Michael C. McCutcheon
Biography
Michael C. McCutcheon represents US and international entities in complex commercial litigation and arbitration matters. With over twenty years of experience, Michael has tried and won cases across the country and argued appeals in over a dozen jurisdictions.
Practice Focus
Michael focuses on diverse disputes matters with emphasis on the construction, energy, private equity, manufacturing and consumer goods industries. He is also highly experienced in the defense of privacy and consumer class action lawsuits and has published on the topics extensively throughout his career.
Michael regularly advises on litigation prevention, risk management as well as regulatory compliance matters arising under a broad range of federal and state privacy, consumer, and health and safety statutes. He has extensive trial and appellate experience, and has been recognized by his peers in the areas of class action and mass tort litigation.
Representative Legal Matters
- Won a multimillion-dollar construction award, including award of attorneys' fees, on behalf of a Spanish multinational EPC contractor in a New York-seated proceeding administered by the ICDR.
- Won a multimillion-dollar award on behalf of a US-based, multinational infrastructure contractor in a New York-seated proceeding administered by the ICDR.
- Won a multimillion-dollar judgment on behalf of a US-based glass manufacturer in first virtual trial in New York history.
- Successfully defended a leading private equity firm in a USD 100 million fraudulent transfer action.
- Successfully defended an automotive service provider in a putative nationwide class action alleging violations of the Telephone Consumer Protection Act.
- Successfully defended a leading private equity firm in a breach of contract and alter ego suit brought by former owner/minority shareholder to recover on subordinated promissory note.
- Acted as national appellate counsel for an international industrial products manufacturer involved in asbestos litigation.
- Successfully defended a multinational corporation and its US subsidiary in a suit seeking USD 100 million in damages relating to a failed divestiture of the US subsidiary to a private equity firm.
- Successfully defended transportation and food industry clients in nationwide class action suits involving violations of the Fair and Accurate Credit Transactions Act.
- Successfully defended a consumer electronics manufacturer in a putative nationwide class action suit alleging violations of state consumer fraud and deceptive trade practices statutes stemming from the sale of computer monitors.
- Successfully defended national retailers and several internet merchants in qui tam suits brought under the Illinois Whistleblower Act.
- Successfully defended a US corporation in an ICC arbitration under French law related to the construction of a 100,000 ton automated grain handling facility located in Yemen.
- Successfully defended a US company in an AAA arbitration involving a minority shareholder stock evaluation and executive compensation dispute.
Professional Associations and Memberships
- United States District Court for the Northern District of Illinois - Trial Bar Member
- American Bar Association, Litigation Section - Member
- Chicago Bar Association
- Seventh Circuit Bar Association - Member
- Defense Research Institute - Member
- Illinois State Bar Association - Former Tort Law Counsel Member
Admissions
- New York~United States (2024)
- U.S. Court of Appeals, Eleventh Circuit~United States (2020)
- U.S. Supreme Court (2019)
- U.S. Court of Appeals, Sixth Circuit~United States (2016)
- U.S. Court of Appeals, Eighth Circuit~United States (2015)
- U.S. Court of Appeals, Ninth Circuit~United States (2015)
- U.S. Court of Appeals, Third Circuit~United States (2011)
- U.S. Court of Appeals, Seventh Circuit~United States (2003)
- U.S. District Court, Northern District of Illinois~United States (2001)
- Illinois~United States (2001)
Education
- Loyola University Chicago School of Law (J.D.)
- University of Illinois (B.S. Economics, __#!$No value$!#__)
Languages
- English