Mike has extensive experience successfully litigating complex, class action lawsuits as a plaintiffs' lawyer. Mike has played a primary role in cases resulting in settlements of more than $1 billion. He has prosecuted securities, derivative, merger & acquisition, ERISA, breach of fiduciary duties, personal injury, and consumer cases throughout the country in both state and federal court.
When not practicing law, Mike trains Brazilian Jiu-Jitsu. He has competed in Brazilian Jiu-Jitsu tournaments in Arizona, Nevada, Utah, California, and Brazil. He loves to surf, especially in the Pacific Ocean. He loves to dive in the Caribbean; recently he had the pleasure to experience the Bloody Bay Wall located off the coast of Little Cayman - a favorite dive spot of Jacques Cousteau, and also to visit the USS Kittiwake which was purposely sunk by the U.S. Navy off the coast of Grand Cayman - at the time of the dive the ship was also being visited by several Nurse Sharks. He made the entire 22 mile Kalalau hike off the Napali Coast, swam in the ocean at Hanakapiai, and survived to talk about it. He is also working on earning his private pilot's license.
Mike is a fighter. He's always been a fighter. It is in his DNA. Whether he's litigating a class action involving thousands of people against a multinational conglomerate, or an individual case protecting one client's rights, he fights with the same passion and conviction. He believes in standing up for every client – and he's willing to go to the mat for each one.
Representative Cases
In re Conseco Life Ins. Co. Cost of Insurance Litigation, (cost of insurance class action, $400 million settlement) (2008).
In re: Insurance Brokerage Antitrust Litigation, (cost of insurance class action, $121 million settlement) (2009).
AGA Shareholders v. CSK Auto, Inc., (securities fraud, confidential settlement reached after the first day of trial) (2009).
“Senior Annuity” cases, (class actions against insurance companies including Allianz Life Insurance, National Western, Midland, American Equity, and AIG, for deceptive annuity sales practices, class settlements in the aggregate value between $552 million and $1.2 billion) (2010).
“Kitec” cases, (consumer protection class actions against plumbing fitting manufacturer and home builders, settlements in the aggregate valued between $125 million and $160 million) (2012).
Singleton v. Adick, (FLSA class action, first chaired bench trial, verdict in favor of clients, awarded for 100% of unpaid wages, plus punitive damages, costs, and attorney fees) (2013).
Theirot v. Celtic Ins., (cost of insurance class action, no motion practice, class settlement valued at $1 million) (2013).
“Auction rate securities” cases, (represented cities, municipalities in California, Texas, Pennsylvania, Utah, West Virginia, and other locations with claims stemming from losses associated with auction rate securities, confidential settlements in the aggregate valued between $100 million and $200 million) (2012-2014).
Local Bank v. SunTrust, (securities fraud claims against investment bankers who packaged preferred trust securities into CDOs and sold the bank positions in CDOs using false statements, confidential seven figure settlement) (2013).
“Bond insurance” case, (represented a city with cost of insurance related claims against bond insurance companies, confidential seven figure settlement) (2014).
Local Bank v. UBS, (securities fraud claims against investment banker who packaged toxic in-house securities into complex synthetic CDOs that were designed to fail and sold positions in the synthetic CDOs to local bank representing that they were investment grade, confidential seven figure settlement) (2014).
Anarkat v. Hypercom, (derivative action challenging merger, settlement included corporate governance changes and $510,000) (2014).
“Automobile financing and repossession” cases, (consumer protection class actions in Arizona, Idaho, and North Carolina against automobile finance companies for over charging for credit insurance and unlawful repossession practices, settlements valued in the aggregate at $22 million) (2015).
Louisiana Fire Fighters Retirement System v. Northern Trust, (securities fraud claims relating to securities lending, class of plans settlement valued in excess of $17 million) (2015).
Beynel v. Capital Investors, (securities fraud, senior citizen client lost 100% of her retirement savings and her home because of dishonest investment advisor, settlement provided return of 80% of retirement savings, waived attorney fees) (2015).
Marrion v. Collabnet, (securities fraud, minority shareholder rights, no motion practice, $3 million settlement) (2015).
Bilewicz v. Fidelity Investments, (ERISA breach of fiduciary duty claims, $9 million settlement) (2015).
D'Agostino v. JDA Software, (derivative action challenging merger, settlement included $350,000 and corporate governance changes) (2015).
Manthangadu v. LifeLock, (derivative action challenging corporate governance practices and failures to comply with prior FTC agreement, settlement valued at roughly $20 million) (2016).
“Uber airport fees” cases, (consumer protection class actions against Uber for charging fees charged by the airport for pick up or drop off service when in fact no such fees were charged by airports, $2 million settlement) (2016).
Kramer v. Aegon, (ERISA breach of fiduciary duty, $4 million settlement) (2016).
Minzer v. LifeLock, (derivative action challenging merger, no motion practice, settlement included corporate governance changes and $150,000) (2016).
