a purchase agreement
• Won summary judgment for hotel franchisor in defense of $75 million lawsuit alleging invasion of privacy and negligent infliction of emotional distress
• Obtained US $2 million jury verdict for Limited Partner after two-week jury trial involving breach of contract and fiduciary duty claims arising from partnership dispute over low income housing tax credit property
• Won complete dismissal on summary judgment and affirmance on appeal by Illinois appeals court of US$35 million claim involving the alleged breach of nondisclosure agreement and misappropriation of trade secrets
• Represented the world's largest hotel operator in various hotel management disputes

Representative Investigations and Regulatory Practice

• Representing insurance company in investigatory proceeding involving ratemaking issues before state department of insurance
• Representing insurance company in administrative proceeding involving form filing dispute before state department of insurance
• Conducted internal investigations for managed care organization involving various compliance matters
• Conducted investigation and issued report and recommendations for manufacturer regarding OFAC issues
• Conducted internal investigation and issued report and recommendations for consulting company arising from purported whistle-blower claims

Representative Construction and Real Estate Practice

• Represented Fortune 100 Company in dispute over construction of its global headquarters
• Represented medical center in various disputes over project delay, inefficiency, design, and defective work claims involving hospital renovation project
• Represented national homebuilder in various construction defect claims filed throughout Maryland, including representation in five-week jury trial
• Represented building owner/landlord in connection with major casualty giving rise to various personal injury and property damage claims
• Represented county government in the prosecution of $100 million claims involving the design, construction and operation of a landfill
• Represented engineering firm and construction manager in multi-million dollar professional liability disputes involving multiple real estate development projects in Florida

Representative Class Action Practice

• Serving as national counsel for insurance company regarding consumer claims involving ratemaking practices in putative class action lawsuits, with achieving denials of class certification
• Won dismissal of class action claims against insurer for alleged failure to pay interest on late paid bills of medical providers under Illinois' Workers' Compensation Act
• Achieved a voluntary dismissal with prejudice for insurance company of putative class action claims in Washington challenging ratemaking practices and alleging excessive premiums for automobile insurance Defended similar claims under California law and suit withdrawn by Plaintiffs
• Obtained a victory before the Delaware Supreme Court for insurance company affirming trial court's dismissal of putative class action claims alleging excessive premiums for UM and UIM motorist coverages