Michael F. Dearington

Partner

Mike focuses his practice on complex civil litigation, constitutional law, white collar defense, and government investigations and enforcement.

Michael Dearington Portrait

Mike is a highly sought-after advocate who provides advice to corporate and individual clients in connection with a range of difficult legal issues, and represents clients in all stages of high-stakes litigation, from investigation through trial and appeal. He has led or played leading roles in investigations and trials, and he has argued at multiple federal appellate courts and at the highest state-court level. Many of Mike’s clients are in the health care and life sciences industries.

Mike routinely counsels clients on matters involving the False Claims Act, the Foreign Corrupt Practices Act, and federal securities laws, as well as complex commercial litigation and white-collar defense matters. He frequently writes and speaks on these subjects, and his work has appeared in or been cited by such publications as the Wall Street Journal, Bloomberg BNA, National Law Journal, and various law reviews. His cases have also been profiled by The New York Times, The Washington Post, The Wall Street JournalAPThe New Yorker, and other news organizations.

Mike clerked for Judge José A. Cabranes of the United States Court of Appeals for the Second Circuit and the Foreign Intelligence Surveillance Court of Review. He also previously served as an extern in the US Attorney’s office for the District of Connecticut, and worked as a legal assistant at an international law firm. 

Client Work

Government Investigations & Litigation

Mike routinely advises and represents clients in responding to government subpoenas/CIDs issued by the Department of Justice, component US Attorney’s Offices, agency OIGs, the SEC, and state attorneys general, and represents clients in related enforcement proceedings and litigation. Recent government investigations and litigation matters with which Mike has been involved include:

  • Led an internal investigation of possible compliance lapses and retaliation at a large multinational corporation and authored the investigation report.
  • Obtained dismissal on behalf of a global pharmaceutical manufacturer in a False Claims Act litigation brought by a qui tam relator alleging Anti-Kickback Statute conspiracy between various manufacturers and PBMs, upheld on appeal by the First and Second Circuits.
  • Obtained declination on behalf of the former president of a benefit management company in a False Claims Act investigation (the former company entered into a $54 million settlement).
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White Collar Defense

Mike regularly represents clients in federal criminal investigations and litigation involving charges of fraud, economic espionage, failure to register as a foreign agent, obstruction of justice, false statements, and conspiracy. Recent representative matters with which Mike has been involved include: 

  • Obtained complete acquittal for client at trial and on appeal in high-profile 10-count fraud and false statement case brought by DOJ National Security Division and US Attorney’s Office, including two counts of dismissal, four counts of acquittal by jury after three-week trial, three counts of acquittal by district court, and one count of acquittal following oral argument at the Tenth Circuit in precedent-setting case. 
  • Prevailed on motion to dismiss 10 wire fraud counts under invalid honest services fraud theory (W.D. Tex.).
  • Represent private equity executive in securities fraud case brought by DOJ and SEC.
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Complex Commercial Litigation & Constitutional Law

Mike represents and advises clients in complex commercial contract and other business disputes before courts and other tribunals around the country. Recent representative matters with which Mike has been involved include:

  • Argued motion for summary judgment and appeal before the DC Court of Appeals in a real estate tax case, establishing precedent that ground lease terminations are not taxable, and successfully reversing the assessment of tax penalties.
  • Represented a playwright and director in a defamation suit in federal court in Washington, DC, resulting in a dismissal upheld by the DC Circuit.
  • Represented large generic drug producer in licensing dispute with brand manufacturer in Delaware chancery court, leading to favorable resolution.
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Publications, Presentations & Recognitions

Publications

Presentations

  • Guest Lecturer regarding DC Circuit’s First Amendment and Defamation Legal Developments at George Washington University Law School (2022-2024)
  • Presenter, The Fate of the Chevron Doctrine and Judicial Deference to Federal Agencies (TECNA Conference Apr. 2024)
  • Co-presenter, “The Anatomy of a False Claims Act Case,” ArentFox Schiff Litigation Essentials Series (2017)

Recognitions

  • Washington, DC Super Lawyers (2019-2024) 
  • Best Lawyers in America, Corporate Governance and Compliance Law and Criminal Defense: White-Collar (2024-2025)
  • JD Supra Reader’s Choice Award, White Collar Defense (2022, 2024)
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Professional Activities

  • Previously served on Board of Bar Association of DC Young Lawyers Section, and ArentFox Schiff Associates Committee

Awards

Awards

JD Supra Readers Choice Top Author 2024

JD Supra Readers Choice Top Author 2022