Michael S.Fried (Mike)

Of Counsel

Washington + 1.202.879.3434

Mike Fried has extensive experience with appellate litigation and has focused, among other areas, in antitrust, constitutional law, and intellectual property. The National Law Journal has called Mike a "nimble" oral advocate, and he has argued cases at all levels of the federal judiciary, including the United States Supreme Court, United States Courts of Appeals, and federal district courts. He has been profiled as the "Appellate Lawyer of the Week" in The National Law Journal, and The Legal 500 has listed him as a recommended lawyer for Supreme Court and appellate litigation and for commercial litigation.

Mike argued Taniguchi v. Kan Pacific in the United States Supreme Court, a significant statutory interpretation case under 28 U.S.C. section 1920 addressing the allocation of costs between the parties in civil litigation in which Jones Day's client prevailed 6-3.

Mike has published articles on issues including, among others, statutory interpretation, federalism, and intellectual property. His writings have been cited by Justice Scalia (in "Reading Law: The Interpretation of Legal Texts"), praised by a federal court as "[p]articularly helpful in analyzing" issues relating to statutory interpretation, In re Kane, 336 B.R. 477, 485 n.16 (Bankr. D. Nev. 2006), and cited in judicial opinions and legal journals. See, e.g., Cox v. Laycock, 345 P.3d 689 (Utah 2015); Monge v. Acabbo, 2016 WL 7135072 (Superior Ct. Conn. 2016); and Jim Chen, "Judicial Epochs in Supreme Court History."

Experience

  • ICANN obtains advice in highly publicized decision regarding proposed sale of .ORG registryJones Day successfully advised ICANN in conjunction with its highly publicized decision over whether to reject the proposed sale of the .ORG registry on the Internet to a private equity firm that had offered to pay over $1 billion for the registry.
  • R.J. Reynolds wins reversal of fraud judgment in Engle progeny caseJones Day represented R.J. Reynolds Tobacco Company in an Engle progeny case brought by the estate of deceased smoker Evelyn Whitmire.
  • Cabell cleared to acquire St. Mary's following dismissal of FTC antitrust lawsuit to block transactionAfter a nearly two-year fight with the U.S. Federal Trade Commission, Cabell Huntington Hospital, Inc. has overcome all regulatory hurdles to its acquisition of St. Mary’s Medical Center, Inc., clearing the way to combine Huntington, West Virginia’s only two health systems.
  • STERIS defeats FTC's attempt to block Synergy Health acquisition on antitrust groundsIn a rare litigation defeat against the Federal Trade Commission, Ohio based STERIS Corporation prevailed against an antitrust challenge brought in federal court by the FTC, which sought to block STERIS's proposed $1.9 billion acquisition of Synergy Health plc.
  • Chevron successfully pursues federal court and administrative actions to challenge process for finalizing ownership interests at Elk Hills oil fieldJones Day successfully represented Chevron Corporation in several administrative proceedings and two trials in the U.S. Court of Federal Claims in matters relating to the administrative process established by the parties to finalize the government’s and Chevron’s ownership interests of the Elk Hills oil field near Bakersfield CA, the largest unitized oil field in North America.
  • American Airlines merges with US Airways in $11 billion dealJones Day represented American Airlines in the antitrust investigation and federal court challenge to its $11 billion merger with US Airways, which closed after the Department of Justice and State attorneys general agreed to settle their lawsuit that sought to block the deal.
  • Japanese national obtains favorable U.S. Supreme Court ruling in case addressing allocation of litigation costs between partiesOn May 21, 2012, the United States Supreme Court decided a significant case regarding the allocation of litigation expenses in civil cases, ruling in favor of Jones Day client Kouichi Taniguchi, in Taniguchi v. Kan Pacific Saipan, Ltd.
  • R.J. Reynolds prevails in challenge to largest ''Engle progeny'' judgmentOn April 9, 2012, in an important decision both for tobacco litigation and for personal injury litigation in Florida, generally, the First District Court of Appeals for Florida reversed a $79.2 million personal-injury award against Jones Day client R.J. Reynolds Tobacco Company as the product of passion and contrary to law.
  • 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.
  • sanofi-aventis wins unanimous jury verdict in Arava antitrust litigationJones Day defended sanofi-aventis in an antitrust jury trial involving the claims of a class of drug wholesalers that sanofi had unlawfully blocked generic competition for its rheumatoid arthritis drug Arava.
  • Dana Corporation obtains Global Settlement and creates VEBA trusts for retiree health care benefitsJones Day successfully represented Dana Corporation in obtaining a series of settlements to eliminate an enormous accumulated liability for health and life insurance benefits for retirees from its unionized and nonunion workforces, and to modify its collective bargaining agreements with active employees, allowing Dana to compete in the troubled auto industry upon emergence from bankruptcy.
  • ICANN wins dismissal of RICO and antitrust lawsuit by domain name registrantJones Day represented the Internet Corporation for Assigned Names and Numbers (ICANN) in a RICO and antitrust lawsuit brought by a domain name registrant.
  • Crown settles arbitration in connection with retiree health benefits class actionJones Day represented Crown Cork & Seal Company, Inc. in a class action dispute with the United Steelworkers of America (USW) involving Crown's unilateral modification of the level of retiree health benefits for approximately 10,000 retirees formerly represented by the USW.
  • Bombardier settles subpoena enforcement action related to Amtrak Inspector General investigationBombardier, Inc. was represented by Jones Day in a subpoena enforcement action related to an investigation by Amtrak's Inspector General.
  • Individual plaintiffs prevail in landmark U.S. Supreme Court case interpreting supplemental jurisdiction statuteJones Day represented individual plaintiffs in this personal injury action raising the jurisdictional question whether the requirement that every plaintiff in a diversity case must separately satisfy the jurisdictional amount-in-controversy requirement survives the enactment of the supplemental jurisdiction statute, 28 U.S.C. § 1367.
  • R.J. Reynolds Tobacco wins appeal of punitive damages awarded under Kansas law in individual smoker actionR.J. Reynolds Tobacco Company retained Jones Day to file an appeal of punitive damages awarded to an individual smoker who suffered a personal injury resulting from peripheral vascular disease and had brought suit against Reynolds under Kansas law.
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