His professionalism, collegiality and ethics are all above reproach.
—Matt MacLean, partner

Mike Warley is a detailed and thorough litigator who solves complex and technical problems.

Coming from a math and science background, Mike understands the details of a client's business. In addition to complex commercial litigation in a variety of fields, he represents companies in merger clearance reviews and in litigation and counseling in antitrust and consumer protection matters. He has successfully represented clients in the health care, retail and technology industries during premerger clearance investigations and Second Requests under the Hart-Scott-Rodino Act before both the Department of Justice and the Federal Trade Commission, in addition to handling subpoenas and civil investigative demands from both agencies relating to both transactional and conduct-related antitrust and consumer protection concerns. In court and arbitration proceedings, Mike has extensive experience with complex technical material, including damages, business interruption losses, tax liabilities, medical claims, energy forecasting, attorneys’ fees petitions, market share projections and statistical and econometric analysis.

Representative Experience

  • Represented Luxottica, a major optical and eyewear brand, during a vertical merger investigation by the FTC, obtaining unanimous and unconditional clearance for the multibillion-dollar merger agreement with Essilor.
  • Successfully defended major Japanese nuclear energy vendor in ICC Arbitration involving the San Onofre Nuclear Generating Station (SONGS) that stemmed from the claimed failure of certain critical components manufactured and supplied by our clients. After defending against claims exceeding $7 billion, our clients were awarded fees and costs as the "prevailing party" in excess of $58 million.
  • Completely successful defense of the Infectious Diseases Society of America, the preeminent professional society for infectious diseases, in defending their clinical practice guidelines for Lyme disease from antitrust, RICO, misrepresentation, and fraud claims brought by plaintiffs seeking to change the guidelines due to their disagreement with their recommendations. The dismissal of claims was upheld by the Fifth Circuit, affirming the ability of professional medical societies to issue evidence-based medical practice guidelines to assist in patient care and treatment, without being subjected to the chilling effect of potential judicial review.

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  • Represent clients in proceedings regarding the distribution of copyright royalties before the Copyright Royalty Board, including in evidentiary hearings, contesting econometric expert testimony, and on appellate review before the DC Circuit.
  • Complete trial victory, including recovery of attorneys’ fees, to recover disputed tax payments following the sale of client’s business in a $250 million transaction.
  • Obtained complete dismissal of attorneys’ fees claims brought by prevailing parties in environmental litigation in the Central District of California.
  • Represent various government contractors in sub-prime disputes relating to payment adjustments.
  • Represent large employer defending a series of wage and overtime claims, using statistical analysis of time entries and task logs to defend against inflated time claims.
  • Represented Japanese auto parts companies in class action, multidistrict litigation alleging antitrust violations.
  • Defended celebrity chef Geoffrey Zakarian in contract dispute with the Trump Organization following his withdrawal from plans to open a restaurant in the Trump Old Post Office hotel, including drafting motion resulting in deposition of then-presidential candidate Donald Trump.
  • Represented the American Council of the Blind in a discrimination lawsuit against DC-area cab companies. The parties agreed to create an Accessibility Initiative to improve taxicab access for the blind and funded testing to ensure driver compliance.

Professional Highlights

Honors & Awards

  • Super Lawyers, Washington, DC, Rising Star, Antitrust Litigation & General Litigation (2020 – 2023)
  • Recognized by Best Lawyers (published by BL Rankings LLC) Ones to Watch (2023 – 2024)
  • Washington Lawyers’ Committee Outstanding Achievement Award (2016)

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  • Capital Pro Bono High Honor Roll (2014 – 2022)
  • Prior to law school, won several awards leading the University of Maryland Mock Trial team, including a National Championship in 2008.
  • Associations
    • Hispanic Bar Association of DC
    • Hispanic National Bar Association
    • Washington Lawyers’ Committee, Associate Trustee
    • American Bar Association

Education

  • J.D., Georgetown University Law Center, 2014

    B.S., University of Maryland, 2011

Admissions

  • Virginia

    District of Columbia

Courts

  • U.S. Court of Appeals for the District of Columbia Circuit

    U.S. Court of Appeals for the Fifth Circuit

    U.S. Court of Appeals for the Ninth Circuit

    U.S. District Court for the District of Columbia

    U.S. District Court for the Eastern District of Virginia

    U.S. District Court for the Western District of Virginia

    U.S. District Court for the District of Maryland

    U.S. District Court for the Eastern District of Michigan