Michael J. Tuteur

Partner

Overview

Michael J. Tuteur is a litigation partner with Foley & Lardner LLP. From 2009-2015, Michael served as the national department chair for Litigation, as well as chair of the firm’s Business Litigation & Dispute Resolution Practice. Michael is a member of the firm’s national management committee and focuses his practice on health care litigation and government enforcement defense. Michael represents clients in a broad range of industries, including healthcare, higher education, software, biotechnology, insurance, education, advertising, banking and mutual funds. His litigation experience is similarly diverse, and includes ERISA and RICO class actions, securities and syndicated debt disputes, licensing and copyright actions, contract and shareholder suits, and defense of civil false claims actions. Michael also represents organizations and corporate officers and directors in connection with criminal and regulatory investigations involving alleged health care fraud, scientific misconduct, securities fraud, mutual fund regulatory violations and banking infractions. He is a member of the Government Enforcement Defense & Investigations; Securities, Enforcement & Litigation; and Privacy, Security & Information Management Practices. Michael is also a member of the Health Care Industry Team.

Recognition

  • Selected by his peers as 2018 “Lawyer of the Year” for bet-the-company litigation in Boston by The Best Lawyers in America®; he has appeared in Best Lawyers since 2006 in the fields of bet-the-company litigation, commercial litigation, criminal defense - white collar, and, more recently, health law
  • Named a 2014 BTI Client Service All-Star and has been recognized in the past as an MVP for earning the award two years or more as a result of unprompted positive feedback from BTI's interviews with nearly 300 corporate counsel, including Fortune 1000 companies
  • Recognized as one of the nation’s leading business litigators by Chambers USA’s America’s Leading Lawyers for Business every year since 2004
  • Elected as a Fellow in the Litigation Counsel of America, a trial lawyer honor society; fellows are selected based upon excellence and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation and membership is limited to less than one-half of one percent of American lawyers 
  • Elected as a Fellow of the American Bar Foundation; the Fellows is an honorary organization of attorneys, judges, law faculty, and legal scholars who have been elected by their peers 
  • Selected for inclusion in the Top 100 Massachusetts Super Lawyers® lists every year since its inception in 2004 
  • Recognized as a "Local Litigation Star" by Benchmark Litigation 
  • Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system

Representative Experience

Among the numerous cases he has successfully handled, Michael has:

  • Won a $200,000,000 judgment after six years of litigation in a complex federal action arising out of an alleged reinsurance contract 
  • Won summary judgment, and a subsequent appeal, in a $100,000,000 federal False Claims Act case which alleged fraudulent billing to the U.S. Department of Housing and Urban Development (HUD)
  • Won a defense verdict after two weeks of trial, and sustained the verdict on appeal, in an $80,000,000 post-closing adjustment case which alleged breach of contract and violation of the Massachusetts UDPA regarding the post-closing allocation of tax receivables 
  • Obtained dismissals and denials of class certification in a national RICO and ERISA class action brought by chiropractors and other medical providers against a large number of health insurance plans 
  • Litigated and prevailed in an action by a Canadian surgical supply company against a Fortune 50 pharmaceutical firm for breach of an exclusive licensing agreement and bad faith termination 
  • Won summary judgment for a global advertising company after persuading the court that Ukrainian law governed the action and precluded recovery on the plaintiff’s claims 
  • Favorably settled claims of grant fraud brought by the Department of Justice and the National Institutes of Health against a Boston area university and medical school 
  • Prevailed in the U.S. Court of Appeals on a claim of ownership of license rights for a patented bio-insecticide 
  • Defended various broker/dealers, health care executives, bank directors and a defense department contractor in investigations launched by the U.S. Department of Justice, U.S. Securities and Exchange Commission (SEC) and the Commonwealth of Massachusetts

Reported Decisions

Michael’s reported decisions include:

