Michael P. Conway (Mike)

Partner

Chicago + 1.312.269.4145

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Mike Conway, an experienced commercial litigator, has handled dozens of trials and arbitrations, encompassing a variety of industries and substantive areas. Much of his work has been for financial services firms, including national and regional banks, brokerage firms, hedge funds, and trading firms. He has represented financial institutions in litigation flowing from the credit crisis, including litigation concerning mortgage-backed securities and mortgage put-back litigation. Mike also has defended financial services firms in class action litigation involving consumer lending and protection statutes, as well as in individual claims alleging fraud, breaches of fiduciary duty, and contract claims.

Mike has extensive experience representing private equity firms, including more than a dozen significant post-closing disputes involving contract, tort, and statutory claims. In addition, he has represented private equity firms in matters relating to representation and warranty insurance policies, including policy negotiation and coverage disputes. Mike also has represented private equity firms in disputes with co-investors, partners, and third-party advisors.

Mike has tried and arbitrated cases across the country for a variety of clients in other industries. He has represented large privately held and family-owned companies in trials and injunctive proceedings alleging fraud, breach of fiduciary duty, and minority oppression. He was involved in two successful antitrust trials and appeals regarding restriction on the telecasts of NBA games. Mike has represented many clients in litigation and emergency hearings involving the enforcement of post-employment restrictive covenants and trade secrets and won an arbitration in a nationally publicized retaliatory discharge case involving the U.S. Women's soccer team.

Experience

  • Former shareholders obtain settlement in post-closing disputeJones Day obtained a settlement on behalf of former shareholders in a post-closing dispute.
  • Private equity firm and portfolio company obtain voluntary dismissal of employment-related claimsJones Day represented a private equity firm and one of its portfolio companies in litigation brought by a former remote employee of the portfolio company.
  • Private equity firm resolves coverage dispute based on breaches of representations and warrantiesJones Day represented a private equity firm in a coverage dispute against a global insurance company that issued a representations and warranties policy for the transaction at issue.
  • VSE Corporation partners with The Loar Group to acquire Desser AerospaceJones Day advised VSE Corporation (NASDAQ: VSEC) ("VSE") in its acquisition (the "Acquisition") of Desser Aerospace ("Desser") for a purchase price of $124 million.
  • Securities broker-dealer defends unsuitability claims in FINRA arbitration mattersJones Day is defending a large securities broker-dealer in several FINRA arbitrations related to claims of unsuitable investment recommendations.
  • Global financial institution defends claims in VRDO mattersJones Day is defending a global financial institution in several matters related to its activities as remarketing agent for variable rate demand obligations (“VRDOs”) issued by agencies or units of state and local government.
  • Multinational corporation resolves indemnity claim for breaches of representations and warrantyJones Day represented a multinational corporation in litigation arising from its purchase of a company.
  • Financial services company responds to DOJ investigation into its Paycheck Protection Program loan practicesJones Day is representing a financial services company in DOJ investigations related to its administration of Paycheck Protection Program ("PPP") loans.
  • Riverside portfolio company acquires manufacturing facility in Mexico, MissouriJones Day advised The Riverside Company in the acquisition and financing by portfolio company Parker Products of a manufacturing facility located in Mexico, Missouri.
  • Global investment banking firm resolves trustee dispute without litigationJones Day defended a global investment banking firm against claims asserted by a liquidating trustee of a bankrupt entity that had previously engaged our client.
  • Follett Corporation divests Baker & Taylor division to private investor groupJones Day advised Follett Corporation in its divestiture of its Baker & Taylor division, the world's premier distributor of physical and digital books and services to public and academic libraries, which will now operate as an independent, privately-owned entity group led by Baker & Taylor's President and CEO Aman Kochar.
  • Financial institution obtains appellate victory in putative class action claims relating to alleged Ponzi schemeJones Day secured an appellate victory for a financial institution facing a putative class action asserting claims arising from an alleged Ponzi scheme.
  • CIBC secures dismissal of putative class asserting claims under the CARES ActJones Day successfully represented Canadian Imperial Bank of Commerce in a putative class action arising under the CARES Act's Paycheck Protection Program ("PPP"), obtaining dismissal of all claims.
  • KeyBank obtains dismissal of class action involving agent fees related to PPP loansJones Day successfully represented KeyBank in obtaining dismissal of a putative class action seeking payment of agent fees associated with Paycheck Protection Program ("PPP") loans.
  • JinkoSolar sold two solar photovoltaic (PV) plants in Mexico to White River RenewablesJones Day advised JinkoSolar Holding Co., Ltd., one of the world's largest and most innovative solar panel manufacturers, in the sale of two solar photovoltaic (PV) plants in Mexico to White River Renewables.
  • Central American conglomerate acquires significant strategic real estate holding in HondurasJones Day represented a Central American conglomerate in the acquisition of a significant strategic real estate holding in Honduras.
  • DataBank acquires LightBoundJones Day advised DataBank in connection with the acquisition and related financing of LightBound, an Indianapolis-based provider of colocation, Internet, voice, network, and cloud services.
  • Private equity firm obtains victory in working capital arbitrationJones Day successfully represented a private equity firm in a working capital dispute following the sale of a consumer products company to a Fortune 500 food products company.
  • Fortune 500 agribusiness and food company obtains arbitration victory arising from purchase price disputeJones Day successfully represented a Fortune 500 agribusiness and food company in a post-closing purchase price dispute arising out of our client's purchase of a U.S. food processing business.
  • Timken acquires Cone DriveJones Day advised The Timken Company in its acquisition of Cone Drive, a leader in precision drives used in diverse markets including solar, automation, aerial platforms, and food and beverage.

