Eric H. MacMichael
Partner

emacmichael@kvn.com
Tel. (415) 773-6624

Education

UC Berkeley School of Law, J.D., 2003

University of California, San Diego, B.A., magna cum laude, 1999

Clerkships

Hon. Samuel Conti
U.S. District Court, Northern District of California, 2003-2004

Bar Admissions

California

Eric H. MacMichael

Eric MacMichael represents businesses and individuals in white collar criminal matters, and complex civil litigation. Mr. MacMichael has represented large corporations, and executives of publicly traded companies in federal courts and before the Securities and Exchange Commission.

His recent cases include representing a prominent Silicon Valley venture capitalist accused of securities fraud, an executive accused of criminal stock options backdating, as well as individuals accused of insider trading and tax crimes.

Mr. MacMichael also maintains an active pro bono practice representing individuals in criminal matters in state and federal court.

Cases of Note

AUL Corporation v. Executives: We represented three individuals in a breach of contract and California corporations code action relating to terms of an investment contract. We settled favorably on the eve of trial.

Caramad Conley v. State of California: In this pro bono case, we overturned the unconstitutional murder conviction of Caramad Conley, wrongly imprisoned for 18 years. We uncovered prosecutorial misconduct during discovery, as well as undisclosed payments to a key prosecution witness by the San Francisco police and prosecutors. We used this evidence to convince California Superior Court Judge Marla Miller to issue a writ of habeas corpus, vacating the conviction.

Rembrandt Technologies, Inc. v. Comcast Cable Communications, LLC: We won a complete victory for Comcast Cable Communications, LLC in a patent infringement case involving high-speed Internet and digital TV services. Rembrandt Technologies, Inc. originally filed the case in the Eastern District of Texas, but in conjunction with other co-defendants, we obtained consolidation and transfer to the District of Delaware. Following completion of discovery, claim construction, and summary judgment briefing, Rembrandt dropped eight patents altogether, and conceding non-infringement of the ninth, preserved only its appeal rights as to that patent.

Awards and Honors

  • California Lawyer of the Year, California Lawyer, 2012
  • Order of the Coif, UC Berkeley School of Law , 2003
  • Prosser Award in California Marital Property, 2003
  • Prosser Award in Contracts, 2000
  • Certificate in Law and Technology from the Berkeley Law and Technology Program

Professional Affiliations

  • Co-Chair of the ABA International Criminal Litigation Subcommittee
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