Michael E. Baumann

Mike represents a wide range of clients in all possible litigation and arbitration forums.

Appellate

• Mike has argued cases in front of the California Supreme Court, the Ninth Circuit, the Second Circuit, and the California Court of Appeals. In Cable Connection, et. al. v. DIRECTV, Inc., for example, Mike successfully challenged an arbitration panel decision that construed DIRECTV’s contracts with thousands of satellite equipment retailers to permit classwide arbitration of commissions disputes. Mike successfully petitioned the California Supreme Court for review, and after heading the appellate team and arguing the issue before the Court, Mike was able to achieve a major victory for his client despite a recent and contrary United States Supreme Court decision. He received recognition as California Lawyer of the Year in 2009 for this work.

Recent Complex Business Disputes

• The Boeing Company and Boeing Commercial Space Company v. KB Yushnoye, S.P. Korolev Rocket and Space Company, Limited Energia (“Energia”) In 2015, Mike represented Boeing and Boeing Commercial Space in the United States District Court, Central District of California. Boeing obtained summary judgment against Russian and Ukrainian companies for payments exceeding $500 million relating to the Sea Launch joint venture. In 2015, Mike also led a Kirkland team in a multi-week bench trial seeking to hold two Delaware corporate subsidiaries of Energia, Energia Limited United States and Energia Overseas LLC, liable as alter egos for the $300 million judgment awarded against the Russian company Energia. Following the bench trial on this equitable claim, the federal district court issued findings of fact and conclusions of law ruling that the Subsidiaries were liable as alter egos and rejecting the many affirmative defenses asserted. Mike was recognized by American Lawyer as Transatlantic Litigator of the year in 2016 for his work on these cases.
• Jeld-Wen Inc. v. AGC America, Inc., Guardian Industries Corporation, Pilkington North America, Inc., and PPG Industries, Inc. In 2016, Mike represented Guardian Industries in an antitrust case brought in federal district court in Oregon in defense of allegations of a price fixing conspiracy in the flat glass industry. The case settled just prior to trial following rulings on various evidentiary motions.
• In re National Football League's Sunday Ticket Antitrust Litigation. Currently represents DIRECTV, Inc. in Multi District Litigation antitrust action brought against various defendants relating to NFL television programming agreements.
• Kwok-Wai Wong et al., v. HRJ Capital, Capital Dynamics, Silicon Valley Bank et al. In 2013, Mike represented private equity fund managers in complex litigation in San Jose California seeking recovery from 22 private equity “fund of funds” and their management company. Following a multi-week jury trial, the non-settling plaintiffs were awarded over $10.3 million in damages plus pre-judgment interest. The award for Mike’s clients included punitive damages against one of the defendants. Prior to trial, settlements were reached with various defendants bringing the total recovery for Kirkland’s clients to over $17 million. 
• Hubbard Broadcasting, Inc. v. DIRECTV, Inc. Mike represented DIRECTV in federal district court in Minnesota in a $400 million dispute relating to carriage of television programming on the DIRECTV satellite platform. The parties were able to negotiate new carriage agreements prior to trial. 
• DIRECTV, LLC. v. Frontier Communications Corporate Services Inc. Mike represented DIRECTV in a multi-million dollar dispute between a telephone and internet service provider and DIRECTV in a AAA arbitration in New York before three arbitrators. A final award was entered unanimously ruling in favor of DIRECTV on all issues and against Frontier on all of its claims. The multimillion dollar award also provided for recovery of DIRECTV’s attorneys’ fees and costs.     
• DIRECTV, Inc. v. Consolidated Smart Systems. In 2012, Mike served as lead trial counsel in an expedited arbitration proceeding involving a $70 million claim against DIRECTV. The arbitrator found in favor of DIRECTV on all issues and rendered a final decision and award in DIRECTV’s favor.
• Krieger v. Plantronics, Inc. Also in 2012, Mike led a team that successfully defended against claims for an injunction to block an annual shareholder meeting based on alleged misrepresentations and omissions in proxy material provided in advance of the votes to be held at the meeting. The meeting proceeded as scheduled and plaintiffs did not seek any further relief once the request for an injunction was denied. 
• Northrop Grumman v. McDonnell Douglas Corporation. Mike represented McDonnell-Douglas Corporation in a dispute with Northrop Grumman regarding the F-18 fighter. The dispute related to the Navy’s multibillion-dollar program to purchase F/A-18 fighter jets over a five-year period. Northrop filed suit in California state court and sought more than $70 million in damages. In a 2010 trial before a Referee appointed by agreement, McDonnell Douglas successfully moved for judgment at the close of Northrop’s presentation, which lasted over a week. Northrop’s claim was dismissed with prejudice.
• The DIRECTV Group, Inc. v. Darlene Investments, LLC. Mike acted as lead trial counsel in a fraud action in New York federal court arising out of the satellite television business in Latin America. The Cisneros Group of companies asserted a billion dollar damages claim against The DIRECTV Group, and Mike defeated that claim on summary judgment. He also successfully defended against claims brought by a minority shareholder in Miami state court seeking to enjoin the transactions prior to close and in a confidential arbitration in Miami seeking damages for breaches of fiduciary duty and contract.
• DIRECTV, Inc. v. Pegasus, Inc. Mike served as lead trial counsel in successfully prosecuting breach of contract claims, leading to a jury verdict in federal court in California for DIRECTV. After a judgment in the amount of $62.6 million was entered for Mike’s client, the case was featured as one of the top ten plaintiff’s verdicts in the Daily Journal article “Taste of Success.” Moreover, during that trial, Mike succeeded in defending against fraud counterclaims by convincing the judge to rule on those claims before they would have been submitted to the jury.

