Michael A.Carvin (Mike)

Partner

Washington + 1.202.879.7643

In his 35 years at the Justice Department and in private practice, Mike Carvin is one of the leading appellate and trial lawyers challenging state and federal regulations on constitutional and statutory grounds, with 10 Supreme Court arguments and numerous high-profile victories. In addition to his numerous cases in the United States Supreme Court, he has argued in virtually every federal appeals court. His major cases include the recent constitutional challenge to the Affordable Care Act and the decisions invalidating Sarbanes-Oxley's accounting board, preventing the Justice Department from obtaining monetary relief against the tobacco industry under RICO, overturning the federal government's plan to statistically adjust the census, limiting the Justice Department's ability to create "majority-minority" districts, and upholding Proposition 209's ban on racial preferences in California.

Mike was one of the lead lawyers, and argued before the Florida Supreme Court, on behalf of George W. Bush in the 2000 presidential election Florida recount controversy. He also has represented state governments, financial institutions, telecommunications, and energy companies in "takings," First Amendment, civil rights, and statutory challenges to federal government actions.

Experience

  • SBA List wins dismissal of libel suit by congressmanSusan B. Anthony List, a national pro-life advocacy organization and Jones Day client, was granted summary judgment on a defamation claim brought by former Member of Congress Steve Driehaus, who challenged advertisements opposing his reelection during the 2010 congressional campaign.
  • Washington Legal Foundation successfully challenges FDA's "off label" speech restrictionsOn behalf of the Washington Legal Foundation, Jones Day filed an amicus brief in, and participated in oral argument before, the Second Circuit in an appeal involving the First Amendment limits to the FDA's regulatory regime for prescription drugs under the Federal Food, Drug and Cosmetic Act (the "FDCA").
  • National Federation of Independent Business prevails in constitutional challenge to individual health-insurance mandateJones Day represented the National Federation of Independent Business ("NFIB") and other private parties in the landmark legal challenge to the Patient Protection and Affordable Care Act, based on the Act's mandate that legally compelled virtually every American to obtain health insurance.
  • Transocean defends against litigation and handles other matters related to 2010 Gulf of Mexico explosion and oil spillJones Day represented Transocean Offshore Deepwater Drilling, Inc. and certain of its affiliates in connection with the April 20, 2010 explosion of the Deepwater Horizon drilling rig at the Macondo well in the Gulf of Mexico that resulted in the deaths of eleven crew members and the largest oil spill in U.S. history.
  • Free Enterprise Institute wins challenge of constitutionality of Public Company Accounting Oversight BoardOn June 28, 2010, the United States Supreme Court invalidated a key provision of the Sarbanes-Oxley Act of 2002, ruling in favor of Jones Day clients Free Enterprise Fund and Beckstead and Watts, LLP.
  • Washington Mutual wins $356 million award in U.S. Court of Federal Claims for damages in "Winstar" case arising from the S&L loan crisis of the 1980'sThe United States Court of Federal Claims awarded $356 million to Jones Day's client Washington Mutual Bank (now JPMorgan Chase Bank), with additional damages still to be awarded that could increase the award to as high as $450 million.
  • PSEG wins dismissal of suit seeking return to customers "stranded costs" recovered as part of electric industry deregulationOn behalf of Public Service Electric Gas & Electric Co. (PSEG), Jones Day obtained dismissal of a suit attempting to return to customers stranded costs recovered by the utility as part of the electric industry deregulation.
  • University of Notre Dame successfully appeals case involving taxpayer standing and alleged Establishment Clause violationsJones Day provided successful appellate representation before the Seventh Circuit and U.S. Supreme Court on behalf of the University of Notre Dame regarding taxpayer standing and alleged Establishment Clause violations.
  • EDS successfully defends nationwide class actions involving incorrectly administered and/or scored Series 7 broker examinationsJones Day successfully obtained and defended the dismissal of a nationwide class action complaint against its client, Electronic Data Systems Corporation ("EDS"), in this litigation concerning administration of an examination for individuals who seek to become securities brokers (the "Series 7 exam").
  • U.S. Chamber of Commerce and private employers prevail in U.S. Supreme Court ruling that California law was preempted by NLRAJones Day represented the United States Chamber of Commerce and a group of private employers challenging portions of a 2000 California law that prevented employers from using state funds to "assist, promote or deter union organizing."
