Michael M. Maddigan

Partner

Michael M. Maddigan, a partner in O’Melveny’s Los Angeles office, is Co-Chair of the Health Care and Life Sciences Practice and a member of the Class Actions, Mass Torts and Insurance Litigation Practice. He represents health benefits companies, insurers, technology companies, and emerging companies in complex class action and business disputes involving health care, insurance and reinsurance, antitrust, and business issues. Mike has led the defense of the Firm’s clients in litigation of national significance.

Mike speaks regularly before professional organizations on a variety of litigation-related topics. He also serves as national Co-Head of the Firm’s Litigation Department Training Program.

Illustrative Professional Experience

• Represents large health insurer in multi-million-dollar payment dispute with hospital system.
• Represented one of the nation’s largest managed health care companies in class action asserting a variety of privacy-based negligence, contract, and statutory claims based on the loss of a computer drive containing member information. Obtained dismissal of multiple claims and successfully defeated class certification.
• Represented one of the nation’s largest managed health care companies in litigation brought by the Los Angeles City Attorney’s office and by private class plaintiffs challenging the company’s right to rescind individual insurance policies. 
• Successful defendse of several employee benefit companies in In Re Employee Benefits Insurance Brokerage Antitrust Litigation, a Multi-District Litigation proceeding involving antitrust, RICO, and ERISA class actions challenging broker compensation practices in the employee benefits industry. The Firm’s clients obtained dismissal of, or summary judgment on, all of plaintiffs’ claims, and the District Court’s decision was affirmed by the Third Circuit.
• Represents leading insurance company in ongoing coverage and bad-faith litigation involving alleged asbestos and environmental liabilities.
• Represented one of the nation’s largest health insurers in an action filed in California state court asserting bad faith and breach of contract claims relating to the purported denial of certain emergency benefits.
• Represented one of the nation’s largest health insurers in a purported nationwide RICO class action challenging the company’s medical policy.
• Represented one of the nation’s largest health insurers in a series of nationwide RICO class actions that were consolidated into a Multi-district Litigation proceeding before the U.S. District Court for the Southern District of Florida. Mike led WellPoint’s successful defense of plaintiffs’ capitation claims, on which the court granted summary judgment.
• Represented Advanced Micro Devices (AMD) as part of an O’Melveny team representing AMD in antitrust claims against Intel, resulting in $1.25 billion settlement for AMD.
• Represented a leading insurance company in a $200 million environmental insurance coverage dispute in which the company obtained summary judgment in its favor.

Professional Activities

Law Clerk, Honorable William D. Keller, U.S. District Court, Central District of California, 1992-93
Admitted to Practice, U.S. District Court, Central District of California; U.S. Court of Appeals, Third and Ninth Circuits
Member, American Health Lawyers Association; American Bar Association, Health Law Section; Association of Business Trial Lawyers (President 2010-2011, Vice-President 2009 2010, Treasurer 2008-09, Secretary 2007-08); Board of Directors, Inner City Law Center; Board of Directors, Los Angeles Legal Aid Foundation; Los Angeles County Bar Association (Healthcare Law section)
Speeches and Panels, “Lost Profits and Other Damages Theories” (Moderator), Association of Business Trial Lawyers’ Annual Seminar (October 2011); “Top Healthcare Reform Issues for Managed Care No One is Thinking About and Why You Should Be,” American Health Lawyers Annual Meeting (June 2011); “Preparing for the Flood of Upcoming Litigation: How Managed Care Plans Can Respond to the Unpredictable Impact of Health Care Reform,” Advanced Forum on Managed Care Disputes and Litigation sponsored by the American Conference Institute (May 2011); “Government Changes To The Rules Of Competition,” 2010 Antitrust in Healthcare Conference sponsored by ABA and AHLA (May 2010); “Seeing Around Corners: The Coming Litigation Wave And What You Can Do About It,” Blue Cross and Blue Shield Association Lawyers’ Conference (May 2010); “Despite Its Flaws, Does Arbitration Beat The Alternative Or Not?” ARIAS U.S. 2010 Spring Conference (May 2010); “Cross Border Discovery: Diplomacy, Devices, and Delivery,” ABTL Annual Seminar (October 2009); “RICO Class Certification: Defendants’ Strategies for Leveraging the ‘New’ Reliance Standards”; “Class Actions and Complex Case Management”; “What Every Commercial Mediator Should Know About Complex Case And Discovery Management”; “IT Experts: Finding and Protecting the Right One”; “How to Try A Systems Failure Case (Mock Trial)”; “Three Tips for Electronic Discovery”; “PLI Law and Motion Practice Panel”; “Simplifying Your IT Case”