Michael S. McCauley (Mike)

Partner

Los Angeles + 1.213.243.2455

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Mike McCauley represents Fortune 500 companies and leaders from many industries in complex construction and commercial disputes. He represents and advises public and private owners, design professionals, and contractors involved in disputes in a broad range of projects, including highway, building, energy, and industrial. Mike has represented clients at trial and in arbitrations.

Mike has won many of his cases on dispositive motions. For cases that have gone to trial, he has prevailed in all of them. For example, Mike prevailed in an arbitration for DIRECTV that resulted in an award of more than $28 million and a complete victory on a $50 million counterclaim. The Daily Journal highlighted this victory as one of the top verdicts of 2010 in California. Mike also prevailed in a trial in Orange County Superior Court for the Los Angeles Unified School District against a contractor asserting $90 million in damages against the School District for allegedly wrongfully terminating its contract. He also represented the Transbay Joint Powers Authority in the complex, highly publicized cases involving the movement of the Millennium Tower in San Francisco.

Mike maintains an active pro bono practice. He has represented local municipalities in criminal jury trials. He is a member of the Association of Business Trial Lawyers and the board of managers for the Stuart M. Ketchum Downtown YMCA. He is a founding board member of the Queen of Angels Foundation and of the Judicial Profile Committee for the LA County Bar Association.

Experience

  • Battery Storage secures judgment confirming $18,670,702.50 arbitration awardJones Day clients West Chicago Battery Storage, LLC and Joliet Battery Storage, LLC (collectively "Battery Storage") successfully defended confirmation of a contested arbitration award for $18,670,702.50 against BYD America Corp.
  • TJPA reaches global settlement in Millennium Tower litigationJones Day represented Transbay Joint Powers Authority ("TJPA"), one of the primary parties in the Millennium Tower litigation, which is one of the highest profile litigation matters in the United States.
  • MF Global Litigation Trust pursues claims against Jon Corzine and other former officersAs part of MF Global Holdings' confirmed plan of reorganization, Jones Day is representing the Litigation Trustee as plaintiff pursuing claims on behalf of creditors brought against Jon Corzine and other former officers for damages resulting from MF Global's demise.
  • SDG&E resolves construction disputes related to 117 mile long Sunrise Powerlink electrical transmission projectJones Day defended San Diego Gas & Electric, a division of Sempra Energy, against more than $200 million in claims asserted by the contractor responsible for constructing the Sunrise Powerlink, a 117 mile high voltage transmission line linking San Diego County and Imperial County.
  • DIRECTV defeats patent infringement charges over broadcast satellite TVJones Day defended DIRECTV and related companies in a patent infringement action involving multiple patents allegedly reading on aspects of its television satellite broadcast technology.
  • LAUSD wins trial establishing notice sufficient to terminate contractor for causeJones Day won a five week trial for Los Angeles Unified School District involving termination for cause of a contractor responsible for constructing and two new schools.
  • LAUSD defends against putative class action suit brought by two retired teachersJones Day represented the Los Angeles Unified School District ("LAUSD") in a putative class action brought by two retired teachers alleging LAUSD failed to abide by various collective bargaining agreements by providing promised retirement health benefits.
  • DIRECTV prevails in contract and patent matterJones Day successfully represented The DIRECTV Group, Inc. in its claim for millions of dollars of contractual indemnity in a matter requiring interpretation of underlying patent infringement claims.
  • Avanex and its directors and officers defend securities actionJones Day represents Avanex Corporation, and certain of its directors, officers, and employees, in a shareholder action brought in Los Angeles County Superior Court alleging that they made materially misleading statements regarding Avanex's business, prospects, and the departure of its chief executive officer.
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    May 2023 Commentary

    Supreme Court Issues Wetlands Ruling in Sackett v. EPA Decision

    June 2020 White Paper

    Construction Projects and Disputes: A Look Beyond the Lockdown, Part III

    May 2020 White Paper

    Construction Projects and Disputes: A Look Beyond the COVID-19 Lockdown, Part II

    May 2020 White Paper

    Construction Projects and Disputes: A Look Beyond the COVID-19 Lockdown

    February 2018 External Publications

    Hyundai Motor: Jones Day Lawyers Examine Class Decertification – Implications of the Ninth Circuit's Latest Ruling on Multistate Consumer Protection Class Actions, Class Action Reporter, Vol.20, No. 43

    September 15, 2017 External Publications

    Jumping the Gun on Arbitrability in the 9th Circuit, Daily Journal

    March 2016 External Publications

    Lessons From California's Split On Strict Liability, Law 360

    December 23, 2014 External Publications

    Fighting FCA Claims Against Corporate Executives, Law360

    October 29, 2012 External Publications

    Ignorance Is Not Bliss: 'Sham Affidavit' In 9th Circ., Law360

    January 19, 2011 External Publications

    Top Verdicts of 2010: DIRECTV, Inc. v. Confidential Vendor, Daily Journal
    View All

    Additional Publications

    • December 2024
      Construction Home-Court Statutes: Scope, Enforcement, and Preemption Under the Federal Arbitration Act, The Construction Lawyer (ABA)
    • August 2, 2024
      California Supreme Court says goodbye to Saint Agnes: Prejudice no longer required to waive arbitration, The Daily Journal
    • November 2022
      Goodbye Saint Agnes: High Court revisits precedent requiring prejudice to show arbitration waiver?, The Daily Journal
    • July 2021
      Forum Selection Clauses: Waiver Of The Right To Remove And Related Drafting Pitfalls, The Practical Real Estate Lawyer
    • July 2021
      Checklist 26: Drafting Mediation and Arbitration Clauses, ABA Construction Checklists, Second Edition: A Guide to Frequently Encountered Construction Issues
    • January 2021
      Construction Projects and Disputes in the COVID-19 World: A Look Beyond the Lockdown, American Law Institute

    Additional Speaking Engagements

    • December 10, 2024
      Termination of Construction Contracts: Mock Court Hearing and Live Fireworks
    • March 22, 2024
      Construction Termination Issues, The Seminar Group – 10th Annual California Construction Law
    • January 24, 2024
      Construction Termination Disputes: Look Before You Leap
    • May 2022
      The Seminar Group – 8th Annual California Construction Law Notice and Claim Presentation Requirements: Litigation the Owner’s First Line of Defense
    • January 2022
      Notice and Claim Presentation Requirements
    • January 26, 2021
      Lawyers and Social Media, Ethical Considerations
    • December 3, 2020
      Ethical Considerations: TV Lawyers “Do’s and Don’ts”
    • June 25, 2020
      Major Construction Projects: Tips For Avoiding Common Owner Mistakes During A Pandemic
    • January 30, 2020
      Two Yutes and an Ethically Challenged Cousin Vinny
    • January 31, 2019
      Mediation of Construction Disputes: Dos and Don'ts
    • January 22, 2015
      Avoiding Ethical Traps Presented by New Technology
    • January 14, 2014
      Ethics Flack Jacket for In-House Counsel
    • January 24, 2013
      Recent Legal Ethics Developments for Corporate Counsel
    • January 26, 2012
      Ethical Considerations in Resolving Disputes and Settling Litigation
    • January 12, 2012
      Ethical Considerations in Settling Disputes and Litigation
    • January 28, 2010
      Ethical Pitfalls in Internal Investigations: Issues of Privilege, Cooperation with the Government, and Conflicts of Interest

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