Michael Tubach

Partner

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Michael Tubach focuses on civil litigation and white-collar criminal defense. He represents companies and individuals in criminal, antitrust, securities, and class action disputes and internal investigations. His trial experience includes over 35 trials and 20 appellate arguments.

Michael is one of ten lawyers nationwide ranked “Band 1” in Antitrust by Chambers USA in 2018.  He is also recommended by numerous other legal-ranking guides in addition to Chambers USA, including Legal 500, PLC Which Lawyer, and Best Lawyers in America, which quote sources who note that Michael is “an expert in white-collar litigation and antitrust and often represents clients in cases involving a combination of both areas, such as criminal cartel matters.” Earlier editions of Chambers USA note Michael’s “deep and thorough understanding of antitrust law, which is coupled with a patient and proactive work ethic,” and his “reputation as a top-flight trial lawyer for criminal antitrust litigation and cartel work.” For the past ten years, he has been named a Northern California “Super Lawyer” and a leader in the field of White Collar Criminal Defense in a survey published in San Francisco magazine.

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Corporate & Government Experience

  • Assistant U.S. Attorney, U.S. Attorney’s Office, Washington, D.C. (1991-97)

Honors & Awards

  • Recognized by Best Lawyers® 2020 for Antitrust Law, Litigation - Antitrust in San Francisco, CA; Michael has been listed in Best Lawyers® since 2013.
  • Recognized as a leading lawyer in Antitrust: Cartel by Chambers USA and Chambers Global (2016-2019), and in Antitrust in California by Chambers USA (2018-2019)
  • Recognized as a leading lawyer in Litigation: White-Collar Crime & Government Investigations in California by Chambers USA (2018-2019)
  • Recommended by Legal 500 for Antitrust - Cartel (2016-2018), Antitrust - Civil Litigation/Class Actions (2015-2018), and Litigation: White-Collar Criminal Defense (2010, 2012-2013)
  • Recognized “for the quality of his antitrust and criminal work” in Who's Who Legal: Competition (2016, 2018)

Admissions

Bar Admissions

  • California
  • District of Columbia

Court Admissions

  • US District Court, Central, Eastern, Northern, and Southern Districts of California
  • US District Court, Eastern and Western Districts of Michigan
  • US Court of Appeals, Fifth, Sixth, and Ninth Circuits
  • US Court of Appeals, District of Columbia

Education

  • University of California at Berkeley, J.D., 1989: Order of the Coif; Executive Editor, California Law Review
  • University of California at Berkeley, B.A., 1985: with distinction

Professional Activities

Clerkships

  • Honorable Stephen F. Williams, U.S. Court of Appeals, D.C. Circuit (1989-90)

President

  • The Bar Association of San Francisco (2016)

Bristow Fellow

  • Office of the Solicitor General (1990-91)

Lecturer

  • First-Year Criminal Law, Fall 2002, University of California, Berkeley, Berkeley Law School
  • Guest Lecturer, White Collar Criminal Exposure from the Perspective of a Convicted Criminal, Stanford Law School, Spring 2004
  • Guest Lecturer, Defense and Prosecution of White Collar Crime, Berkeley Law School (multiple)
  • Frequent panel speaker on various legal issues, including at the Practicing Law Institute, the Bar Association of San Francisco, and the State Bar of California’s Antitrust Section

Recent Speaking Engagements

  • “Latest Developments in No-Poach Agreements,” California Lawyers Association Antitrust & Unfair Competition Section (January 2019)
  • Speaker at Antitrust Judicial Law and Economics Institute at Berkeley (conference exclusively for federal judges) (October 2018)
  • “Will Apple’s App Store Lead to the end of Illinois Brick?,” American Bar Association (ABA) and California Antitrust, UCL & Privacy Law Section (July 2018)
  • “Rigging Bids on the Courthouse Steps: Real Estate Cartels,” American Bar Association (ABA) Section of Antitrust Law, San Francisco (July 2014)
  • “Challenges in Conducting Internal Investigations,” Antitrust Law Conference, San Francisco (February 2013)
  • “Trial Complexities in Antitrust Cases following Clayworth: Competing Views of Different Plaintiffs’ Groups and Defendants,” State Bar of California’s 21st Annual Golden State Antitrust & Unfair Competition Law Institute, San Francisco (October 2011)
  • “Dealing with Enforcement Issues and Opportunities,” PLI Antitrust Institute 2011, San Francisco (February 2011)
  • “Antitrust 2010,” PLI Antitrust Institute 2010, San Francisco (May 2010)
  • ABA Spring Meeting 2010, Washington, D.C. (April 2010)
  • “Defense Considerations in Cartel Investigations,” ABA Brown Bag Series - Litigating and Trying Complex Civil Antitrust Class Actions (January 2009)
  • “Litigating Civil Cases With Parallel Criminal Investigations,” ABA Brown Bag Series - Litigating and Trying Complex Civil Antitrust Class Actions (October 2008)
  • “Dealing with the Antitrust Enforcement Agencies: Discussion and Hypothetical,” PLI Antitrust Institute 2008, San Francisco (May 2008)

Recent Publications

  • “Keeping the Cat in the Bag: Reviewing Foreign-Located Documents in United States Criminal Antitrust Investigations,” published for the ABA Spring Meeting 2010
  • “eBay Wins Summary Judgment In Section Two Class Action,” O’Melveny Client Alert (2010)
  • Counsel for Leoni Wiring Systems, Inc., a manufacturer of automotive wire harnesses, in Department of Justice investigation and numerous related civil class actions
  • Counsel for a leading technology company in an antitrust class action relating to alleged agreements among seven companies not to cold-call each other’s employees
  • Counsel for Espar Inc. in a Department of Justice criminal investigation and related civil class actions regarding parking heaters in commercial vehicles
  • Counsel for Eberspaecher in class actions relating to alleged price-fixing in automotive exhaust systems
  • Counsel for ROHM Co. Ltd. in class action litigation arising out of criminal investigations regarding capacitors and resistors
  • Counsel for MAHLE Behr in class actions relating to alleged price-fixing in automotive air conditioning systems
  • Counsel for Hill’s Pet Nutrition (a Colgate-Palmolive subsidiary) in class actions alleging price-fixing among manufacturers of pet foods
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