Shufeldt v. Nextcare, (securities fraud, minority shareholder rights, $3.2 million settlement) (2016).
Koon v. AZ One AZ Credit Union, (FLSA class action, $200,000 settlement) (2017).
Harris v. Freeport McMoran, (derivative action challenging executive compensation, settlement included corporate governance changes and $500,000) (2017).
Whitley v. JP Morgan, (ERISA breach of fiduciary duty claims, $75 million class settlement) (2017).
Daugherty v. University of Chicago, (ERISA breach of fiduciary duty claims, $6.5 million settlement) (2018).
Pease v. Jackson National, (ERISA proprietary fund claims, $4.6 million settlement) (2018).
Leary v. BP Lubricants, (Magnusson-Moss claims, $1.32 million settlement) (2018).
Venieris v. PVH Retail Stores LLC, (consumer class action, $500,000 settlement) (2019).
Santiago v. University of Miami, (ERISA breach of fiduciary duty claims, $1.9 million settlement) (2021).
Indie Caps, LLC v. Thomas P. Ackerman, (breach of fiduciary duty claims, $3.25 million jury verdict) (2022).
Moon v. E.I. du Pont de Nemours, (ERISA breach of fiduciary duty claims, $7 million settlement) (2023).
Jane Doe v. XYZ Co., (personal injury, $1 million settlement) (2023).
Thompson v. NCL Corporation, (ERISA breach of fiduciary duty claims, $615,000 settlement) (2024).
John Doe v. XYZ Co., (personal injury, $1 million settlement) (2024).
Gotta v. Stantec Consulting Services, Incorporated, (ERISA breach of fiduciary duty claims, $2 million settlement) (2024).
Moler v. University of Maryland Medical System, (ERISA breach of fiduciary duty claims, $3.25 million settlement) (2024).
Representative Presentations
Bridgeport Continuing Education, Lo Jolla, California
AT&T v. Concepcion, Assessing the Impact on Class Action Litigation, January 27, 2012
Bridgeport Continuing Education, San Francisco, California
Deposing Directors, Officers, and High-Level Executives, September 25, 2015
Education
Graduated with high honors from Syracuse University College of Law and Utah State University
Court Admissions
Professional Affiliations
Recommendations
Professional and Supportive
Mike McKay was awesome in very difficult times. He was professional and supportive in every aspect of my case. Thanks for getting me through some of the worst days of my life! I couldn't have done it without you.
Provided Me Peace of Mind
Simply the best. Mike responded to my phone call when I needed consultation. He adjusted his schedule to fit me in on short notice and provided me with peace of mind in a stressful time. Thank you, Mike for peace of mind and the results I wanted.
He Saved Me
I was sued in federal court by a well-heeled international venture capitalist firm. The firm's goal was to wipe me out as a competitor. Mike first defended my case and then successfully filed counterclaims that the venture capitalist firm was unable to defend. If it wasn't for Mike, I would have ...
Capable and Knowledgeable
I hired Mike McKay to represent me in my divorce. My divorce was unexpected and took a toll on me physically and emotionally. Mike is capable, knowledgeable, and very reassuring when you're dealing with emotional and stressful situations. In the end it worked out, in big part, thanks to Mike.
Protected My Sons
Before I could even tell what was happening to my marriage, I was in the middle of a very nasty situation. There's nothing I wouldn't do to protect my sons and keep them in my life, but I was outgunned and outwitted, thankfully for me I found Mike McKay and everything changed. I have my sons. I o...
Powerhouse
Get a powerhouse in your corner. I give Mike McKay a strong thumbs up as a smart, hard fighting attorney who will protect your interests and stand up to the legal bullies. I retained Mike to help and defend me from a nationally recognized and rather infamous attorney who specializes in attacking ...
Utmost Integrity
Mike as a man of utmost integrity, with the attitude of a mixed-martial-arts fighter... he never quits. I was wrongfully sued in a case that threatened the existence of my business. Mike took my case, and I am still in business today. If you are looking for a world-class lawyer (seriously... look...
Honest and Fair
One of the good ones. I hired Mike McKay for my divorce and words cannot express what a relief I felt once I had him in my corner. I never thought I would get divorced and I wasn't ready for the harsh reality of our court system, but the reality of my situation became crystal clear immediately af..
I Highly Recommend
I am the CEO of a non-profit homeless shelter in Phoenix, Arizona. The shelter was named as a defendant in a civil action filed in Arizona Superior Court. Mike represented the shelter on a pro bono basis and successfully got the case dismissed without hardly any interruption to our normal busines...
Exceeded Expectations
Mike McKay exceeded my expectations. He always made me feel like I was his only client. He was very responsive and personable, and I was beyond pleased with the results of my divorce.
Great Attorney
Mike is a great attorney. He expertly guided me through the divorce process, explaining its complexities, and always treating me with respect and compassion. He helped me to keep the big picture in mind and to focus on what I needed to do to move forward in a positive and successful direction. Hi...