Michael G. Lewis

Recent Representations Include:

Criminal and Investigatory Experience

• A Paycheck Protection Program lender in connection with multi-jurisdictional government investigations, civil enforcement proceedings, and a related contract dispute arising from its approximately USD 7 billion loan portfolio.
• The Port Authority of New York and New Jersey in conducting an independent investigation into operational disruptions at JFK International Airport and issuing related public report
• A construction company executive charged in the Southern District of New York with bribery and public corruption offenses
• A multi-national food processing corporation in connection with a CFTC investigation relating to position limits on trading in agricultural commodities and cash position reporting
• The audit committee of a publicly–traded telecommunications company in connection with criminal and civil Foreign Corrupt Practices Act investigations and a related internal investigation
• A global pharmaceutical company in connection with its investigation into a former employee's allegations that his termination constituted retaliatory action
• A global media company in a multi-jurisdictional investigation of corruption involving the FIFA World Cup 
• A pool of senior executives of a major automobile manufacturer in a DOJ investigation into alleged manipulation of emission control devices, and related civil litigation 

Commercial and Business Litigation

• A global biopharmaceutical company in litigation alleging breach of an indenture governing more than 700 million publicly traded contingent value rights issued in a strategic merger, where plaintiff claimed the company failed to use "diligent efforts" to obtain timely FDA approval of a product candidate; obtained dismissal for lack of federal subject matter jurisdiction based on the plaintiff's failure to secure trustee appointment as required by the indenture.
•  An international media network in its defense of defamation claims pending in the Southern District of New York
•  A leading global charitable organization in several civil Anti-Terrorism Act actions, securing dismissal of three matters on motions to dismiss for failure to state a claim and/or lack of personal jurisdiction.
•  A leading D&O insurer in a jury trial in the Eastern District of New York defending against claims brought by director of publicly traded technology company, resulting in complete defense verdict, which was affirmed on subsequent appeal before US Court of Appeals for the Second Circuit
•  A major food company and its Board of Directors in securities fraud class action and related derivative claims alleging fraudulent channel-stuffing
•  An energy company in defending against class action claims arising out of the sale and distribution of fuel oil in the New York metropolitan region
•  A global clothing retailer in a breach of contract dispute in the Southern District of New York
•  Insurance companies in litigations and arbitrations in multiple jurisdictions relating to a workers compensation profit-sharing program
•  A coal and petroleum provider and its officers in an adversary proceeding filed in the Southern District of West Virginia
•  A Canadian soil remediation company in an action brought by a US prime contractor arising from alleged bid-rigging activities at a superfund site in New Jersey

Real Estate and Foreclosure Litigation

• Obtained judgment for a major publicly–traded REIT setting a significant precedent on the effect of COVID on the fair market value of residential real estate in New York City
• A premier real estate development firm in a foreclosure action pending in the Southern District of New York stemming from lender's failure to provide relief during the COVID-19 pandemic
• A commercial guarantor in an action alleging personal liability arising from breach of the springing recourse provisions of a commercial loan agreement
• Major national bank and special servicer defendants in lender liability claims arising from leasehold mortgage for US$27 million loan in New York Supreme Court, New York County
• Lender, special servicer plaintiff and special-purpose entity in foreclosure action on a US$16 million loan in New York Supreme Court, Nassau County