Class Action

• In re Bluetooth Headset Products Liability Litigation. Mike represented client Plantronics, Inc. in MDL proceedings consolidated in the Central District of California alleging that Bluetooth headsets may cause hearing loss and that product was misrepresented to the public. A settlement was reached providing for a contribution to a cy pres fund. The settlement was approved following a hearing, but was appealed based on a challenge to the attorney's fees awarded to counsel. The Ninth Circuit remanded on the issue of attorney fees, which the district court then reduced based on the very limited “success” achieved by plaintiff’s counsel in the settlement. 
• Pendleton v. University Medical Products, Inc. Mike took over a case that had been certified as a nationwide class of consumers of a weight loss product and obtained an order decertifying the class in state court in Los Angeles. Mike then successfully defeated class certification in the new action that he had removed to federal court.
• NCTC v. DIRECTV Mike represented DIRECTV in a class action proceeding consolidated in the United States District Court, Central District of California, involving allegations of unfair business practices and seeking injunctive relief for alleged violations of Cal. Civ. Code 17200 and 17500. 
• Lucas v. DIRECTV Mike represented DIRECTV in a class action proceeding in the United States District Court, Southern District of Florida, alleging violations of consumer protection statutes arising from a multi-state attorney general investigation.
• Franko v. Hyundai Motor Company Mike represented Hyundai Motor Company in a class action proceeding in San Diego Superior Court alleging violations of California consumer protection laws in connections with representations made regarding certain Hyundai motor vehicles.

Copyright/Trademark

• Wayne Berry v. Hawaiian Express Inc., et. al. Mike was brought in as lead trial counsel in the damages phase of a copyright infringement case in Hawaii federal court following an adverse ruling on liability. Plaintiff sought in excess of $55 million in damages, but the jury awarded less than $60,000. The Magistrate Judge then awarded attorneys fees to Mike’s client as the prevailing party. Judge William H. Pauley III granted the motions following briefing and extensive argument. Mike also successfully argued appeals related to this case in the Ninth Circuit.
• Wayne Berry. v. Deutsche Bank, NA, JP Morgan Chase, et. al. Mike obtained summary judgment and dismissal of all claims made against clients Deutsche Bank, N.A., J.P. Morgan Chase, Post Confirmation Trust of Fleming Companies and Robert Kors on claims of contributory and vicarious copyright infringement, unjust enrichment, breach of contract and RICO brought in the Southern District of New York.
• Louis Kemp v. Kraft Foods, Inc. Mike represented Kraft Foods in a dispute involving the purchase of Louis Kemp Seafood, including claims relating to name use.

Other consumer fraud and class action matters

• Mike has served and continues to serve as lead coordinating and trial counsel for threatened and pending class actions involving the Telephone Consumer Protection Act, various consumer fraud actions and putative class actions involving financing of consumer goods, consumer fraud class action claims related to late fees, and a class action involving claims arising under Business and Professions Code Section 17200. These cases spanned various state and federal courts in California, Texas, Maryland, Georgia, Alabama, Missouri, Illinois, Mississippi, Indiana. Ohio, Alabama, Florida, New Jersey and New York. Mike also successful negotiated and resolved an investigation by a twenty state group of state attorneys general into allegations of consumer fraud.
• Mike also has tried cases involving technology related disputes in the telecommunications and satellite industry in state and federal courts in California and in arbitrations in California, Illinois and London, England. Among the issues involved were disputes regarding the specifications and performance of satellite communications systems, air traffic control systems, alleged faulty design and construction of an airport facility in Trinidad, alleged trade secret and misappropriation of trade secrets, trademark disputes and the alleged faulty design and manufacture of integrated circuits used in telecommunications products.

Working pro bono for a man on death row, Mike led a five lawyer Kirkland team in presenting evidence and testimony from fourteen fact and expert witnesses in support of a claim of ineffective assistance of counsel in a hearing in Ozark, Alabama. On March 31, 2010, the trial court judge granted Kirkland’s petition for relief from conviction or sentence, vacated the conviction and ordered a new trial based on the evidence presented at the hearing and following extensive post-hearing briefing. The judge granting the petition had presided over the guilt and sentencing phase of the original murder trial. The State has appealed the ruling and the appeal is pending.