  • R.J. Reynolds defends massive RICO case brought by U.S. government against tobacco manufacturersIn September 1999, the United States Department of Justice sued Jones Day client R.J. Reynolds Tobacco Company, its major competitors, and others seeking (a) recovery of alleged excess health care insurance costs under the Medical Care Recovery Act and the Medicare Secondary Payer provisions of the Social Security Act; and (b) relief under the civil provisions of the Racketeer Influenced Corrupt Organizations Act ("RICO").
  • Congressman Boehner wins damages and attorney's fees in suit over disclosure of illegally recorded tapeJones Day represented Congressman John A. Boehner, who sued Congressman James McDermott for unlawfully disclosing an illegally recorded tape of a telephone conversation among Boehner and other House of Representatives leaders, including then-Speaker Newt Gingrich.
  • Hempstead's Town Council redistricting plan is successfully defended against voters' preliminary injunction actionJones Day successfully defended the Town Council of the Town of Hempstead, New York, and the Town of Hempstead, New York, in a preliminary injunction action seeking a court imposed redistricting plan.
  • Individuals and businesses prevail before D.C. Circuit in challenge to Affordable Care Act subsidiesOn July 22, 2014, a divided panel of the D.C. Circuit agreed with Jones Day's individual and corporate clients that the IRS had overreached by authorizing federal subsidies for health insurance purchased through the federal health insurance Exchange, known as HealthCare.Gov.
  • United Company supports Mingo Logan Coal Company as amicus curiae in important environmental case before D.C. CircuitIn September 2012, Jones Day filed an amicus brief before the D.C. Circuit on behalf of The United Company seeking affirmance of the lower court's determination that the Clean Water Act does not authorize the EPA to revoke a § 404 permit after it is issued.
  • New York Senate successfully defends redistricting plan against voters' preliminary injunction actionJones Day successfully defended New York Senate Majority Leader Dean G. Skelos, Chairman of the New York State Legislative Task Force on Demographic Research and Reapportionment ("LATFOR") Senator Michael F. Nozzolio, and LATFOR member Welquis R. Lopez in a preliminary injunction action seeking a court-imposed redistricting plan.
  • President of Florida Senate obtains preclearance from Department of Justice for redistricting planJones Day successfully represented President of the Florida Senate Mike Haridopolos in preclearance proceedings before the U.S. Department of Justice and U.S. District Court for the District of Columbia.
  • New York Senate obtains preclearance from Department of Justice for redistricting planJones Day successfully represented New York Senate Majority Leader Dean Skelos in preclearance proceedings before the U.S. Department of Justice and U.S. District Court for the District of Columbia.
  • South Carolina state legislative redistricting plan survives voters' claims of Equal Protection Clause and Voting Rights Act violationsJones Day represented Glenn F. McConnell, the President Pro Tempore of the South Carolina State Senate, in a three-judge federal district court case challenging the Senate districts under the Equal Protection Clause and Voting Rights Act.
  • Majority Leader Eric Cantor successfully defends Virginia Congressional redistricting plan against voters' constitutional claimsJones Day filed an amicus brief before the Circuit Court of the City of Richmond on behalf of Majority Leader Eric Cantor and Representatives Rob Wittman, Randy Forbes, Robert Hurt, Bob Goodlatte, and Frank Wolf, in support of the defendants.
  • Senate Majority Leader Skelos wins on appeal in suit challenging the constitutionality of New York's Senate redistricting planJones Day successfully defended Senate Majority Leader Dean G. Skelos before the trial court and on appeal, in a suit challenging the constitutionality of New York's redistricting plan for the state Senate.
  • South Carolina Senate Majority Leader obtains preclearance from the Justice Department for redistricting planJones Day successfully represented South Carolina Senate Majority Leader Glenn F. McConnell in preclearance proceedings before the U.S. Department of Justice and U.S. District Court for the District of Columbia.
  • State of North Carolina legislative and Congressional redistricting plans receive preclearance from the Department of JusticeJones Day successfully represented the State of North Carolina in preclearance proceedings before the U.S. Department of Justice and U.S. District Court for the District of Columbia.
  • Dr. Abigail Thernstrom and former DOJ officials support Northwest Austin as amici curiae in important Voting Rights Act case before the Supreme CourtIn February 2009, Jones Day filed an amicus brief before the U.S. Supreme Court on behalf of Dr. Abigail Thernstrom, who is an adjunct scholar at the American Enterprise Institute and Vice Chair of the U.S. Commission on Civil Rights, and five former Justice Department officials.
