Michael C. Andolina
MICHAEL C. ANDOLINA is a partner in the firm’s Chicago office. Mike has significant experience conducting internal corporate investigations and handling government enforcement matters. He also handles a diverse range of civil litigation matters at the trial and appellate level in both state and federal courts, with an emphasis consumer fraud class action defense and white collar litigation.
Internal Investigation Experience
Mike has extensive experience assisting clients investigate allegations of wrongdoing, and conducting confidential internal investigations intended to provide the client with information relevant to the discharge of its duties. He has conducted internal investigations, in both the United States and abroad, on behalf of public and private corporations in a wide range of industries, including the airline, consumer goods, insurance, manufacturing, medical device, pharmaceutical and professional services industries.
Mike has led investigations concerning a diverse range of alleged misconduct, including investigations relating to potential violations of the Foreign Corrupt Practices Act (FCPA) and investigations relating to allegations of malfeasance by senior executives of public companies. Mike has also handled enforcement matters, representing clients in civil and criminal investigations by federal and state governments. Mike has advised Boards of Directors on all aspects of internal investigations, including on issues relating to scoping and timing of investigations, privilege issues, related litigation, and employee discipline and termination.
Mike also has experience assisting clients in the development of FCPA policies, and has counseled and trained clients on those policies, on FCPA enforcement generally, and on other ethics and investigations issues.
Class Action Litigation
Mike has handled putative class action lawsuits for a range of clients, including clients in the automotive, consumer goods, insurance, financial services, and publishing industries. He is currently handling putative class action lawsuits pending federal courts in the Southern District of New York, District of New Jersey, Eastern District of Kentucky, Northern District of Illinois, and Central District of California, as well class actions pending in state courts in California.
Mike has extensive experience at all stages of class litigation, including arguing dispositive motions, handling all facets of discovery (including international discovery issues), preparing and cross-examining class and merits experts, briefing and arguing motions for class certification, and interlocutory appeals under Federal Rule 23(f).
Within the past two years, Mike has assisted clients in winning complete dismissal of putative nationwide class action complaints in cases involving allegations of defective paint used on vehicles (Nguyen v. American Honda Motor Co. (C.D. Cal.) and Matthews v. American Honda Motor Co. (S.D. Fla.)) and defective air conditioning systems on vehicles (Schexnaydre v. American Honda Motor Co. (E.D. La.). Mike has also recently assisted several clients in defeating class certification in several cases:
- Cowden et al v. Parker & Associates, Inc. et al, E.D. KY, certification denied May 22, 2013. In a class action involving the sale of Medicare Advantage Plans, the district court denied plaintiff’s motion for class certification, agreeing with Mike’s clients that plaintiffs failed to meet the predominance and superiority requirements of Rule 23(b).
- Jamison v. First Credit Services, Inc., 290 F.R.D. 92 (N.D. Ill. 2013), reconsideration denied, 2013 WL 3872171 (N.D. Ill. July 29, 2013). In a class action under the Telephone Consumer Protection Act, the district court agreed with Mike’s client’s arguments and denied plaintiff’s motion for class certification, providing useful precedent for other defendants in similar cases.
- American Honda Motor Co., Inc. v. Allen, 600 F.3d 813 (7th Cir. 2010). As a matter of first impression in the Seventh Circuit, the court held that the district court’s Daubert analysis was inadequate, that plaintiff’s expert was unreliable, and that plaintiffs could not establish Rule 23(b)(3) predominance.
- Doiron v. Conseco, M.D. La., decertification granted April 7, 2009. In a case involving medical insurance policies, the firm was hired subsequent to the entry of class certification. Mike’s client subsequently won decertification.
Other Litigation and Trial Experience
Mike has prosecuted and defended numerous white collar litigation matters, including matters involving claims under the civil RICO statute. He has prosecuted civil cases on behalf of institutional clients seeking redress for having been victimized by fraud, including several cases brought by institutional clients against former employees.
Mike has also represented clients in a variety of other contexts, including trademark infringement, theft of trade secrets, securities fraud and education law. Mike has experience handling cases involving injunctions, temporary restraining orders, and other emergency matters. Mike has trial experience in both federal and state courts. Most recently, he was trial counsel in a three-month bench trial in federal court in Chicago, where he represented the former officers of the Emerald Casino in a matter brought by the bankruptcy estate of the casino.
Pro Bono Practice and Firm Leadership
Mike has an active pro bono practice, which includes the representation of indigent parties in both federal and state court. As part of the firm’s Capital Litigation Project, he currently represents an Alabama death row inmate. He is a member of the Firm’s Summer Associate Committee and Mentoring Committee.