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 businesses and individuals in cases involving trade secret misappropriation, breach of contract, breach of fiduciary duty, and professional negligence claims. He litigates matters throughout the United States and has tried a dozen cases in state court, federal court and arbitration.
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 defending biosimilar maker Coherus Biosciences against trade secret litigation brought by Amgen over its chemotherapy drug Neulasta. Through the defense of this litigation, Coherus seeks to defend its right to introduce a biosimilar to market that will provide much needed competition and price savings to patients.
Following a week-long arbitration, we secured a complete defense verdict for our law firm client in a malpractice action arising from a $30 million unsuccessful real estate deal involving a large vineyard development and a sustainable community west of Sacramento. We defeated all of the plaintiffs’ asserted claims and the client was awarded $210,000 in unpaid attorney’s fees on its counterclaim.
Robin Antonick, programmer of the John Madden Football video game for the Apple II that was released in 1988, alleged that EA owed him royalties on sales of all Madden Football video games over the last twenty-two years. Antonick claimed that all Madden games since 1990 are derivative works of the game he programmed, and he was therefore owed royalties under a 1986 contract with EA. On behalf of EA, we contended that none of Antonick’s source code, which was written for a more primitive platform and was outdated by the time it was released, was ever used in any subsequent Madden game. Although the jury found in favor of Antonik, U.S. District Judge Charles Breyer later entered judgment for EA, reversing the award and strongly discouraging similar suits based on additional versions of the game. Judge Breyer's ruling was affirmed on appeal.
We defended 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. We secured a favorable settlement for our client shortly before trial.
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 and Eric MacMichael'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
Last Friday, the Massachusetts federal judge presiding over the “Varsity Blues” case denied several motions to suppress evidence and dismiss bribery and fraud charges against the parents involved in the college admissions scandal. The case will now proceed to trial in front of a Boston jury this fall. Read more