Michael Thompson

Senior Counsel

Overview

Michael Thompson is a senior counsel and business litigation lawyer with Foley & Lardner LLP, where he represents clients in a broad range of industries, including healthcare, biotechnology, insurance, and construction. He is experienced in diverse commercial litigation and appellate matters, including post-acquisition disputes, business contractual disputes, and business torts. Mr. Thompson is a member of the firm’s Business Litigation & Dispute Resolution, Securities Enforcement & Litigation, and Construction Practices.

Representative Experience

Mr. Thompson’s successes include:

  • Acushnet Co. v. Beam Inc. f/k/a Fortune Brands Inc., No. 1284-CV-01193-BLS2, 2016 WL 4080438, 2016 Mass. Super. LEXIS 193 (Mass. Super. Ct. Jun. 21, 2016)
  • Trustivo LLC v. Anthem, Inc. f/k/a Wellpoint, Inc., No. 14-CV-14428-GAO, 2015 WL 4362084, 2015 U.S. Dist. LEXIS 92592 (D. Mass. Jul. 16, 2015)
  • Gen. Ins. Co. of Am. v. The Walter E. Campbell Co., Inc., 107 F. Supp. 3d 466 (D. Md. 2015)
  • Heendeniya v. Hewitt Assocs., LLC, 12 N.E.3d 1052, 86 Mass. App. Ct. 1105 (2014)
  • E.D. v. Newburyport Pub. Schools, 654 F.3d 140 (1st Cir. 2011) (Souter, J.)

Education

Mr. Thompson is a graduate of Harvard College (A.B., cum laude, 2005) and Harvard Law School (J.D., 2008) and is an alumnus of the Ron Brown Scholar Program.

While in law school, Mr. Thompson served as a student attorney for the Harvard Legal Aid Bureau specializing in housing law. His experience at the Harvard Legal Aid Bureau includes having represented a tenant in a four-day jury trial before the Boston Housing Court. He also served as a summer associate at Foley and in the Washington, D.C. office of Boies, Schiller & Flexner LLP.

Recognition

Mr. Thompson has been selected for inclusion in the 2010 – 2012 Massachusetts Super Lawyers-Rising Stars® editions for his general litigation work.

In 2016, Mr. Thompson was also selected for inclusion in The National Black Lawyers “Top 40 Under 40.”

Admissions and Professional Memberships

Mr. Thompson is a member of the Boston Bar Association and the Massachusetts LGBTQ Bar Association. He also currently serves as a mentor in the Boston Lawyers Group’s law student mentoring program. Mr. Thompson is admitted to practice in Massachusetts and before the U.S. District Court for the District of Massachusetts, the U.S. Court of Appeals for the First Circuit, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Supreme Court.

Representative Matters

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Defended a clinical-stage company, the developer of proprietary technologies for blood transfusions, in a piece of litigation versus a consultant acting as a chief science officer. The consultant’s contract stipulated monthly visits from Denmark in return for a salary. In 2008, the consultant was told to stop working and subsequently ceased visits to the company. However the consultant argued that since the contract was not formally terminated that the salary should continue through 2010, the end of the contract.
Represented a quasi-public state agency sued by the owners and developers of five affordable housing projects. The plaintiffs claimed that interest rates on mortgage financing provided by the Agency in the 1970's and 80's were required to be reduced as a result of bond transactions in 1993 and 2003. In April 2011, the Court granted the Agency's Motions for Summary Judgment on plaintiffs' claims, ruling that the Agency's interpretation of the mortgage notes was correct, based on the language of the notes and the extrinsic evidence.
Represented a national health insurance company in a challenge by the Massachusetts Medical Society and five individual physicians to a physician “tiering” (ranking) program. The program was initiated by the state Group Insurance Commission to provide consumers with greater quality and cost information concerning physicians, and provided incentives to have consumers choose "higher tiered" physicians. Plaintiffs alleged, among other claims, that the tiering methodology was flawed and defamed physicians by inaccurately placing them in lower-ranked tiers. The claim involved novel claims concerning the implementation of such health care cost containment programs.