Michael P. O'Day

Representative Business Litigation Practice

• Serving as national counsel for insurance companies in connection with business interruption claims concerning alleged economic loss from COVID-19
• 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 $2 million jury verdict after two-week jury trial involving breach of contract and fiduciary duty claims arising from partnership dispute over low income housing tax credit property
• Represented insurance company against $35 million claim involving the alleged breach of nondisclosure agreement and misappropriation of trade secrets and won complete dismissal on summary judgment and affirmance on appeal by Illinois appeals court
• Represented the world's largest hotel operator in various hotel management disputes
• Represented insurance company in wrongful death and emotional distress claims involving the denial of benefits, resulting in successful motion to dismiss
• Represented franchisor against contract and tort claims by franchisee arising from asset sale, with a majority of the claims disposed of on a motion to dismiss
• Represented software company in arbitration over dispute concerning consulting/development agreement
• Represented various individual defendants in connection with fraud and unjust enrichment claims involving the sale of fuel and alleged rebate fraud by one of the county's largest private companies brought as putative class action claims in state, federal and multi-district litigation
• Prosecution of breach of contract claims on behalf of software consulting company in the United States District Court for the Southern District of New York. Obtained money judgment and pierced the corporate veil which was affirmed by the Second Circuit and achieved recovery out of bankruptcy proceedings

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 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 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
• Represented owner in connection with disputes over the design and construction of major renovations to National Aquarium in Baltimore
• Represented national railroad company in multi-week arbitration over construction defect and environmental remediation claims involving property in Pennsylvania
• Represented NFL franchise in arbitration involving disputes over the design and construction of stadium
• Represented owner/developer on warranty and defect claims for multiple communities in Delaware
• Represented University in connection with the negotiation of various design and construction agreements for development of projects spanning the past ten plus years

Representative Class Action Practice

• Serving as national counsel for insurance company regarding consumer claims involving ratemaking practices in putative class action lawsuits
• 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
• Represented insurance company in putative class action claims alleging the failure to pay statutory interest on medical bills under Pennsylvania's Workers Compensation Act
• Won dismissal of class action claims alleging improper adjustments to third-party provider medical bills based on the use of computer software
• Represented insurance company in putative class action challenging the use of independent medical examinations to make benefits determinations under Massachusetts law

• 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)
• Presenter, "Warranties, Completion, Damages, Indemnity, Termination and Dispute Resolution," Maryland Judicial Institute (March 2014)
• Presenter and Author, "Change Orders in Maryland: Delays and Dispute Resolution," Lorman Education Services (March 2014)
• Presenter, "Custom Tailoring the AIA Construction Contract," Advanced Maryland Real Property Institute, Baltimore, Maryland (October 2012)
• Presenter, "The Basics of Construction Law – Key Contract Provisions," Maryland State Bar Association Annual Meeting, Ocean City, Maryland (June 2012)
• Presenter, "Basic Construction Law for Judges – Damages, Indemnity and Termination," Maryland Fifth Judicial Circuit Meeting, Columbia, Maryland (June 2012)