Consumer & Class Actions,
Contract & Commercial,
White Collar Criminal
Eric MacMichael has extensive experience handling white collar criminal matters and complex civil litigation. He has represented numerous individuals and companies under investigation or indictment by the Department of Justice in such areas as securities fraud, insider trading, banking-related crimes, tax evasion, accounting and revenue recognition fraud, antitrust (including bid rigging), computer crimes, mail and wire fraud. Mr. MacMichael has also represented individuals and businesses in civil cases involving breach of contract, securities fraud, breach of fiduciary duty, and professional negligence claims. He litigates matters throughout the United States and has tried cases to verdict in many state and federal courts, and before arbitration panels.
He was awarded the 2012 California Lawyer magazine California Lawyer of the Year (CLAY) award for achievements in pro bono work for overturning the unjust conviction of Caramad Conley, imprisoned for more than 18 years for a crime he did not commit.
We are currently defending the former CEO of Fannie Mae in an SEC action filed in the Southern District of New York related to Fannie Mae’s disclosures regarding its exposure to “subprime” and “Alt-A” residential mortgages.
The Securities and Exchange Commission launched a securities fraud suit in California federal court against our client, a former vice president of sales. The SEC claimed he grossly inflated his company's revenue in order to raise additional capital from investors. We also defended him in a parallel criminal investigation. We were able to prevent any criminal charges from being filed, and resolved the SEC case for a small penalty.
We represented American cyclist and seven-time Tour de France champion Lance Armstrong in connection with the U.S. Department of Justice's investigation into professional cycling, which terminated on February 3, 2012 with the announcement that there would be no charges and the investigation was being closed.
We defended a high-ranking company official in one of the nation’s first criminal stock options backdating cases to go to trial. We obtained the dismissal of the majority of the charges. Our client was sentenced to 60 days imprisonment on the remaining charges.
We represented three individuals in a breach of contract and California corporations code action relating to terms of an investment contract. We settled the case favorably for our client before going to trial.
In this pro bono habeas corpus case, we overturned the unconstitutional conviction of Caramad Conley, who had been wrongly sentenced to life in prison without the possibility of parole for a double homicide he did not commit. We discovered thousands of dollars of undisclosed payments and other benefits given to a the linchpin prosecution witness by the San Francisco police, none of which had ever been disclosed to Mr. Conley or his trial counsel. We used this evidence to convince California Superior Court Judge Marla Miller to vacate Mr. Conley’s conviction. The State elected not to appeal Judge Miller’s ruling or retry Mr. Conley, and instead released him from custody after 18 years of unlawful imprisonment. For his efforts on Mr. Conley’s behalf, lead trial counsel Dan Purcell was awarded the 2012 California Lawyer magazine Attorney of the Year Award for achievements in pro bono work.
We defended Comcast in a nine-patent case involving high-speed Internet and digital TV services. Rembrandt originally filed the case in the Eastern District of Texas, but in conjunction with other co-defendants, we obtained multi-district consolidation and transfer to the District of Delaware. Based upon claim construction rulings, Rembrandt conceded non-infringement of eight of the nine patents, preserving only its right to appeal the claim construction as to the ninth. The Federal Circuit then upheld the claim construction on that last patent, resulting in non-infringement. We also helped Comcast secure an exceptional-case determination and a resulting award of over $10 million in fees and costs.
Brook Dooley, Eric MacMichael, Matan Shacham and Katherine Lovett will cover the significant cases of 2014 and their impact. Read more
Brook Dooley, Eric MacMichael and Katherine Lovett's article highlights some of 2014’s key developments in white collar practice, along with cases to watch in 2015. Read more
Dan Purcell, Eric MacMichael and their team fought for Caramad Conley, who spent 18 years in prison after being wrongfully convicted in a double-murder case. Read more
In a stunning order, Breyer entered judgment for Electronic Arts in a dispute with video game designer Robin Antonick, who had accused the company of cheating him out of royalties for the wildly popular Madden Football series. Read more
On behalf of a former Silicon Valley executive accused of accounting fraud, Keker & Van Nest has won a round in their battle with the Securities and Exchange Commission, landing sanctions against the commission for dragging its heels in discovery. Read more
Brook Dooley and Eric MacMichael will discuss cases involving FCPA enforcement, antitrust, public corruption, intellectual property theft, insider trading, and securities enforcement in connection with the financial crisis. Read more
Eric MacMichael answers how to prepare for an increasing number of white-collar prosecutions. Read more
Keker & Van Nest wins a complete victory in patent infringement case. Read more
They dedicated five years to exonerate Caramad Conley, a man who was wrongfully convicted of a double homicide and spent 18 years in prison. Read more
Northern California Innocence Project commends Keker & Van Nest's pro bono efforts. Read more
Dan Purcell and his team greeted Caramad Conley as he took his first steps as a free man after serving 18 years for a double-murder conviction that a judge ruled had been obtained through perjured testimony. Read more
Dan Purcell, Eric MacMichael, and Zachary Bookman proved Caramad Conley was unconstitutionally convicted and wrongly imprisoned for 18 years. Read more