Michael Hays joined Dow Lohnes in 1984, became a Member in 1988 and is co-head of the Litigation Group. He is a former Assistant United States Attorney for the District of Columbia who has tried over fifty jury trials and made numerous appellate arguments. Mr. Hays has represented high-technology and other companies in a variety of complex commercial and intellectual property litigation and other matters including class action securities fraud, trade secret, business tort, communications litigation, patent, and breach of contract actions. Mr. Hays also has considerable experience in conducting internal investigations and in representing clients before the General Accounting Office and through the appellate process in connection with bid protests and other government contract disputes.
This experience includes litigation of: trade secret actions involving a switch-based reselling of telecommunications services, air traffic control systems, and heat exchangers; false claims act cases involving educational institutions; patent cases involving, among other things, internet auctioning; securities fraud class action involving a defunct internet service provider; securities action seeking short swing profits on hybrid security; class action breach of fiduciary duty claims in going private transactions; copyright claims against a major radio company; numerous breach of contract actions involving complex commercial transactions; action challenging enforceability of bank commitment letter; fraud claims with respect to the rights to a major cellular market; criminal conspiracy case involving allegations of mortgage fraud; and injunctive actions against the United States Government relating to First and Fifth Amendment claims on behalf of companies. Mr. Hays has also advised numerous companies regarding business strategy and litigation options.
Mr. Hays graduated from Princeton University, with Honors in the Woodrow Wilson School of Public and International Affairs, and was a recipient of the Woodrow Wilson School Senior Thesis Prize. He served in the United States Navy on active duty, where he was involved in communications work. He also worked as an analyst at the Center for Naval Analyses. He then attended Georgetown University Law Center. He was selected to serve as an Editor of the Georgetown Law Journal based on his class rank.
After graduation, he clerked for the Honorable Lloyd F. MacMahon, United States District Court Judge for the Southern District of New York. He served as an Assistant United States Attorney for the District of Columbia for five years, where he received the United States Department of Justice Special Achievement Award. Mr. Hays is a Faculty Member, National Institute of Trial Advocacy. He was also selected to serve as a member of the Appellate Advocacy course, co-sponsored by the United States Court of Appeals for the District of Columbia and the District of Columbia Bar.
Memberships and Activities
Law Clerk - Judge Lloyd MacMahon, U.S. District Judge, Southern District of New York
Assistant U.S. Attorney - District of Columbia
Faculty Member - National Institute of Trial Advocacy
Faculty Member - Appellate Advocacy
Member - Board of Directors, Council For Court Excellence
Editor - Georgetown Law Journal
Former Chairman - Criminal Justice Committee, Council for Court Excellence
Co-Chairman - District of Columbia Grand Jury Study Committee
Representative Matters
At Home Corp. v. Cox Communications, Inc., et al., 340 F.Supp.2d 404 (S.D.N.Y. 2004), aff'd 446 F.3d 403 (2d Cir. 2006) (dismissal of federal short swing profits claim seeking over $600 million).
Auction Management Solutions, Inc. v. Manheim Auctions, Inc., No. Civ.A. 1:05-CV-0639 (N.D. Ga. filed Mar. 8, 2005) (ongoing defense of patent infringement action).
Leykin v. AT&T Corp., et al., 423 F. Supp. 2d 229 (S.D.N.Y. 2006) (dismissal of federal securities fraud class action predicated on misappropriation of trade secrets seeking over $2 billion in damages).
Swedish Civil Aviation Admin. v. Project Management Enterprises, Inc., No. Civ. A. DKC 2001-1507 (D. Md.) (represented defendant in misappropriation of trade secrets action).
Edwards v. SunCom, 631 S.E.2d 529 (S.C. 2006) (representation of cellular telephone company before South Carolina Supreme Court in connection with consumer class action litigation).
In re Cox Communications, Inc. S'holders Litig., 879 A.2d 604 (Del. Ch. 2005) (litigation challenging multi-billion dollar going private action).
United States Telecom Association v. FCC, 295 F.3d 1326 (D.C. Cir. 2002) (representation of intervenor State of Iowa before D.C. Circuit in connection with Universal Service issues).
Successfully represented company in delisting proceeding before the New York Stock Exchange involving alleged noncompliance with listing criteria.
Obtained injunction against the Secretary of Education for improperly terminating a college's Title IV funds in violation of the college's due process rights.
Representation of educational institution in investigation and resulting hearing conducted by the Senate Permanent Subcommittee On Investigations on financial aid fraud.
Representation of defense contractors in ITAR investigations being conducted by the Defense Security Service and United States Attorneys' Offices.
Special Investigation Counsel for company in Chapter 11 bankruptcy analyzing potential claims against bondholders for misconduct in exercising remedies.
Representation of lawyer in grand jury investigation by the Public Integrity Section of the U.S. Department of Justice involving contributions by foreign national to U.S. Presidential campaign.
Representation of CEO of title insurance company in criminal case involving alleged conspiracy to violate bank fraud, mail fraud, and wire fraud statutes.
Representation of CEO of paging company in fraud investigation by the Federal Communications Commission.
Representation of a Japanese company in international proceeding regarding a dispute with an Indonesian and a Filipino company over rights to a geosynchronous orbital position.
Litigation counsel to a U.S. company in a dispute regarding broadcast rights in China.
Representation of an Italian provincial government and various businesses in a dispute with the United States over an incident in which a military aircraft severed a ski cable in Italy.
Representation of a U.S. foundation in connection with a dispute with the Russian government regarding a $200 million museum exhibition of the Romanov jewels.
Representation of U.S. company in arbitration against Spanish company before the International Chamber of Commerce in Paris.
Presentations and Articles
Presenter, Webcast, "The World After Hendow: When Ambiguity Reigns Supreme," Career College Association presentation on False Claims Act issues (May 18, 2007)
Panelist, "Just When You Thought It Was Safe" (addressing False Claims Act Qui Tam actions), 2006 Education Industry Finance and Investment Summit (December 2006)
Testimony before the Council of the District of Columbia, Committee on the Judiciary, with respect to Bill 16-746 (2006) ("Criminal Record Expungement Act of 2006")
Panelist, "New Life for Whistle Blowers," 2005 Education Industry Finance and Investment Summit (December 2005)
Presenter, "Conducting Internal Investigations," Compliance and Ethics Seminar, Career College Association (November 2005)
"Target Practice? Key reforms would restore balance to the federal grand jury system," Legal Times, October 1, 2001
"To Be or Not To Be: The Letter of Intent," Corporate Legal Times (January 1997)
"Nonparty Enforcement of Antitrust Consent Decrees Through Contempt Proceedings," Georgetown Law Journal (Vol. 64 No. 3)