Mike Baumann is a partner in Kirkland’s Los Angeles office and has served as trial and appellate counsel advising and representing major corporate clients in federal and state courts and in arbitration.

Recent Complex Business Disputes

• The Boeing Company and Boeing Commercial Space Company v. KB Yushnoye, S.P. Korolev Rocket and Space Company, Limited Energia (“Energia”) In 2015, Mike represented Boeing and Boeing Commercial Space in the United States District Court, Central District of California. Boeing obtained summary judgment against Russian and Ukrainian companies for payments exceeding $500 million relating to the Sea Launch joint venture. In 2015, Mike also led a Kirkland team in a multi-week bench trial seeking to hold two Delaware corporate subsidiaries of Energia, Energia  Limited United States and Energia Overseas LLC, liable as alter egos for the $300 million judgment awarded against the Russian company Energia. Following the bench trial on this equitable claim, the federal district court issued findings of fact and conclusions of law ruling that the Subsidiaries were liable as alter egos and rejecting the many affirmative defenses asserted. Mike was recognized by American Lawyer as Transatlantic Litigator of the year in 2016 for his work on these cases.

• Jeld-Wen Inc. v. AGC America, Inc., Guardian Industries Corporation, Pilkington North America, Inc., and PPG Industries, Inc. In 2016, Mike represented Guardian Industries in an antitrust case brought in federal district court in Oregon in defense of allegations of a price fixing conspiracy in the flat glass industry. The case settled just prior to trial following rulings on various evidentiary motions.

• In re National Football League's Sunday Ticket Antitrust Litigation. Currently represents DIRECTV, Inc. in Multi District Litigation antitrust action brought against various defendants relating to NFL television programming agreements.

• DIRECTV, Inc. v. Pegasus, Inc. Mike served as lead trial counsel in successfully prosecuting breach of contract claims, leading to a jury verdict in federal court in California for DIRECTV. After a judgment in the amount of $62.6 million was entered for Mike’s client, the case was featured as one of the top ten plaintiff’s verdicts in the Daily Journal article “Taste of Success.” Moreover, during that trial, Mike succeeded in defending against fraud counterclaims by convincing the judge to rule on those claims before they would have been submitted to the jury.

Copyright/Trademark

• Wayne Berry v. Hawaiian Express Inc., et. al. Mike was brought in as lead trial counsel in the damages phase of a copyright infringement case in Hawaii federal court following an adverse ruling on liability. Plaintiff sought in excess of $55 million in damages, but the jury awarded less than $60,000. The Magistrate Judge then awarded attorneys fees to Mike’s client as the prevailing party. Judge William H. Pauley III granted the motions following briefing and extensive argument. Mike also successfully argued appeals related to this case in the Ninth Circuit.

• Wayne Berry. v. Deutsche Bank, NA, JP Morgan Chase, et. al. Mike obtained summary judgment and dismissal of all claims made against clients Deutsche Bank, N.A., J.P. Morgan Chase, Post Confirmation Trust of Fleming Companies and Robert Kors on claims of contributory and vicarious copyright infringement, unjust enrichment, breach of contract and RICO brought in the Southern District of New York.