  • New York public school forced to change discriminatory admission policyIn April 2008, a Jones Day Washington team won a significant victory ending a policy by the New York City Department of Education ("NYDE") that effectively discriminated against minority students applying to a prestigious public middle school in Brooklyn.
  • Verizon Wireless defends against consolidated putative class actions brought under the Fair and Accurate Credit Transactions ActJones Day obtained on behalf of Verizon Wireless vacatur of the district court's preliminary approval of a tentative classwide settlement and a judgment on the pleadings in consolidated putative class actions brought under the Fair and Accurate Credit Transactions Act (FACTA).
  • Goodyear prevails in important Supreme Court Title VII decision involving statute of limitations periodJones Day represented Goodyear Tire & Rubber Co. in a pay discrimination action that resulted in an important decision for employers.
  • Colorado voters challenge constitutionality of Colorado's voting district map in U.S. Supreme CourtJones Day represented the Colorado General Assembly when four Colorado voters brought suit under §1983 to challenge the constitutionality of Colorado's voting map.
  • Dell obtains dismissal of case challenging constitutionality of financial incentives provided by North CarolinaJones Day represented computer manufacturer Dell Inc. in a case challenging the constitutionality of nearly $250 million in financial incentives provided by the State of North Carolina.
  • Maricopa County Attorney challenges the establishment of separate DUI courts for Native American and Spanish speakersJones Day represented the Maricopa County Attorney in a civil rights action challenging the establishment of separate DUI courts for Native American and Spanish speakers.
  • University of Notre Dame successfully defends ability to receive AmeriCorps fundingJones Day represented the University of Notre Dame in defending against an Establishment Clause challenge to AmeriCorps funding received by Notre Dame education students providing secular services in parochial schools, culminating in a favorable decision by the D.C. Circuit.
  • R.J. Fitzgerald & Co. seeks review by U.S. Supreme Court of commodities fraud standards applied by 11th CircuitJones Day represented R.J. Fitzgerald & Co., Inc., in seeking review in the U.S. Supreme Court in this case involving the standards for commodities fraud.
  • City of Jackson, Mississippi appeals disparate impact claims in age discrimination case to U.S. Supreme CourtThe City of Jackson, Mississippi, retained Jones Day to represent it before the U.S. Supreme Court in this case, which presents the question whether "disparate impact" claims are available under the Age Discrimination in Employment Act.
  • Colorado General Assembly petitions U.S. Supreme Court to review Colorado decision invalidating redistricting planJones Day was retained to prepare a petition urging U.S. Supreme Court review of the Colorado Supreme Court's decision invalidating a congressional redistricting plan enacted by the state legislature in 2003.
  • Goodrich ensures that internal solicitation for contributions to PAC comply with federal election lawJones Day helped Goodrich Corporation ensure that its internal solicitations for contributions to its PAC comply with federal election law.
  • Diebold takes measures to ensure ethics rules on political activity comply with laws in all jurisdictions where it operatesJones Day helped Diebold formulate its corporate code of ethics, specifically provisions dealing with political activity and campaign contributions.
  • NY state legislative redistricting plan is defended against voter claims of 14th Amendment and Voting Rights Act violationsJones Day lawyers successfully defended a state legislative redistricting plan against challenge by voters claiming that New York's 2002 state senate redistricting plan violated the Fourteenth Amendment and the Voting Rights Act.
  • Speaking Engagements

    • December 12, 2013
      Executive Roundtable Series - A Year-End Legislative Roundup and Forecast
    • December 12, 2012
      Executive Roundtable Series
      A Year-End Legislative Roundup and Forecast
    • June 5, 2012
      Health Care Reform: What If They Throw the Whole Thing Out?
    • March 28, 2012
      Healthcare 2012: Issues & Answers For A Complex Industry
    • March 28, 2012
      Health Care 2012: Issues and Answers for a Complex Industry
    • December 15, 2011
      2011 Speaker Series
      Constitutional Limitations to Economic Regulation and Litigation
    • December 7, 2011
      Executive Roundtable Series - Taking on the Government: Litigation Against the Executive and Legislative Branches
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