Overview

Michael (Mike) P. Matthews is a partner with Foley & Lardner LLP and serves as chair of the Tampa Litigation Department and as chair of the firm’s False Claims Act Litigation group. As a member of the firm’s Government Enforcement Defense & Investigations and Securities Enforcement & Litigation Practices, Mike represents individual and corporate clients in a variety of government enforcement and securities litigation matters, including False Claims Act litigation, securities class actions, shareholder derivative actions, SEC enforcement matters, antitrust, and white collar criminal matters, as well as other complex litigation matters. In particular, he has litigated numerous federal and state qui tam whistleblower cases and has argued a variety of issues arising under the False Claims Act at both the trial and appellate level. A member of Foley’s Health Care Industry Team and co-chair of the firm’s Health Care Litigation group, he has represented individuals and entities in many aspects of the health care industry, including telehealth, managed care, medical device manufacturing, pharmaceutical manufacturing, health care provider systems, biotechnology, diagnostics, pharmacy and pharmacy benefit management, and medical equipment providers. To watch a video clip of a recent oral argument by Mike at the Florida Supreme Court, see http://fla.st/1iXZrT2 (in which he successfully argued for the reversal of a client’s conviction and life sentence based on the trial court’s exclusion of another man’s confession to the crime, see “News” at left sidebar).

Mike also conducts internal investigations on behalf of corporations, audit committees, special litigation committees, and boards of directors. Engagements in securities and shareholder litigation matters include representations of a number of public companies, the former general counsel of a Fortune 50 company, the former CFO of a Fortune 500 company, and various officers and directors of other domestic and multinational companies. For example, recently Mike orally argued motions to dismiss a putative Section 10(b) securities class action filed against a for-profit education company and its senior officers and a putative Section 14(a) securities class action against a financial services company and its directors. He also represents accountants and accounting firms in auditor liability and accountant malpractice cases, as well as Public Company Accounting Oversight Board (PCAOB) proceedings.

As a member of the firm’s Business Litigation & Dispute Resolution and IP Litigation Practices, Mike litigates and tries a variety of other complex commercial, intellectual property, and civil disputes. In particular, he has trial experience in a range of intellectual property matters, including trade secret misappropriation, copyright infringement, and equitable ownership of patents. Mike and his colleagues at Foley also won a significant civil rights jury verdict that destruction of an affordable housing complex would have a discriminatory effect on minority and disabled residents of the complex.

Mike is the creator and developer, along with Foley’s software development team, of the firm’s proprietary Case Appraiser software program, a quantitative case assessment tool for valuing litigation matters (as featured in, for example, a February 10, 2014 Tampa Bay Business Journal article, “Foley lawyer develops program for estimating litigation costs, values”).

Education and Prior Experience

Mike is a graduate of Georgetown University (B.A., magna cum laude, 1993) and the University of Michigan (J.D., magna cum laude, 1996), where he was elected to the Order of the Coif. Mike represented death-row prisoners at the Equal Justice Initiative in Montgomery, Alabama. After graduation from law school, Mike served as a law clerk for the Honorable J.P. Stadtmueller, U.S. District Court for the Eastern District of Wisconsin. Prior to joining Foley, Mike worked for Williams & Connolly in Washington, D.C., where his practice focused on white-collar criminal defense, commercial litigation, and government contract litigation.

Recognition

Mike has been selected by his peers for inclusion in The Best Lawyers in America© and Super Lawyers®. In 2015, he received the Pro Bono Service and Excellence Award from the Federal Bar Association, Tampa Bay Chapter in recognition of excellence in service to disadvantaged citizens of the Middle District of Florida. He also has been recognized multiple times by the Thirteenth Judicial Circuit Pro Bono Committee for his pro bono work, which includes political asylum immigration matters, criminal appeals, and civil rights litigation. Mike has been elected a Fellow of the American Bar Foundation, an honorary organization of attorneys, judges, law faculty, and legal scholars. He also has received a Tampa Bay Business Journal "Up & Comers" award, which recognizes rising professionals in the Tampa Bay business community, and an “Outstanding Volunteer” award for his work with a regional economic development initiative.

Professional Memberships and Service

Mike currently serves as president and on the board of directors of the Federal Bar Association, Tampa Bay Chapter, as well as chair of the Qui Tam False Claims Act Committee. Mike has taught as an adjunct professor at Marquette University Law School, served on the Local Rules Committee for the U.S. District Court for the Eastern District of Wisconsin, published articles on constitutional and criminal law, and served as the editor of the "Business Crimes Hotline," published monthly in the Business Crimes Bulletin. He also served on the MBA Judicial Selection Committee, which evaluates candidates for judicial appointments.

Admissions

Mike is admitted to practice in Florida, the District of Columbia, Wisconsin, and Illinois, and before the U.S. District Court for the Middle District of Florida, the U.S. District Court for the Southern District of Florida, the U.S. District Court for the Northern District of Florida, the U.S. District Court for the Eastern District of Wisconsin, the U.S. District Court for the District of Colorado, the U.S. District Court for the Eastern and Western Districts of Arkansas, the U.S. Court of Federal Claims, the U.S. Court of Appeals for the Seventh Circuit, the U.S. Court of Appeals for the Eleventh Circuit, and the U.S. Supreme Court.

Representative Matters

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Representing major health care provider in False Claims Act qui tam whistleblower litigation asserting inadequate physician supervision of medical procedures, alleged lack of medical necessity of certain drugs, and alleged violations of the Anti-Kickback Statute, as well as assorted employment claims by former employees.
Represented a senior officer of a managed care company in a Department of Justice investigation and False Claims Act qui tam whistleblower litigation regarding Medicare Advantage, risk adjustment, and related issues, including claims of allegedly submitting unsupported diagnosis codes and misrepresenting scope and content of provider networks.
Representing specialty pharmacy company in Department of Justice investigation regarding pharmaceutical manufacturers.

Insights