Lawyers
Michelle A. Rice
A founding partner at Kaplan Rice LLP, Michelle A. Rice has more than three decades of experience trying cases and representing clients in a broad array of complex civil and criminal matters and business disputes. Ms. Rice has handled cases in federal and state courts throughout the United States involving securities, contracts, insurance, real estate, accounting, taxation, defamation, fraud and other business tort issues. Ms. Rice also has argued before numerous state and federal appellate courts and administrative tribunals, including the Court of Appeals in New York and plenary and en banc proceedings in the Ninth Circuit.
Known for her indefatigable advocacy and insight, Ms. Rice has prevailed a number of cases and has been able to hasten the resolution of intractable disputes, largely as a result of her skills as a cross-examiner. As an arbitrator wrote in a decision awarding Ms. Rice's client nearly $50 million in damages: "[The expert witness] had a bad afternoon on cross-examination." The arbitrator further commented: "In many years of arbitration I have never seen a complex case more expertly presented."
Ms. Rice has considerable experience in alternative dispute resolution, having represented parties in ad hoc and institutional arbitration proceedings conducted under the auspices of the American Arbitration Association, FINRA and the International Chamber of Commerce, and having successfully mediated a number of business disputes before JAMS on behalf of her clients.
In 1992, Ms. Rice served as Associate Counsel to the Temporary Special Independent Counsel Peter E. Fleming Jr. in the United States Senate investigation of the unauthorized disclosure of the confidential affidavit of Anita Hill in connection with the nomination of Clarence Thomas to the Supreme Court.
Select civil representations include:
- Trial counsel in a trade name and trademark infringement, unfair competition and misappropriation dispute, obtaining an injunction and restraint of the defendants’ competitive businesses;
- Trial counsel in a Delaware Chancery Court books and records case, which resulted in a ruling that the LLC had been used by the managing member as a vehicle to perpetrate fraud upon its members;
- Trial counsel in an international arbitration involving a contract dispute over franchise rights in the Middle East, which resulted in a dismissal of the claims against her client and a $48 million damage award on her client's counterclaims;
- Trial counsel in an insurance coverage ad hoc international arbitration;
- Representing a Panamanian commercial bank in various proceedings, including Chapter 11 proceedings in New York and New Jersey, relating to an international forfaiting transaction;
- Representing joint official liquidators of a Cayman Island investment fund, including pursuing recoveries against the perpetrators of a fraudulent scheme, and participaint in related bankruptcy proceedings;
- Representing directors and officers of Sears subsidiaries in the Sears Bankruptcy;
- Representing 26 U.S. pension plans in a multi-district litigation brought by the Danish tax authority relating to tax refunds issued as a result of dividend arbitrage trading;
- Representing special committee directors in Delaware Chancery Court and New York Supreme Court investor class actions related to a going private transaction, which resulted in a favorable settlement;
- Representing an AmLaw100 law firm against malpractice claims, which resulted in a nominal settlement of less than 1% of the damages sought;
- Representing an AmLaw200 law firm against malpractice, fraud and breach of fiduciary duty claims, obtaining a dismissal of the claims on summary judgment;
- Representing a parking garage and its owner in a foreclosure proceeding, which resulted in a restructuring of the mortgage and note on extremely favorable terms;
- Representing a hedge fund portfolio company and its directors in a multi-million dollar breach of contract action, which resulted in a nuisance settlement;
- Obtaining an unprecedented preliminary injunction restraining a leading investment bank from providing investment advisory services to a commercial bank that was seeking to acquire Ms. Rice's client in a hostile tender offer;
- Representing a private placement agent in a breach of contract and fraud action, successfully obtaining the recovery of the finder's fees owed to the client; and
- Representing a high net worth individual in a matrimonial proceeding in which his wife unsuccessfully sought to invalidate their prenuptial agreement.
Select regulatory and criminal representations include:
- Representing an employee witness in an investigation conducted by the U.S. Attorney’s Office in the Southern District of New York, which resulted in the non-prosecution of the company employer;
- Representing the subject of an investigation conducted by the Securities and Exchange Commission Office of Inspector General;
- Representing Madoff net winners in SEC and civil proceedings seeking to claw back investment proceeds;
- Representing a chief executive officer in an SEC enforcement trial and parallel criminal investigation in the Central District of California (and related civil class actions and private arbitrations);
- Representing a hedge fund in an SEC market manipulation investigation;
- Representing the executive chairman of a multinational company in a Foreign Corrupt Practices Act investigation conducted by the Department of Justice;
- Representing a chief executive in an oil and gas tax shelter investigation conducted by the U.S. Attorney’s Office in the Southern District of New York;
- Representing an employee in a joint investigation conducted by the U.S. Attorney's Office in the District of New Jersey and the United States Department of Health and Human Services Office of Inspector General concerning fraudulent billings to government healthcare programs; and
- Representing a prominent art gallery in a "use" tax investigation conducted by the District Attorney's Office in Manhattan.
Ms. Rice was born in Chicago, Illinois.
