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T. Michael Guiffré

Partner

mguiffre@crowell.com
Phone: +1 202.624.2501
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

T. Michael Guiffré is a skilled trial lawyer and litigator with more than 25 years of global disputes experience. Michael has served as lead counsel in international and domestic arbitrations and federal and state court litigation throughout the United States. He is a partner in the International Dispute Resolution Group.

Michael represents clients in a wide variety of disputes involving commercial and government contracts, construction claims, aeropolitical and aviation issues, investor-state treaties, intellectual property rights, business torts, and fraud. He is also adept in litigating contract disputes, bid protests, and other claims against the U.S. government and has defended companies against procurement fraud allegations (including qui tam actions) and terminations for default. Michael has managed a variety of government and internal corporate investigations.

Michael served for six years as an officer and lawyer in the U.S. Army, where he obtained substantial trial and appellate experience. He managed complex contract litigation and fraud investigations in the Office of the Chief Trial Attorney, was lead counsel in dozens of appeals, and prosecuted numerous criminal offenses.

Representative Matters

  • Extensive experience representing a Middle East airline and airport with respect to construction arbitration, aeropolitical matters, and investor-state disputes.
  • ICC arbitration of multibillion dollar dispute concerning breach of contract and negligence in airport infrastructure project.
  • Represent an investor in a multibillion dollar investor-state dispute against the Independent State of Papua New Guinea for obstructing a construction and timber rights project.
  • Secured dismissal of Anti-Terrorism Act claims against a Middle Eastern bank.
  • Following a two-week arbitration, secured global IP licensing rights, a US$12 million royalty payment, and other relief in a complicated patent and biotechnology dispute.
  • Obtained summary judgment for a government software services provider defending an US$18 million claim involving disputed RFP terms, multiple bid protests, an ASBCA termination for convenience claim, and allegations of tortious interference and conspiracy.
  • Secured a US$4.4 million arbitration award against a competitor of an electronic recycler company for malicious prosecution of a lawsuit alleging US$25 million in damages based on knowingly unsupportable RICO, fraud, and breach claims. Obtained sanctions against opposing counsel exceeding US$350,000.
  • After a week-long arbitration, secured a US$3 million award against a wind tower supplier for manufacturing defects and delays, recovered wind towers worth approximately US$5 million, and defeated a US$6.6 million counterclaim.
  • Successfully defended a US$140 million lawsuit alleging that a research and development company had unlawfully converted sulfur removal technology. After a two-week trial, the court denied the plaintiff’s claims of theft of a corporate opportunity, breach of contract, fraud, and civil conspiracy.
  • Successfully obtained dismissal of multibillion dollar Chapter 11 cases in favor of insolvency proceedings initiated in The Bahamas. Successfully defended multiple related lawsuits and construction claims.
  • Obtained over US$500,000 in sanctions against the plaintiff and its counsel in a federal jury trial based on an alleged breach of a professional services contract.
  • In a month-long trial, successfully defended the General Services Administration (GSA) against claims that it improperly took more than US$300 million in volume discounts under the Federal Telecommunications Service contract.
  • Obtained summary judgment against a former governor and White House Chief of Staff who alleged a major airline had committed breaches of contract and fraud in connection with renegotiated aircraft leases.
  • Conducted a jury trial in the “Rocket Docket” (E.D.Va.) concerning breaches of a military transportation contract in Afghanistan, mitigating damages alleged by the opposing party.
  • Obtained a US$2.1 million judgment against a foreign embassy’s former counsel who embezzled the embassy’s funds.
  • After 10 days of testimony on a TRO/preliminary injunction, succeeded in dismissing claims to expel more than 20 priests, deacons, and parishioners from an Ethiopian church, leading to a tripling of the church’s parishioners. Subsequently obtained dismissal of a related federal lawsuit based on constitutional grounds and the plaintiffs’ failure to allege RICO claims.
  • Obtained favorable settlement defending intellectual property and executive compensation indemnification claims valued in excess of US$30 million.
  • Secured a trial verdict for predatory lending.
  • During jury deliberations, negotiated a favorable settlement for the plaintiff, a government contractor whose former employees started a competing business.
  • Negotiated a multimillion dollar settlement against the U.S. government to recover costs of remediating organochlorine pesticides at the former Naval Air Station Alameda.
  • Successfully defended multiple agency-level and judicial bid protests against the awardee of a US$126 million construction contract based on alleged investment activities in Iran.
  • Obtained a declaratory judgment within two weeks of instituting a suit against the government for wrongfully proceeding with contract performance while a bid protest was pending.
  • Represented a public company in its voluntary disclosure of billing irregularities to the Department of Defense Inspector General. Successfully negotiated a compliance agreement precluding disbarment from government contracting.
  • Persuaded the Air Force to set aside a termination for default in a bet-the-company appeal and secured a major award against the company’s subcontractor for breach of contract.
  • Successfully prosecuted a TRO action blocking a prime contractor in Afghanistan from usurping a subcontractor’s essential personnel.
  • Conducted an internal investigation for a major oilfield services provider and negotiated a favorable confirmatory order with the Nuclear Regulatory Commission resulting from displaced radioactive material.
  • Persuaded the Department of Justice not to intervene in a False Claims Act case alleging delivery of nonconforming encrypted communications equipment, after which the qui tam plaintiff voluntarily dismissed his retaliation claims.
  • Obtained summary judgment for a former White House Special Counsel in a defamation lawsuit concerning “Travelgate” and “Filegate.”
  • Negotiated a favorable settlement for a major insurance broker in connection with an investigation by the D.C. Attorney General of alleged antitrust and other violations.
  • Negotiated a favorable settlement in a novel insurance coverage claim based on reduced convention attendance due to the H1N1 virus.
  • Successfully defended a company against its former CEO’s claims for wrongful termination based on misappropriation of company assets.

Education

  • New Mexico State University, B.A. (1990)
  • Georgetown University Law Center, J.D. (1993)

Affiliations

Admitted to practice: District of Columbia; New York; Virginia; Maryland; New Mexico [inactive]; before the U.S. Supreme Court; U.S. Courts of Appeals for the Federal Circuit, Fourth Circuit, Seventh Circuit, Ninth Circuit, Eleventh Circuit, and the District of Columbia Circuit; U.S. District Courts for  the District of Columbia, Southern District of New York, Eastern District of New York, Eastern District of Virginia, Maryland, Northern District of Illinois, and New Mexico; U.S. Court of Federal Claims; U.S. Court of Appeals for Veterans Claims; and the U.S. Court of Appeals for the Armed Forces

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, Brussels, and Shanghai.

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