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Michael P. O'Day

Michael P. O'Day


Chair, Baltimore Litigation Group


Mike O'Day is a trial lawyer who handles a broad range of complex business disputes in federal and state courts and arbitration throughout the country. He serves as the Chair of the Baltimore Litigation Group, a Tier 1 Chambers-recognized group.

Mike has significant experience in matters involving private equity and M&A disputes, construction and real estate litigation, consumer class action claims, investigations and hotel operations. He also counsels clients on insurance coverage and regulatory matters, risk/crises management, and dispute avoidance.

Bar admissionsMaryland


Representative Business Litigation Practice
  • Represents parties in various matters arising from business acquisitions, including indemnity claims, reps and warranties disputes, and accounting issues   
  • Successfully tried an arbitration in defense of seller’s alleged breaches of representations and warranties
  • Serving as national counsel for insurance companies in connection with business interruption claims concerning alleged economic loss from COVID-19. Won dismissals on motions to dismiss in numerous cases.
  • Serving as national counsel for hotel franchisor in lawsuits involving alleged human trafficking at premises. Won dismissals on motions to dismiss in numerous cases.
  • Represents insurance companies in various coverage disputes arising under Representations and Warranties policies, Property policies, Workers' Compensation policies, and Professional Liability policies.
  • Won summary judgment for hotel operator in defense of $60 million lawsuit alleging mismanagement
  • Achieved trial victory for supplier over the enforcement of a purchase agreement
  • Won summary judgment for hotel franchisor in defense of $75 million lawsuit alleging invasion of privacy and negligent infliction of emotional distress
  • Obtained US $2 million jury verdict for Limited Partner after two-week jury trial involving breach of contract and fiduciary duty claims arising from partnership dispute over low income housing tax credit property
  • Won complete dismissal on summary judgment and affirmance on appeal by Illinois appeals court of US$35 million claim involving the alleged breach of nondisclosure agreement and misappropriation of trade secrets
  • Represented the world's largest hotel operator in various hotel management disputes
Representative Investigations and Regulatory Practice
  • Representing insurance company in investigatory proceeding involving ratemaking issues before state department of insurance
  • Representing insurance company in administrative proceeding involving form filing dispute before state department of insurance
  • Conducted internal investigations for managed care organization involving various compliance matters
  • Conducted investigation and issued report and recommendations for manufacturer regarding OFAC issues
  • Conducted internal investigation and issued report and recommendations for consulting company arising from purported whistle-blower claims
Representative Construction and Real Estate Practice
  • Represented Fortune 100 Company in dispute over construction of its global headquarters
  • Represented medical center in various disputes over project delay, inefficiency, design, and defective work claims involving hospital renovation project
  • Represented national homebuilder in various construction defect claims filed throughout Maryland, including representation in five-week jury trial
  • Represented building owner/landlord in connection with major casualty giving rise to various personal injury and property damage claims
  • Represented county government in the prosecution of $100 million claims involving the design, construction and operation of a landfill
  • Represented engineering firm and construction manager in multi-million dollar professional liability disputes involving multiple real estate development projects in Florida
Representative Class Action Practice
  • Serving as national counsel for insurance company regarding consumer claims involving ratemaking practices in putative class action lawsuits, with achieving denials of class certification
  • Won dismissal of class action claims against insurer for alleged failure to pay interest on late paid bills of medical providers under Illinois' Workers' Compensation Act
  • Achieved a voluntary dismissal with prejudice for insurance company of putative class action claims in Washington challenging ratemaking practices and alleging excessive premiums for automobile insurance Defended similar claims under California law and suit withdrawn by Plaintiffs
  • Obtained a victory before the Delaware Supreme Court for insurance company affirming trial court's dismissal of putative class action claims alleging excessive premiums for UM and UIM motorist coverages
  • J.D., University of Baltimore
    Heuisler Honor Society
    magna cum laude
  • B.A., Loyola University Maryland


Chambers USA
  • Band 2, Maryland Construction (2022-2023)
Other recognitions
  • Recognized in The Best Lawyers in America for his work in Commercial litigation and construction (2023, 2024)
  • Recognized in Thomson Reuters' Stand-Out Lawyers (2024)
  • Named to The Daily Record's Very Important Professionals (VIP) list (2015)

Insight Overview

Michael has authored and co-authored appellate briefs in the Maryland Court of Special Appeals, Maryland Court of Appeals, the United States Circuit Courts of Appeal for the Second Circuit, Seventh Circuit and District of Columbia, and the United States Supreme Court.


  • Author of Chapter 23 – Maryland, State-By-State Guide to Architect, Engineer, and Contractor Licensing (2nd Ed. 2012)
  • Chapter Author, Inside the Minds: Construction Dispute Resolution (Aspatore, 2014 Ed.)


  • Presenter, "Construction Claims Discussion," CEO Roundtable (March 2019)
  • Presenter, "Leveraging Daubert/Frye Standards in Insurance Litigation for Expert Testimony in State and Federal Court," Strafford Webinars (July 2016)
  • Presenter, "Construction Design and Defect Litigation: Using Daubert/Frye to Challenge Admissibility of Expert Witness Testimony," Strafford Webinars (May 2016)

Clerk Experience

  • Law Clerk, the Honorable James R. Eyler, Court of Special Appeals of Maryland

Civic and Charitable

  • Maryland Chapter of the Federal Bar Association, Board Member
  • Horizon Day Camp, Leadership Board
  • Baltimore Bar Foundation, Trustee
  • Loyola University of Maryland, College of Arts and Sciences Advisory Board
  • Loyola University of Maryland, Forensic Studies Advisory Board

Memberships And Affiliations

  • Federal Bar Association, Maryland Chapter
  • American Bar Association
  • Maryland State Bar Association
  • Baltimore City Bar Association



+1 410 580 4293
(Work, Baltimore (Mount Washington))