The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon

Jones Day

Michael Carvin

Tel:
Work 1 202 879 7643
Email:
Web:
www.jonesday.com
Jones Day

Work Department

Issues & Appeals.

Position

Mike Carvin focuses on constitutional, appellate, civil rights, and civil litigation against the federal government. He has argued numerous cases in the United States Supreme Court and in virtually every federal appeals court. These cases include the decisions preventing the Justice Department from obtaining monetary relief against the tobacco industry under RICO, overturning the federal government's plan to statistically adjust the census, limiting the Justice Department's ability to create "majority-minority" districts, and upholding Proposition 209's ban on racial preferences in California. Mike was one of the lead lawyers, and argued before the Florida Supreme Court, on behalf of George W. Bush in the 2000 election Florida recount controversy. He also has represented state governments, financial institutions, telecommunications, and energy companies in "takings," First Amendment, civil rights, and statutory challenges to federal government actions.

Career

Served with the United States Justice Department in the following senior positions: Deputy Assistant Attorney General, Office of Legal Counsel (1987-1988); Deputy Assistant Attorney General, Civil Rights Division (1985-1987); and Special Assistant to Assistant Attorney General, Civil Rights Division (1982-1985).

Education

The George Washington University (J.D. 1982; Law Review); Tulane University (B.A. cum laude 1978).


United States: Dispute resolution

Appellate

Within: Appellate

Jones Day's appellate team 'delivers successful results due to its significant expertise, experience and thorough attention to detail'. Praised by clients as being a 'superb brief writer' and 'always prepared for all potential lines of questioning', Shay Dvoretzky 'handles oral arguments with grace and ease'. At the US Supreme Court, Dvoretzky represented petitioner Merck Sharp & Dohme Corp in a pending case concerning the defense of 'impossibility pre-emption' used by drug manufacturers to preclude liability under state tort law in cases where patients are injured by FDA-approved drugs. Dvoretzky also represented co-respondent Jones Day in a law firm dissolution dispute, in which the California Supreme Court unanimously rejected claims brought by former global law partnership Heller Ehrman. Glen Nager secured a victory for General Electric (GE) in proceedings at the Sixth Circuit brought by GE’s former employees challenging certain amendments in the company’s health benefits program. In a consolidated appeal against the 2015 Declaratory Ruling of the Federal Communications Commission (FCC) at the DC Circuit, the team achieved a victory for a group of companies seeking to strike down the FCC’s expanded definition of 'automatic telephone dialing system' applicable in establishing violations of the Telephone Consumer Protection Act. The Ninth Circuit issued an antitrust judgment in favor of the US Chamber of Commerce, which was represented by a team led by Michael Carvin in appealing against a district court’s decision concerning the City of Seattle’s ordinance authorizing the unionization of for-hire drivers. In a highlight at the First Circuit, Yaakov Roth successfully defended Liberty Cablevision of Puerto Rico against antitrust claims alleging 'sham litigation' distorting competition, brought by petitioner Puerto Rico Telephone Company. The practice group is led by Beth Haifetz and includes, Rajeev Muttreja (New York), David Raimer and Charlotte Taylor, who were recently promoted to partner. Associate Jeffrey Johnson is also noted.

[back to top]


Back to index

Legal Developments by:
Jones Day

  • US rules regarding offshore accounts

    The Hiring Incentives to Restore Employment Act 2010, enacted on 18 March 2010, imposes a new US withholding tax and reporting regime, known as the Foreign Account Tax Compliance Act (FATCA). The FATCA regime applies generally to payments made after 31 December 2012, except on obligations (to be defined in future guidance) outstanding on 18 March 2012. Substantial effort is required by foreign entities to bring their worldwide operations and policies into compliance with the FATCA rules as of the effective date.

    - Jones Day

Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • DO FIDIC RULE APPLY IN CONSTRUCTION CONTRACTS IN UAE?

    Since a very long time, FIDIC (The International Federation of Consulting Engineers) is commonly used a standard for international construction and engineering contracts and is very frequently used in UAE. It mainly governs the construction works within the country and in GCC. 
  • CommuniquĂ© on Equity Crowdfunding Is Officially Published

    By way of background, in January 2019, the Capital Markets Board (“ CMB ”) had issued an announcement on its website on the Draft CommuniquĂ© on Equity Crowdfunding [1] . The CMB has now officially published the CommuniquĂ© on Crowdfunding No. III-35/A (“ CommuniquĂ© ”), on October 3, 2019. The CommuniquĂ© entered into force as of October 3, 2019.
  • Beneficial Ownership Concept new interpretation from the Russian federal tax service

    The recent interpretative letter issued by the Russian Federal Tax Services (“FTS”) on 08th August 2019, has provided further guidance as to the application of the Beneficial Ownership Concept, further to the letter initially provided on the 12th of April 2018 which adopted a strict approach of the concept. 
  • Cyprus and Netherlands Double Tax Treaty Update

    Cyprus has concluded the negotiations for the avoidance of double taxation with the Netherlands. The double tax treaty was agreed at technocratic level in Hague. It is expected to be signed by the end of 2019 or early in 2020.
  • Vacancy - Senior Corporate Lawyer

    The Senior Corporate Lawyer, who will be reporting to Partners, will be working with both the firm’s legal team as well as the financial services team. The successful candidate will be requested to show initiative, take on certain responsibilities within the firm, work in a multinational environment and will immediately be given the opportunity to further advance their career within the law firm.
  • CJEU RULED ON THE APPLICATION OF THE BENEFICIAL OWNERSHIP CONCEPT

    The judgment of the Court of Justice of the European Union (CJEU) on February 26, 2019, in the “Danish Beneficial Ownership Cases”, can be perceived as a landmark on the interpretation of the Beneficial Ownership concept under the Interest and Royalties Directive (IRD) and the Parent-Subsidiary Directive (PSD).
  • Court of Justice rules on source of income for Derivative Residence applications

    On 2 October 2019, the Court of Justice delivered its judgment in Bajratari v Secretary of State for the Home Department (Directive 2004/38/EC) Case C-93/18 which concerns Chen applications and the source of funds for self-sufficiency. 
  • End of the ‘centre of life test’ in Surinder Singh cases?

    In the recent case of  ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan   [2019] UKUT 281 (IAC ), the Upper Tribunal found that there is no basis in EU law for the centre of life test, as set out in Regulation 9(3)(a) of the Immigration (European Economic Area) Regulations 2016 (the “Regulations”). It further found that it is not to be applied when Judges assess  Surinder Singh  cases that appear before them.
  • ITALIAN RULES ON JOINT VENTURES IN PUBLIC PROCUREMENT AND CONCESSIONS

    Italian rules on jointventures concerning public procurement and concession contracts are set out inlight of the European legal framework provided for in Directive 2014/23/EU and 2014/24/EU of the European Parliament and of the Council. The European rules aim to ensurethe best use of public money so that EU citizens benefit from strategicinvestments and services at fair prices. In this context, public procurementand concessions represent key instruments that need to be regulated and standardisedin order to ensure free movement of goods, freedom of establishment and freedomto provide services.
  • Terms of employment as a sole representative

    In this article we examine the working arrangements of sole representatives, looking at the terms and conditions of employment that the Home Office will expect a sole representative to have in order to qualify as a representative of an overseas business.