Michael C. McCutcheon

Biography

Michael C. McCutcheon is a partner in Baker McKenzie’s Chicago and New York offices. Michael’s practice focuses on commercial litigation and arbitration, representing domestic and international entities in complex disputes around the world. With over twenty years of experience in the courtroom, Michael has tried and won cases across the United States, argued appeals in over a dozen jurisdictions and led multinational litigation at home and abroad. He currently serves as Chair of the firm’s North American Construction Disputes subgroup and leads the firm’s North American Privacy Class Action practice. He has been recognized by his peers in the areas of class action and mass tort litigation, and has authored numerous publications on subjects including advanced trial practice, the attorney-client privilege and work product doctrine, class action practice and international arbitration. Michael was recognized as a “Rising Star” in the areas of class actions and mass torts by Super Lawyers in 2013, 2014 and 2015, and was the inaugural recipient of the Firm’s Pro Bono and Public Service Award of Excellence.

Practice Focus

Michael regularly represents both Fortune 500 companies and start-ups in the technology, construction, energy, private equity, manufacturing and consumer goods industries. He is an expert in the defense of privacy and consumer class action lawsuits and has published on the topics extensively throughout his career. Michael also regularly advises on litigation prevention and risk management as well, as regulatory compliance matters arising under a broad range of federal and state privacy, consumer, and health and safety statutes.

Representative Legal Matters

Won a multimillion-dollar award on behalf of a Spanish EPC contractor in a New York-seated ICDR arbitration.
Won a multimillion-dollar award on behalf of a US-based, multinational infrastructure contractor in a New York-seated ICDR arbitration.
Won a multimillion-dollar judgment on behalf of a US-based glass manufacturer in the first virtual trial in New York County history.
Successfully defended a US corporation in an ICC construction arbitration decided 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.
Successfully defended a national restaurant chain in a putative class action alleging violations of Illinois' Biometric Information Privacy Act ("BIPA").
Successfully defended the Australian National Rugby League in a putative class action alleging violation of the Videotape Privacy Protection Act ("VPPA").
Successfully defended transportation and food industry clients in nationwide class action suits involving violations of the Fair and Accurate Credit Transactions Act (“FACTA”).
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 an automotive service provider in a putative nationwide class action alleging violations of the Telephone Consumer Protection Act (“TCPA”).
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.
Successfully defended a leading private equity firm in a USD 100 million fraudulent transfer action.
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 over USD 100 million in damages relating to a failed divestiture of the US subsidiary to a private equity firm.
Successfully defended national retailers and several internet merchants in qui tam suits brought under the Illinois Whistleblower Act.

Professional Associations and Memberships

United States District Court for the Northern District of Illinois - Trial Bar Member
Seventh Circuit Bar Association - Member

Admissions

Illinois~United States
New York~United States
U.S. Supreme Court
U.S. Court of Appeals, Third Circuit~United States
U.S. Court of Appeals, Sixth Circuit~United States
U.S. Court of Appeals, Seventh Circuit~United States
U.S. Court of Appeals, Eighth Circuit~United States
U.S. Court of Appeals, Ninth Circuit~United States
U.S. Court of Appeals, Eleventh Circuit~United States
U.S. District Court, Northern District of Illinois~United States

Education

Loyola University Chicago School of Law (J.D.)
University of Illinois (B.S. Economics)

Languages

English

Author, “The Conflicting Decisions of Federal Courts in Illinois Leave the Retroactivity of BIPA’s Amendment in Flux,” Baker McKenzie Insight Plus, December 2024
Author, "Plaintiffs Win a Round in Video Privacy Protection Act Bout before Second Circuit - Salazar vs. National Basketball Association," Baker McKenzie Insight Plus, November 2024
Author, "California Court decision a reminder to review website privacy practices," Baker McKenzie Insight Plus, April 2024
Author, " Third Circuit Decision Increases Risk of Wiretapping Liability for Website Operators," Baker McKenzie Insight Plus, June 2023
Author, " COVID 19 Class Action Risks Part II - What can I do to stop it? Proactive risk mitigation strategies to avoid class actions, " Dispute Resolution Client Alert, August 2020
Author, "The Reopening Playbook: Wisconsin's High Court Strikes Safer at Home Order – Attorney Advertising," Client Alert, May 2020

Author, " Groundbreaking Illinois Supreme Court Decision Allows Individuals to Recover Damages for Biometric Data Collection," Client Alert, February 2019
Author, "Additional Authority for Companies Seeking to Defeat Data Breach Class Actions," Article in In-House Defense Quarterly, Fall 2013
Author, "Expert Evidence at the Class Certification Stage: Does Daubert Deserve A Role?," Feature Article in Defense Research Institute's For the Defense Magazine, January 2013
Author, "Smith et al. v. Bayer Corp.: The United States Supreme Court Takes An Arrow Out of the Quiver of Class Action Defendants and Clarifies the Requirements for Using the Anti-Injunction
Act's 'Relitigation Exception' to Prevent Duplicative Litigation and Forum Shopping," Feature Article in Illinois Association of Defense Trial Counsel's Quarterly, Fourth Quarter 2011, Vol. 21, Number 4
Author, "ÁT&T v. Concepcion: The Saga Continues," DRI Today, August 2011, reprinted January 2012 for DRI's Corporate Counsel Roundtable
Author, "The Illinois Supreme Court Rejects the 'Pick Off Exception' to Mooting Class Actions: Barber v. American Airlines, Inc.," Feature Article in Illinois Association of Defense Trial Counsel's Quarterly, Third Quarter 2011, Vol. 21, Number 3
Author, "Evidentiary Burdens at the Class Action Stage," Feature Article in Defense Research Institute's For the Defense Magazine, March 2011
Author, "Proposed Amendments to Federal Rule of Civil Procedure 26 to Substantially Change Expert Witness Disclosure and Discovery Requirements," Feature Article in Illinois Association of Defense Trial Counsel's Quarterly, August 2010
Author, "Supreme Court's Arbitration Decision Favors Business and Employers' Interests: RAC v. Jackson," Dispute Resolution Client Alert July 2010
Author, "The Likely Impact of the Supreme Court's Arbitration Decision in Stolt-Nielsen S.A. v. AnimalFeeds International Corp." International Arbitration Client Alert, May 2010
Author, "Identity Theft, Computer Fraud and 18 U.S.C. § 1030(g): A Guide To Obtaining Jurisdiction In The United States For A Civil Suit Against A Foreign National Defendant," 13 Loy. Consumer L. Rev. 48, 2001