    • The following represents experience acquired prior to joining Jones Day.

    Represented several regional and national banks in mortgage put-back litigation and financial institutions in lawsuits involving the sale of mortgage-backed securities.

    Represented a private equity firm in fraud and breach of representation and warranty litigation relating to a client’s purchase of a manufacturing business. Case settled after victory on a dispositive motion.

    Defended several class actions for clients including financial institutions and consumer products corporations. Substantive claims included purported violations of consumer lending and protection statutes and common law theories. Results in these cases have included denials of class certification as well as victories on summary judgment and motions to dismiss.

    Lead defense counsel for a bank in litigation alleging fraud and breach of fiduciary duty in connection with misappropriation of funds by a customer’s accountant.

    Lead trial counsel representing a private equity firm in an arbitration concerning coverage under a representation and warranty policy.

    Counsel for electronics manufacturer in defense of litigation filed by state attorney general alleging global price fixing conspiracy.

    Trial victory in derivative litigation filed against the officers and directors of a closely-held business by minority shareholders.

    Lead counsel defending a private equity firm in breach of contract litigation following the sale of a portfolio company.

    Lead counsel representing a consumer products company in arbitration involving the alleged breach of a $1.6 billion supply agreement.

    Represented television station in two antitrust trials against a professional sports league stemming from the league’s efforts to block the station from telecasting games.

    Lead counsel in an arbitration victory in a nationally publicized retaliatory discharge case involving the U.S. women’s soccer team.

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    February 2024 White Paper

    Earnout Provisions: When Litigation Arises and How to Avoid It

    June 2023 Alert

    The U.S. Supreme Court Affirms the Government's Authority to Dismiss FCA Qui Tam Cases After Declining to Intervene

    June 2023 Alert

    The U.S. Supreme Court Clarifies the Scienter Standard for False Claims Act Cases

    February 2023 Commentary

    2022 False Claims Act Statistics Reveal More New Cases and More Settlements (But Lower Total Recoveries)

    September 2021 Alert

    DOJ Rescinds Limits on the Use of Agencies' Guidance Documents in Civil Enforcement Actions

    October 2020 White Paper

    Six Months of COVID-19 Relief: Enforcement and Litigation Trends for Borrowers

    August 2017 Jones Day Publications

    Delaware Supreme Court Reverses Chancellor's Chicago Bridge Ruling

    January 2017 Commentary

    Accounting True-Up vs. Valuation Dispute

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