Mike Bruyere is a litigator and has significant experience in complex, multi-state defense of clients faced with class action litigation. Mike has utilized his engineering background and legal training in class action lawsuits during his representation of some of the world’s leading businesses. Mike is currently the Partner-in-Charge of the firm’s Atlanta Litigation department.
Mike also has extensive experience pertaining to the representation of institutional trustees faced with significant fiduciary litigation, trade secret disputes and employment restrictive covenants in the technology industry, power plant construction, fiber optic cable construction and installation, securities litigation, professional liability, “big tobacco,” product liability, toxic torts, false advertising claims under the Lanham Act, public contract bid disputes, and administrative challenges to government agency rulings.
Mike’s other litigation experience includes health care-related actions, including the defense of health care organizations in government False Claims Act investigations and qui tam lawsuits. His experience includes advising health system networks, hospitals, long-term care providers, home health agencies, pharmacies, infusion care centers, and hospice care providers in Medicare regulatory compliance and litigation matters. Mike has worked with members of the health care industry in the identification and correction of noncompliant billing practices, internal investigations of potential fraud, voluntary disclosures of receipt of overpayments, and repayments of Medicare funds. In addition, Mike represented providers that were targeted in the Department of Justice’s national pneumonia upcoding initiative. Mike has given presentations to health care and insurance industry representatives regarding defense strategies for dealing with class action litigation.
Mike’s practice includes an extensive range of insurance coverage matters and claims-handling for primary and excess carriers in the domestic and London markets. Mike has represented insurance companies and syndicates in sophisticated coverage disputes with particular emphasis on the emerging life sciences area, and he has acted as defense counsel and monitoring for major actions against insureds.
Mike has written a law review article on the constitutionality of mandatory HIV testing that was cited in the “Worth Reading” section of the National Law Journal. Mike is a co-author of the Florida chapter of West’s 50-State Products Liability Guide. Mike is a contributing author to the Firm’s litigation newsletter Class Notes, and he has been quoted in publications such as American Lawyer Magazine, Daily Business Review, and Insurance and Technology Magazine.
Prior to practicing law, Mike served in the army as a Field Artillery Officer. During his service, Mike was an honor graduate of the U.S. Army’s Ranger School and Airborne School. He holds a private pilot’s license.
Indicative of his experience are the following cases:
- Representation of a leading international manufacturer of automobiles in national class action claims arising from the alleged malfunctioning of computer modules. Lawsuit ended when plaintiffs dropped the case after discovery and before class certification had been ruled upon;
- Representation of a PVC manufacturer in toxic tort class action arising from alleged personal injuries associated with the manufacturer and use of products containing certain toxic resins. Case resolved in favor of the defendants during motion to dismiss phase;
- Representation of a synthetic stucco manufacturer in national class action brought about by a putative class of homeowners in multi-district litigation. Case resolved by settlement on terms favorable to manufacturer prior to trial;
- Representation of one of the oldest and most prestigious law firms in the nation in a class action based on claims of securities fraud and legal malpractice. Case was resolved prior to ruling on class certification with client contributing substantially less to the settlement fund than the other four major, “deep pocket” defendants. Circumstances surrounding the litigation were the subject of a segment on the NBC news television program Dateline;
- Representation of leading international restaurant chain in a putative national class action regarding the content of certain food products. The plaintiffs abandoned their claims prior to the conclusion of discovery and before class certification had been ruled upon;
- Representation of industry leading tobacco manufacturer in numerous class action and individual lawsuits. Vast majority of lawsuits were resolved in favor of the manufacturer prior to trial or by appeal;
- Representation of a consumer products manufacturer in toxic tort class action arising from alleged underground water contamination. The court dismissed the lawsuit prior to class certification. The circumstances surrounding the plaintiffs’ allegation were the subject of a segment on the CBS news television program “60 Minutes”;
- Representation of health care providers and networks in class actions based on claims of fraudulent billing or coding practices. Majority of cases resolved prior to ruling on class certification;
- Representation of national consumer mortgage company in class action based on claims of predatory and discriminatory lending practices. Class certification was denied, and plaintiffs abandoned the lawsuit;
- Representation of fiduciaries in matters regarding trust administration, asset investment and diversification, conflicts of interests, trustee removal, and breaches of various fiduciary duties; and
- Representation of an ERISA Plan and its Trustee in the successful recovery of millions of dollars of pilfered funds, plus all attorney fees.
Articles
- Co-Author, “Mandatory Arbitration Provisions: A Powerful Tool to Prevent Contentious and Costly Trust Litigation, But Are They Enforceable?" American Bar Association, Real Property, Probate, and Trust Journal (September 2007)
- Co-Author, “Failure to Insure Assets: The Coming Storm Surge of Fiduciary Litigation,” Fiduciary & Investment Risk Management Association Quarterly Magazine, Winter 2006
- Co-Author, “Storm Surge: First Katrina, the hurricane; soon—the hurricane of litigation against fiduciaries for failing to adequately insure trust assets destroyed by Katrina,” Trusts & Estates Magazine (January 2006)
- United States Military Academy, West Point, B.S. Engineering, 1981
- Boston University, M.B.A., 1989
- Florida State University, J.D., 1992, with high honors, Executive Editor, Law Review
- Florida, 1992
- Georgia, 1997
- U.S. Court of Appeals (11th Circuit), 1992
- U.S. District Court, N.D. Florida, 1992
- U.S. District Court, M.D. Florida, 1992
- U.S. District Court, S.D. Florida, 1995
- U.S. District Court, N.D. Georgia, 1998
- U.S. District Court, M.D. Georgia, 1998
- U.S. District Court, Colorado, 1999
- U.S. Court of Appeals (7th Circuit)
- U.S. Supreme Court, 1998
- The Florida Bar, Trial Lawyers Section
- West Point Society of Atlanta
- American Bar Association, Litigation, Torts and Insurance Practice, and Fidelity and Surety Law Section, and Real Property, Probate and Trust Law Section
- State Bar of Georgia, Trial Lawyers Section
- United States Supreme Court Historical Society
- Covenant Counseling Family Resource Center, Former Board of Directors and Executive Committee Member
- Caribbean Conservation Corporation, Board of Directors
- Chamber of Commerce, Gwinnett County, Georgia
- Fiduciary and Investment Risk Management Association