  • Acushnet Co. v. Beam, Inc., 2016 Mass. Super. LEXIS 193 (Mass. Super. Ct. June 21, 2016) aff’d, 92 Mass. App. Ct. 687 (2018)
  • Pazol, et al. v. Tough Mudder Incorporated, 93 Mass. App. Ct. 1109 (2018)
  • Bassem Al-Tamimi, et al. v. Adelson, et al., 2017 U.S. Dist. Lexis 138643 (D.D.C. Aug. 29, 2017)
  • AllianceMed, LLC, et al. v. Blue Cross Blue Shield of Ga., et al., 2016 U.S. Dist. Lexis 75578 (N.D. Ga June 10, 2016)
  • Acushnet Co. v. Beam, Inc., 2016 Mass. Super. LEXIS 193 (Mass. Super. Ct. June 21, 2016)
  • Anversa, et al. v. Partners HealthCare, System, Inc., et al., 2015 U.S. Dist. LEXIS 98648 (D. Mass. July 27, 2015), aff’d, 2016 U.S. App. LEXIS 16010 (1st Cir. Aug. 30, 2016)
  • U.S. ex rel. AAOF v. Huron, 2013 U.S. Dist. LEXIS 32477 (S.D.N.Y. Mar. 4, 2013); Affirmed by Assocs. Against Outlier Fraud v. Huron Consulting Group, Inc., 2014 U.S. App. LEXIS 9505 (2d Cir., May 22, 2014)
  • Glenn v. Healthlink HMO, Inc., ---S.W.3d ---, 2012 WL 9675 (Mo.App. E.D. Jan. 3, 2012)
  • Penn. Chiropractic Assoc. v. Blue Cross Blue Shield Assoc., 2011 WL 6819081 (N.D. Ill. Dec. 28, 2011)
  • E.D. v. Newburyport Pub. Schools, 654 F.3d 140 (1st Cir. 2011) (Souter, J.)
  • U.S. ex rel. Greabe v. Blue Cross Blue Shield Association (D.Mass. Jan. 27, 2010)
  • Invitrogen Corporation v. President and Fellows of Harvard College, 2008 U.S. Dist. LEXIS 68396 (D.Mass. August 12, 2008)
  • U.S. ex rel. K&R Limited Ptp. v. Mass. Housing Finance Agency, 530 F.3d 980 (D.C. Cir. 2008)
  • Atlantic Group Ltd. v. The Interpublic Group of Companies, 2007 WL 2049728 (S.D.N.Y. July 16, 2007)
  • Hart Surgical v. Ultracision, 244 F.3d 231 (1st Cir. 2001)
  • Wright v. U.S., 164 F.3d 267 (5th Cir. 1999)
  • Hinchey v. NYNEX, 144 F.3d 134 (1st Cir. 1998)
  • Alliance/AFSCME v. Commonwealth, 427 Mass. 546 (1998)
  • Alliance/AFSCME v. Commonwealth, 425 Mass. 534 (1997)
  • U.S. v. Lebon, 4 F.3d 1 (1st Cir. 1993)
  • In re Grand Jury, 988 F.2d 211 (1st Cir. 1992)

Affiliations

Michael is a trial adviser in Harvard Law School's Trial Advocacy Workshop and has taught at the Harvard School of Public Health's Continuing Education Program on Corporate Compliance.

Michael was appointed Special Assistant Attorney General to represent the Massachusetts Department of Transportation and Massachusetts Bay Transportation Agency in litigation involving casino gambling in the Commonwealth. Earlier in his career, Michael was appointed Special Assistant Attorney General to represent Massachusetts Governors William F. Weld and A. Paul Cellucci in four constitutional cases involving the scope and effect of the governor's veto power. Michael was also named special master by a United States District Court to investigate allegations of document destruction and attorney misconduct. In addition, Michael was appointed an expert witness to the Royal Court of Justice in London, England, to give opinion evidence on the application of U.S. law to the Latin American syndicated debt market.

Before returning to private practice, Michael served as an Assistant U.S. Attorney for the District of Massachusetts, practicing in the Major Crimes Unit and Organized Crime Strike Force.

Michael serves as Chair of the Advisory Board of the Smithsonian Astrophysical Observatory, a component of the Harvard-Smithsonian Center for Astrophysics.

Education

Michael’s J.D. was conferred magna cum laude from Harvard Law School (1984). He also holds an A.B. from Harvard College (summa cum laude, 1980), where he was named to Phi Beta Kappa.

Michael served as judicial clerk to Hon. Herbert P. Wilkins, Associate (later Chief) Justice of the Massachusetts Supreme Judicial Court.

Admissions

Michael is admitted to practice in the Commonwealth of Massachusetts and before the U.S. Courts of Appeals for the First, Second, Fourth, Fifth, Sixth, Seventh, D.C. and Federal Circuits, and the U.S. Supreme Court.

Selected Publications and Presentations

  • Panelist/speaker: The Business Litigation Session: Year in Review 2018, presented by Social Law Library and Mass. Lawyers Weekly, January 2019.
  • Panelist, “Government Sponsored Research, Research Integrity, and the False Claims Act,” ABA National Institute to the Civil False Claims Act, June 2018
  • Panelist, “Understanding the Difference Between Scientific Research, Misconduct and Fraud,” ACC, June 19, 2018
  • Co-author, “Scientific research misconduct vs. fraud: How to tell the difference.” Compliance Today, May 2018
  • Co-author, “The Business Litigation Session Year in Review,” Massachusetts Lawyers Weekly, January 4, 2018
  • Co-author, "Provisional Remedies," Practical Law, June 2017
  • Speaker, “Exhibit F(acebook): The Impact of Social Media on Civil Litigation,” Boston Bar Association, Oct. 6, 2016
  • Speaker, “Use and Misuse of ERISA in Out-of-Network Litigation,” Blue Cross Blue Shield Summit, May 17, 2016
  • Co-author, “Q&A Litigation Overview: Massachusetts,” Practical Law, July 2015
  • Co-author, “Responding to a Complaint: Massachusetts,” Practical Law, June 2015
  • Co-author, “Commencing an Action: Massachusetts,” Practical Law, May 2015
  • Speaker, “World Recognition of Distinguished General Counsel,” The Directors Roundtable, February 2, 2014
  • Co-author, "Privacy Litigation Part Two: Class Action," Privacy Tracker, Vol. 2, No. 5, May 2009 
  • Presenter, Association of Corporate Counsel’s 2008 Annual Meeting: "Hot Topics in E-Discovery: Are There Any Other Kinds?" October 21, 2008
  • Co-author, "Tenure Decisions and Academic Freedom," Chapter 2, College and University Law (Robert W. Iuliano)