Michael C. McCutcheon regularly represents US and international entities in complex commercial litigation and arbitration matters.
Michael has contributed articles to Law360, the Illinois Institute for Continuing Legal Education on advanced trial practice, Illinois Association of Defense Trial Counsel's Quarterly, Defense Research Institute's For the Defense and In-House Defense Quarterly, and the Loyola Consumer Law Review. He is also an active participant in the Firm's pro bono program and was the inaugural recipient of the Firm's "Award of Excellence" for pro bono and public service.
Michael focuses on diverse matters involving international commercial litigation and arbitration, with emphasis on the financial, private equity, manufacturing and consumer goods industries. He is particularly experienced in the defense of class action lawsuits and has published on the topic extensively throughout his career.
He also 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. Michael 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
- Defended a leading private equity firm in a USD 100 million fraudulent transfer action.
- Defended an automotive service provider in a putative nationwide class action alleging violations of the Telephone Consumer Protection Act.
- Defended a 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.
- Defended a multinational corporation and its US subsidiary in a suit seeking USD 100 million in damages and alleging tortious interference with contract and prospective business relations, fraud and breach of contract arising from a failed divestiture of the US subsidiary to a private equity firm.
- Defended transportation and food industry clients in nationwide class action suits involving violations of the Fair and Accurate Credit Transactions Act.
- 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.
- Defended corporate and individual defendants in a mass tort lawsuit alleging personal injury and property damages caused by exposure to hazardous materials emanating from a manufacturing facility.
- Defended two class action environmental liability and toxic tort lawsuits in which class plaintiffs sought damages in excess of USD 30 million for trespass, private and public nuisance, and CERCLA claims.
- Defended a construction company and defeated class certification in a toxic mold lawsuit.
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
- U.S. Supreme Court~United States (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)
- Loyola University Chicago School of Law (J.D.) (2001)
- University of Illinois (B.S. Economics) (1998)
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
Speaker, "Mitigating Risk and Exposure for Website ADA Violations," Insights Into Litigation Webinar Series, 17 November 2016
Speaker, "Hot Topics and Trends in Class Actions," Insights Into Litigation Webinar Series, 18 June 2015
Speaker, "Defending Consumer Class Action Lawsuits," Illinois Institute for Continuing Legal Education, 13 February 2014, New York