Overview

For 35 years Michael has tried cases throughout the State of Texas.  He has diverse trial experience, having tried commercial litigation cases (including, breach of contract, unfair competition, fraud, suits to protect limited partners), employment litigation (race discrimination, Americans with Disabilities Act, Family Medical Leave Act, First Amendment Retaliation Act, Whistleblower claims) and serious personal injury claims.  He has also represented and sued governmental entities.   Michael has tried jury cases to verdict in more than 15 counties in all parts of the state.   Because of his extensive trial experience Michael was invited to join the American Board of Trial Advocacy, an exclusive group of experienced trial attorneys and he is Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial Law.

Recognizing the cost of going to trial (in both fees and other client resources) and that most cases settle, Michael advises client pre-suit to help avoid claims as well as working to determining whether a suit can be resolved early to hold down client fees and employee time.    

Honors & Recognitions

  • Member: American Board of Trial Advocacy
  • Board Certified, Personal Injury Trial Law, Texas Board of Legal Specialization
  • Texas Super Lawyers, a Thomson Reuters service (2003-2005)
  • TX Board of Legal Specialization - Board Certified - Personal Injury Law

Community & Professional

  • Catholic Charities of Central Texas, Board of Directors
  • Austin Bar Association
  • American Board of Trial Advocates
  • Center for Child Protection, Board of Directors (2003-present), Executive Committee and Board Secretary (2005-2006), Fund Development Chair (2006)
  • Women's Advocacy Project, Board of Directors (1994-1998)
  • St. John Neumann Capital Campaign Committee

Experience

  • Obtained a summary judgment in federal court in Dallas on behalf of a news organization in a case where the plaintiff, a former employee, made claims for discrimination based on race and national origin under Title VII, violation of the Family Medical Leave Act, breach of contract and defamation.
  • Obtained jury verdict in favor of employer on claims of race discrimination and retaliation.
  • Represented court appointed receiver of foreign currency trading company in which over 600 investors lost more than $30 million Served as lead counsel in various suits that resulted in total recoveries of over $33 million dollars.
  • Represented receiver and obtained $8.5 million settlement from a national law firm for benefit of defrauded investors.
  • Successfully defended county orders regarding regulation of sexually oriented businesses.
  • Defended AISD in challenge to its assignment of top 10% designation in magnet school senior class.
  • Successful representation of the National Newspaper Association in defending the constitutionality of electronic publishing provisions of the 1996 Federal Telecommunications Act.
  • Successfully challenged legality of city of Dallas franchise ordinance.
  • Obtained and defended on appeal multi-million dollar judgment based on common law fraud and usury.
  • Successful representation of participating bank securing judgment that loan participation agreement transferred ownership interest in load and collateral to participating banks and participant held an undivided ownership interesting in foreclosed collateral.
  • Obtained temporary injunction and successfully defended on appeal portions of injunction limiting protests at homebuilders' subdivisions.
  • Obtained injunctive relief in cases involving non-compete clauses employment contracts.

Insights

McGinnis Insights

News

Education

Southern Methodist University Dedman School of Law, J.D., 1987

The University of Texas, B.A., 1984

Bar admissions

  • Texas

Court admissions

  • Supreme Court of the United States of America
  • United States Circuit Court of Appeals for the Fifth District
  • United States District Court for the Eastern, Northern, Southern and Western Districts of Texas
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