Michael J. Madigan

Senior Counsel
White Collar & Corporate Investigations

Michael J. Madigan is a litigation partner in Orrick's Washington, D.C., office.  Mr. Madigan has more than 30 years of experience in white collar criminal investigations, congressional and corporate investigations, corporate governance issues and Washington, D.C., legislative and political issues.  He began his legal career by serving as a federal prosecutor where he tried more than 100 jury trials.  At age 30, he served as Counsel to Senator Howard Baker on the historic Senate Watergate Committee.  In addition, Mr. Madigan has served as Chief Counsel for Senator Fred Thompson’s Campaign Finance investigation, Counsel to the Church Committee and Minority Counsel of the Senate Intelligence Committee. 

Mr. Madigan has successfully defended corporate and individual clients (including law firms and accounting firms) in a variety of complex criminal, civil and congressional investigations; conducted corporate internal investigations and counseled on corporate governance and Foreign Corrupt Practices Act issues.

The following is a sample of his notable cases/clients.

  • Achieved an acquittal on all counts for his client, one of the Defendants in the highly publicized Africa Sting Trial.  The Trial was the longest in FCPA history and the Jury verdict resulted in dismissal of all charges by the Department of Justice for the rest of the 22 Defendants originally charged in the Indictment.
  • Successfully defended the former KPMG Chairman of Tax Department in U.S. v. Stein et al., which led to the revocation of the Thompson Memorandum and a new case law in the white collar corporate arena.  See U.S. v. Stein (opinions entitled Stein I-IV).
  • Successfully defended a Chiquita employee in criminal and congressional investigations—no charges brought against client in a criminal DOJ investigation in which the Chiquita Corporation entered a guilty plea.
  • Represents high ranking corporate officer in Deepwater Horizon explosion civil and criminal investigations.
  • Represents a public company in ongoing criminal (FCPA), SEC and congressional investigations.
  • Represents a high ranking corporate officer in a DOJ criminal antitrust investigation of cargo airlines.
  • Successfully defended the Chief Justice of the Supreme Court of New Hampshire in the State’s first ever Impeachment Trial before the Senate of New Hampshire, in which he was acquitted.
  • Successfully defended the Chief Judge of the United States District Court for the District of Columbia in a special investigation by the Judicial Council of the District of Columbia Circuit and in a parallel congressional investigation.
  • Represented a corporate Chairman of the Board in a two year Securities and Exchange Commission investigation which was closed with no charge letter.
  • Represented Congressman Patten in House Ethics Committee trial in which he was acquitted of all charges.
  • Represented HealthSouth Outside Directors in a Congressional investigation and hearings, and in the Scrushy criminal trial in the Middle District of Alabama.
  • Currently represents (and has represented) numerous companies and individuals in Congressional investigations.
  • Conducted numerous internal investigations of alleged fraudulent activities for public and private companies.
  • Represented Continental Airlines pilots in the largest (76 trial days) airline pilot “integration trial” in airline history.
  • Member of the ABA's "DOJ Dialogue Group" which meets quarterly with the Attorney General of the United States and other DOJ leaders to discuss current criminal justice issues.

Mr. Madigan has been appointed to serve on a number of commissions and committees, including the District of Columbia Federal Judicial Nominating Commission (federal judge selection), the Magistrate Judge Selection Committee (Vice Chairman), the D.C. Judicial Nomination Commission (local judge selection), the D.C. Circuit Judicial Conference and the Mayor’s Corporation Counsel Advisory Committee.  He has taught Trial Advocacy at the National Institute of Trial Advocacy for the past 20 years, where he received the “Justin Simon Award for Excellence in Teaching” and has been a Delegate to both the D.C. Circuit and D.C. Judicial Conferences for the last 15 years.

Mr. Madigan has been elected to and/or been asked to serve on a variety of boards and has been involved in the major decision-making of each organization, including the Board of Governors of the D.C. Bar (elected to two three-year terms); the Board of Trustees of the District of Columbia Public Defender Service; the Boards of Directors of the Robert A. Shuker Scholarship Fund, Inc.; the Frederick B. Abramson Memorial Foundation, the D.C. Conference on Opportunities for Minorities in the Legal Profession, the Council for Court Excellence and the Bar Association of the District of Columbia.

Mr. Madigan is a Fellow in the International Academy of Trial Lawyers and a “Master” in the Edward Bennett Williams Inn of Court.  He is a Member of the Barristers, the Lawyers Club and the Cosmos Club. 

Michael Madigan
Speeches
  • Panelist, Annual ABA White Collar Crime Committee Meeting - "FCPA - Africa Sting Trial," Las Vegas (March 2013)
  • Panelist, "FCPA - Lessons Learned," ACI Inaugural Summit on White Collar Litigation (January 2013)
  • Panelist, "The Shot Show Case: FCPA Lessons Learned from the Frontlines," TASA Webinar (October 2012)
  • Speaker, "Bribery Prosecutions for Profit? Policy and Practical Implications," ABILA International Law Weekend Fordham Law School (October 2012)
  • Panelist, "FCPA - Defense, Government & In-House Perspectives," (September 2012)
  • Speaker, "FCPA - Does FCPA Need Reform?" The Federalist Society Teleforum (August 2012)
  • Panelist, “ Congressional Investigations: An Inside Look at a Unique Forum,” ABA White Collar Crime National Institute (March 2008)
  • Speaker, “Congressional Investigations,” The Bar Association of San Francisco (June 2007)
  • Panelist, "Bull's Eye on Companies – Defending the Corporation, Including Going to Trial," The NACDL and Georgetown Law CLE program Defending the White Collar Case (November 2008)
  • Panelist, “How to Reform the Electoral System and Should One?,” Cosmos Club Legal Affairs Committee (April 2008)
  • Panelist, “The Obstruction of Justice,” The Federalist Society’s Criminal Law and Procedure Practice Group (May 2008)
  • Panelist, “Exploring the KPMG Criminal Case,” ABA White Collar Crime National Institute (March 2008)
  • Panelist, “Recent Developments and Current Issues Related to Foreign Corrupt Practices Act (FCPA) Cases,” ABA White Collar Crime Committee DC Regional Subcommittee (October 2007)
  • Moderator, Conversation with Jeffrey Taylor, United States Attorney for the District of Columbia, ABA White Collar Crime Committee DC Regional Subcommittee (March 2007)
  • Moderator, Pupilage Group, “McNulty Memo,” Edward Bennett Williams American Inn of Court (February 2007)
Admitted In
  • District of Columbia

Education
  • J.D., Catholic University of America, Columbus School of Law
  • B.S., University of Connecticut
Honors
  • Chambers USA "Leader in Their Field," 2013
  • Law360 MVP, White Collar, 2012
  • Best Lawyers in America, 1995-2012
  • Litigation 2011 Best Lawyers for Bet-The-Company Litigation
  • Chambers USA, White Collar
  • The International Who's Who of Business Crime Defense Lawyers 2010
  • Washingtonian's Top Lawyers, White Collar
  • Super Lawyer, White Collar, 2010-2011
Clerkships
  • Hon. Edward A. Tamm, U.S. Court of Appeals for the D.C. Circuit

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