Michael P.Conway (Mike)

Partner

(T) + 1.312.269.4145

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 the placement of and coverage disputes under representation and warranty insurance policies. 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

Global financial institution defends claims in VRDO matters
Jones 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.

DataBank to acquire LightBound
Jones Day is advising DataBank in the acquisition of LightBound, an Indianapolis-based provider of colocation, Internet, voice, network, and cloud services.

Timken acquires Cone Drive
Jones 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.

Follett Higher Education Group and Nebraska Book Company form strategic sourcing partnership
Jones Day advised Follett Higher Education Group ("FHEG") in connection with a strategic sourcing partnership between FHEG and Nebraska Book Holdings, Inc. involving wholesale higher education course materials.

Data security company obtains dismissal of trade secret and tortious interference claims
Jones Day successfully defended a data security company against claims of tortious interference and violations of the Illinois Trade Secrets Act.

Private equity firm resolves claims of fraud and breaches of representations and warranty without litigation
Jones Day defended a private equity firm against claims of fraud and breaches of representations and warranty.

Investment firm exercises put option in sale agreement, resolves valuation dispute without litigation
Jones Day represented the seller of a large consumer products company in connection with the exercise of a "put option" in the sale agreement and a dispute over the valuation of the stock subject to the put option.

GE Healthcare and Roche enter partnership to develop integrated digital diagnostics platform
Jones Day advised GE Healthcare in its strategic partnership with Roche to develop an integrated digital diagnostics platform relating to oncology and critical care treatment.

Midwest financial institution obtains dismissal of lawsuit stemming from foreign wire transfer
Jones Day defended a Midwest financial institution in a litigation filed by former customers and other plaintiffs alleging negligence, abuse of process and conversion.

Financial institution investigates potential customer involvement with alleged Ponzi scheme
Jones Day conducted an internal investigation concerning potential customer involvement with an alleged Ponzi scheme and associated litigation risk, including evaluating potential claims and providing advice concerning limiting litigation exposure.

Digital Bridge in consortium with PSP Investments and TIAA Investments acquires Vantage Data Centers
Jones Day advised a consortium which includes Digital Bridge Holdings, LLC, a leading global communications infrastructure company, Public Sector Pension Investment Board (PSP Investments), and TIAA Investments (an affiliate of Nuveen), on the acquisition and related financing of Vantage Data Centers, a leading provider of data center solutions in support of mission-critical applications.

DataBank acquires data center facilities from 365 Data Centers
Jones Day advised DataBank, Ltd., a Digital Bridge portfolio company, in its acquisition of network neutral data center facilities in both Cleveland and Pittsburgh from 365 Data Centers.

DataBank acquires C7 DataCenters, Inc.
Jones Day advised DataBank Holdings Ltd. ("DataBank"), a portfolio company of Digital Bridge LLC, in connection with DataBank's acquisition of C7 DataCenters, Inc., a provider of data center services including colocation, cloud services, managed hosting, managed services, virtualization, business computer support, IT consulting services, and disaster recovery.

Private equity firm resolves insurance coverage dispute regarding representation and warranty policy
Jones Day represented a private equity firm seeking coverage under a representation and warranty insurance policy.

Private equity firm pursues fraud claims related to sale of portfolio company
Jones Day is serving as lead counsel to a private equity firm and its portfolio company in significant litigation asserting fraud and breaches of contractual representations and warranties in connection with the acquisition of the portfolio company.

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.

Additional Publications

  • August 2017Delaware Supreme Court Reverses Chancellor's Chicago Bridge Ruling
  • January 2017Accounting True-Up vs. Valuation Dispute
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