Mike Warnecke handles corporate crises and high stakes litigation. He has guided Fortune 500 companies and their executives through parallel white collar criminal investigations and prosecutions, civil government investigations, internal investigations, and related “bet the company” civil litigation. He has counseled clients through matters involving antitrust compliance, environmental reporting, government contracting, healthcare reimbursement, and securities regulation. Mr. Warnecke has also litigated a broad range of commercial disputes. Mr. Warnecke is recognized as a leading lawyer by Chambers USA: America’s Leading Lawyers for Business in the area of antitrust, in 2013 and 2014.
Practice & Background
Mr. Warnecke recently represented a major global freight forwarder in multiple government investigations and related civil litigation arising from an industry-wide international antitrust investigation into possible price fixing and other improper collusive activity. The investigation began with a dawn raid by the Antitrust Division of the United States Department of Justice to execute a search warrant and a simultaneous inspection by the European Commission. The investigation then expanded to include investigations by antitrust regulators in Brazil, Canada, Japan, New Zealand, Singapore, and Switzerland. Following announcement of the government investigations, a purported civil class action lawsuit was filed in New York against more than fifty industry players alleging antitrust class action damages. Mr. Warnecke has assisted the company in all aspects of the investigation and related civil litigation.
Mr. Warnecke also recently defended a leading telecommunication services company in merger challenges filed by two of its competitors against its proposed acquisition of another major wireless service provider. He also counseled this client in related pre-merger integration planning and antitrust compliance.
Mr. Warnecke has also counseled companies on other antitrust compliance issues in the non-litigation context, including joint venture and strategic alliance formation and operation.
Mr. Warnecke is a co-author of State Antitrust Practice and Statutes, Ch. 48 (Texas), ABA Section of Antitrust Law (4th ed. 2009).
Mr. Warnecke is well-versed in electronic discovery and information management issues and often counsels clients on such matters. He is an active member of The Sedona Conference, the nation's premier ediscovery think tank, and is a Senior Editor of the The Sedona Conference Cooperation Guidance for Litigators & In-House Counsel (2011).
In addition to the matters listed above, Mr. Warnecke’s other criminal and quasi-criminal matters include:
- representing a global transportation company involved in a parallel federal criminal investigation, government contractor suspension proceeding, and a civil qui tam action regarding transactions in the Iraqi theater
- representing U.S.-based sales executive of an Italian company in a DOJ criminal antitrust investigation relating to antitrust violations in the marine hose industry
- representing a manufacturing company in a federal criminal investigation of antitrust allegations about the company's distribution network and pricing practices
- representing a major energy company in connection with civil and criminal investigations into gas trader manipulation of price settlement reporting
- representing an executive in a federal criminal investigation of allegations of bank and securities fraud concerning the company's sales practices
- representing a corporate manager in the first federal criminal prosecution under the Clean Air Act in Texas, which involved environmental regulatory violations, conspiracy charges, and false statement charges
- representing a global oil company in a federal criminal investigation of environmental compliance and reporting issues
- representing an environmental testing company executive in a federal criminal investigation of alleged fictitious test results
- representing a manufacturing company under state indictment for environmental violations
- defending a healthcare company against civil RICO, conspiracy, and antitrust claims in litigation that was part of multiple parallel proceedings generated by nationwide FBI and state attorneys general investigations of the company
In addition to the matters listed above, Mr. Warnecke’s other general civil and business litigation matters include:
- representing the owner of a national healthcare provider in connection with parallel government investigations, a bankruptcy proceeding, three separate state court lawsuits, and an arbitration proceeding involving claims of breach of contract, fraud, and RICO
- representing healthcare providers in arbitrations against HMOs involving claims of breach of contract, fraud and RICO
- representing a government contractor executive in litigation arising from insurgent attacks in Iraq
- representing an executive in connection with federal contempt proceedings arising out of an IRS tax investigation into offshore accounts
- representing a global manufacturing and service company in connection with a federal securities fraud class action lawsuit
- representing an executive in an SEC investigation of income recognition issues
- defending a high tech company in an SEC investigation and two separate shareholder class action suits regarding revenue recognition and other securities issues
- representing both plaintiffs and defendants in numerous business litigation lawsuits involving, for example, breach of contract, breach of fiduciary duty, theft of trade secrets, deceptive trade practices, fraud, and RICO
Mr. Warnecke is heavily involved in community, civic and charitable activities including:
- President, St. Mark’s School of Texas Alumni Association 2009-11
- Board of Trustees, St. Mark’s School of Texas
- member of The Sedona Conference
- member of the American Bar Association Sections of Antitrust, Litigation, and Criminal Justice
- fellow of the Texas Bar Foundation