Michael C. Whalen

Prior to joining Kirkland, Mike was involved in the following representative matters:

• Defeated multi-billion dollar monopolization claims brought against public medical device company at summary judgment.
• Secured $100 million arbitration award in dispute over partnership interest buyout and redemption rights following multi-day evidentiary hearing.
• Obtained complete respondent victory and award of attorneys' fees for private equity nutraceutical portfolio company in breach of contract arbitration after multi-day evidentiary hearing.
• Represented seller of meat rendering company in dispute with public company in Delaware Chancery Court over proper treatment of post-sale tax adjustments.
• Defended private equity portfolio companies against allegations of breach of contract and fraudulent inducement related to pre-sale dispute among seller principals.
• Secured dismissal of aiding and abetting breach of fiduciary duty claims in Delaware Chancery Court brought against private equity sponsor-buyer following merger transaction.
• Defended independent directors against shareholder class action breach of fiduciary duty claims in Delaware Chancery Court.
• Led investigation into allegations of check kiting and related fraud by principal of payroll processing debtor in Chapter 11 bankruptcy that resulted in over $200 million in loss to lenders and customers.
• Defended public medical supply company in private arbitration alleging breach of restrictive covenant and improper competition and secured settlement of unconditional dismissal with prejudice.
• Successfully defended multibillion dollar rosacea therapy patents for pharmaceutical company following week long bench trial.
• Defended multinational professional services firm against trade secret misappropriation and related claims, obtaining dismissal of majority of claims at the pleading stage.
• Represented publicly traded master limited partnership in core litigation disputes arising during and out of Chapter 11 restructuring.

Mike maintains an active pro bono practice, and was involved in the following representative matters prior to joining Kirkland:

• Represented provider of adult autism care and housing in various commercial disputes and litigation matters.
• Represented comprehensive animal welfare organization in various commercial disputes and litigation matters.
• Briefed and argued appeal before Court of Appeals of Illinois on behalf of criminal defendant in appeal of mob action conviction.
• Represented charitable emergency services provider in response to grand jury investigation of allegedly misappropriated federal grant funds.