Robert S. Michaels

Experience

Rob counsels and litigates for clients in a wide variety of complex commercial litigation matters, including fraud, RICO, professional liability and other claims arising from corporate looting and insolvencies, as well as a range of software and technology matters. Rob has practiced in state and federal courts around the country and has argued a number of federal appeals.

Before joining RCC, Rob was a Staff Attorney and Project Director at the Environmental Law and Policy Center of the Midwest, a Bigelow Teaching Fellow at the University of Chicago Law School, an associate at Mayer, Brown and a law clerk for a federal district court judge.

Notable Engagements

• Dale v. ALA Acquisitions, Inc. (S.D. Miss./5th Cir.)- Represent insurance company receiver in ICO, fraud and negligence case against persons and entities, including a major financial institution, involved in a massive insurance company looting and money laundering scheme. Claims against multiple defendants were favorably settled for the receiver, while others continue to be litigated.
• Confidential (S.D.N.Y.) - Represented insurance company receiver in a RICO and fraud case against a Swiss bank involved in a massive insurance company looting and money laundering scheme. After defeating the bank's motion to dismiss, the case was favorably settled for the receiver.
• Confidential (M.D. Tenn./6th Cir.) - Represented insurance company receiver in a negligence case against large domestic banks involved in a massive insurance company looting and money laundering scheme. After extensive procedural litigation, including a successful appeal of a denial of a motion to dismiss the banks' declaratory judgment actions, the case was favorably settled for the receiver.
• Infinity Resources, Inc. v. Oracle Corp. (Cal.) - Represented a prominent online retailer in a fraud and breach of contract case against a major e-commerce software vendor. After defeating summary judgment, the case was tried to a jury.
• Shapo v. Engle (N.D. Ill.) - Represented insurance company receiver in a RICO, fraud and breach of fiduciary duty case against former officers and directors of three looted insurance companies. After defeating motions to dismiss and extensive pre-trial litigation, the case was favorably settled for the receiver.
• Confidential - Represented a major telecommunications company in a multi-billion dollar complex software ownership dispute. Lengthy investigations and negotiation led to a favorable pre-filing resolution.
• Sylvester v. SOS Children's Villages, Ill. (N.D. Ill./7th Cir.) - Represented victim of gender discrimination in Title VII claim against former employer. Successfully obtained reversal of grant of summary judgment in the Seventh Circuit. Judge Posner's opinion substantially clarified the governing legal standard consistent with our argument (453 F.3d 900 (7th Cir. 2006)). The case was then favorably settled for the plaintiff.
• Sierra Club, Illinois Chapter v. United States Department of Transportation, 962 F. Supp. 1037 (N.D. Ill. 1997) - Represented environmental and neighborhood groups in suit under National Environmental Policy Act challenging approval of flawed Environmental Impact Statement (EIS) for major toll highway extension. Prevailed on summary judgment in significant published opinion requiring defendants to re-do EIS to properly account for relationship between highway construction and forecasted regional development patterns.

Education

• Duke University School of Law, J.D. with High Honors, 1989; Note Editor, Duke Law Journal
• University of Michigan, Ann Arbor, B.A., 1986

Bar Admissions

• Illinois
• U.S. District Court for the Northern District of Illinois (Trial Bar)
• U.S. Court of Appeals for the Fifth, Sixth and Seventh Circuits
• United States Supreme Court

Memberships and Activities

• Turnaround Management Association
• International Association of Insurance Receivers
• American Constitution Society

Publications and Presentations

• Self-Help: Fighting Back in Court for When You are Hurt by the Money Laundering and Neglect of Others, 11th Annual International Money Laundering Conference and Exhibition
• Recognizing and Responding to Money Laundering Red Flags, Bank Secrecy Act and Anti-Money Laundering Conference, Federal Reserve Bank of Chicago