Mike’s practice focuses on trying complex civil cases, federal criminal defense, energy and environmental cases, administrative and licensure proceedings, and internal investigations. Mike is mostly known as a trial lawyer, having tried 21 cases since 2012. Mike has tried – and won – cases in multiple state and federal courts on behalf of companies, doctors, business executives, elected officials, the State of West Virginia, and individual plaintiffs. In just the last three years, Mike has successfully tried nine cases. In the healthcare arena, Mike’s representation of a health system wrongly accused of False Claims Act violations has resulted in a multimillion-dollar recovery for his client.

Before returning to private practice in 2012, Mike was an Assistant United States Attorney for the Southern District of West Virginia. As a federal prosecutor, Mike focused on white-collar and public corruption investigations. The grandson of a former coal miner and state mine inspector, Mike was privileged to work on the criminal investigation of the Upper Big Branch coal mining accident in which 29 miners lost their lives. That investigation resulted in a $209 million corporate settlement – the largest resolution of a mining case in history.

Previously, Mike served as a law clerk to the Hon. Robert B. King of the U.S. Court of Appeals for the Fourth Circuit and the Hon. Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia.

A native of Parkersburg, West Virginia, Mike graduated from The Ohio State University and The George Washington University Law School in Washington, D.C. Following law school, Mike practiced at Gibson, Dunn & Crutcher in Washington, focusing on labor and employment, white-collar criminal defense, and government contracts litigation.

Representative Matters

• Lead counsel in successful defense of Supreme Court Justice in first impeachment trial in West Virginia since 1875

• Obtained summary judgment for Governor of West Virginia in Freedom of Information Act (FOIA) case

• Successful defense of health system wrongly accused of False Claims Act, Stark Law, and Anti-Kickback Statute violations – followed by successful prosecution of claims against the accusers, resulting in multimillion dollar recovery

• Lead trial counsel in obtaining multimillion dollar verdict in Ohio for family whose home was destroyed by gas utility

• Lead outside counsel pursuing antitrust claims in the asphalt industry on behalf of the State of West Virginia, resulting in a $101.35 million settlement – the largest single-state antitrust settlement in West Virginia history

• Obtained summary judgment in federal court on behalf of state public health officer in challenge to mandatory school vaccine program

• Hired as lead counsel for well operator six days before trial of a complex environmental case – after deliberating for less than an hour, the jury returned a complete defense verdict

• Obtained summary judgment in federal court on behalf of the West Virginia Department of Environmental Protection in case alleging violations of multiple environmental laws

• Obtained complete dismissal after trial for a publicly traded gas company in a state Public Service Commission proceeding

• Verdict at federal trial in favor of businesswoman alleging civil rights violations arising from malicious prosecution

• Defense at federal trial of medical office manager charged with conspiracy to distribute prescriptions, resulting in a full acquittal after a two-week jury trial

• Lead trial counsel in a federal criminal tax prosecution of a coal operator – the jury acquitted our client of 23 charges and the federal government was forced to return $10 million that had been seized from our client

• Defense at federal trial of a CEO accused of criminal campaign finance violations and false statements – after a deadlocked jury, the federal government dropped the case

• Verdict at trial in favor of doctor pursuing bad faith insurance claims against his medical malpractice insurer

• Defense at federal trial of doctor charged with unlawful prescribing of prescription medications and facing two life sentences – after a three-week trial resulted in a deadlocked jury, the case was resolved on favorable terms in a binding plea agreement

• Representation at federal bankruptcy trial of state environmental agency, resulting in a multimillion recovery for the State to clean up abandoned coal mining operations

• Appointed class counsel in multimillion dollar settlement of federal telemarketing case

• Defense at trial of client charged with first-degree murder for which the State sought a life sentence without parole – the jury instead returned a verdict of voluntary manslaughter

• Representation of medical practice employees in federal grand jury investigation

• Representation of the Attorney General in enforcing generic drug pricing laws against pharmacies, resulting in multimillion recoveries for the State of West Virginia

• Representation of lawyers, doctors, and pharmacists before disciplinary and licensing boards in multiple states

• Representation of publicly traded companies in products liability actions, antitrust claims, grand jury investigations, and in responding to governmental subpoenas

Admissions

• West Virginia

• Virginia

• Ohio

• Kentucky

• District of Columbia

• Pennsylvania

• U.S. Court of Appeals for the Fourth Circuit

• U.S. Court of Appeals for the D.C. Circuit

• U.S. Court of Appeals for the Sixth Circuit

• U.S. District Court for the Southern District of West Virginia

• U.S. District Court for the Northern District of West Virginia

• U.S. District Court for the District of Columbia

• U.S. District Court for the Western District of Virginia

• U.S. District Court for the Eastern District of Virginia

• U.S. District Court for the Eastern District of Kentucky

• U.S. District Court for the Northern District of Ohio 

• U.S. District Court for the Southern District of Ohio

Professional Background

• Partner, Bailey & Glasser LLP, Charleston, WV

• Assistant U.S. Attorney for the Southern District of West Virginia

• Law Clerk, Hon. Joseph R. Goodwin, Chief Judge, U.S. District Court for the Southern District of West Virginia

• Law Clerk, Hon. Robert B. King, Judge, U.S. Court of Appeals for the Fourth Circuit

• Associate, Gibson, Dunn & Crutcher LLP, Washington, D.C.