Michael Bennett focuses on complex business disputes, primarily counseling clients in the oil and gas, petrochemical and pharmaceutical industries. He has significant experience working with companies on a broad range of disputes and investigations involving joint operating agreements, joint venture agreements, service and supply agreements, foreign agency agreements, and employee retirement and welfare benefit plans, including ERISA-governed and non-ERISA-governed international plans. Mike has handled several cases involving investments by private equity firms and overseas investors in the oil and gas industry.
In addition, Mike has experience representing energy sector clients in internal and governmental agency investigations involving alleged accounting fraud, embezzlement and Foreign Corrupt Practices Act violations, ERISA violations and related civil litigation. He has defended energy, chemical and pharmaceutical companies in environmental mass tort and product liability cases.
Prior to joining Eversheds Sutherland, Mike’s ERISA and employee benefits litigation experience includes the defense of termination of employer-sponsored benefit plans and the defense of self-funded employer plans against claims by medical providers.
Mike actively participated in the trial and appeal of two presidential election contests, Harry Jacobs, et al. v. Seminole County Canvassing Board, et al. and Ronald Taylor, et al. v. Martin County Canvassing Board, et al., as counsel for President George W. Bush and Vice President Richard Cheney.
Mike has tried numerous cases to jury verdicts and has represented clients before state and federal courts and various arbitration tribunals.
Experience
Energy disputes
Represented an investor in a lawsuit against a joint venture partner over a multimillion-dollar investment in oil and gas properties in Texas shale plays.
Represented the working interest and overriding royalty interest owner in a dispute with an operator under a joint operating agreement and related agreements concerning an offshore prospect in the Gulf of Mexico.
Advised an exploration and production company in connection with litigation risks under a joint operating agreement, amendments and related agreements for the development of a Gulf of Mexico prospect.
Defended an oilfield service company in lawsuits related to executive compensation and bonus plans.
Defended an oilfield service company in a lawsuit over the alleged breach of an agency agreement.
Defended an offshore drilling contractor in a lawsuit over the alleged breach of an agency agreement.
Represented an exploration and production company in a dispute over the exercise of a force majeure clause in a drilling contract with an offshore drilling contractor.
Represented a Middle East-based contractor in a dispute with a US services company over breach of a subcontract and services agreement.
ERISA and employee benefits matters
Defended Fortune 500 companies in class action employer stock-drop lawsuits alleging that retirement plan fiduciaries breached fiduciary duties by failing to divest funds composed of securities of former parent companies.
Defended a Fortune 500 company in a multi-week arbitration concerning termination of a supplemental retirement plan for international expatriate employees.
Represented a Fortune 500 company in a class action lawsuit challenging partial termination of and modifications to welfare benefit plans.
Represented Fortune 500 companies in internal investigations involving allegations of breach of fiduciary duty related to pension plans.
Represents multiple clients in disputes with medical providers.
Represented clients in numerous suits alleging improper termination of medical and disability benefits.
Represented employer-sponsored self-funded benefit plans of Fortune 500 companies in disputes with medical service providers involving unresolved issues related to the scope of ERISA preemption.
Private equity
Defended a private equity firm in a lawsuit by the operator of an oil and gas prospect alleging breach of obligation under joint operating and exploration agreements.
Represented a private equity firm in the resolution of a dispute over the breach of a non-compete agreement by the former owner of a portfolio oilfield services company.
Defended a private equity firm in a lawsuit by the former owner of a portfolio energy company involving alleged fraud in connection with the sale of the former owner’s interest in the company.
Investigations and investigation-related litigation
Represented the audit committee of an oilfield service company in an investigation to evaluate the extent of employee participation in a multimillion-dollar theft by a company officer.
Defended an oilfield services company in a lawsuit brought by an FCPA whistleblower.
Product liability litigation
Defended a group of petrochemical and agricultural chemical companies in a mass tort lawsuit alleging injuries from exposure to technical-grade pesticides.
Defended product liability lawsuits involving a consumer product of a motor oil and consumer products company.
Pharmaceutical industry
Provided multistate defense of personal injury claims involving antipsychotic medication.
Provided multistate defense of personal injury claims involving anti-inflammatory medication.
Defended a pharmaceutical company in a consumer class action under a state consumer protection statute involving anti-inflammatory medication.
Defended multiple state and class actions involving RICO and antitrust claims concerning marketing of thyroid medication.
Other complex business litigation
Provided defense through trial and arbitration, respectively, of two “Sabine Pilot” wrongful termination cases involving allegations of accounting fraud.
Presentations
Benefits Litigation Review (February 2018)
Dallas Bar Association
Partner Michael Bennett presents Benefits Litigation Review at the Dallas Bar Association Employee Benefits & Compensation Committee meeting in February 2018.
Hot Topics in Health and Welfare Plan Litigation (January 1, 2017)
American Bar Association
Partner Michael Bennett presents on the Hot Topics in Health and Welfare Plan Litigation panel at the American Bar Association's Section of Taxation 2017 Midyear Meeting in January 2017.
Benefits Litigation Review (January 2017)
Dallas Bar Association
Partner Michael Bennett presents Benefits Litigation Review at the Dallas Bar Association Employee Benefits & Compensation Committee meeting in January 2017.
Benefits Litigation Review (January 2016)
Dallas Bar Association
Partner Michael Bennett presents Benefits Litigation Review at the Dallas Bar Association Employee Benefits & Compensation Committee meeting in January 2016.
Medical Provider Litigation Explosion (November 2015)
SouthWest Benefits Association Compliance Conference
Partner Michael Bennett presents Medical Provider Litigation Explosion at the SouthWest Benefit Association’s 26th Annual Benefits Compliance Conference on November 13, 2015, in Dallas, Texas.
4th Oilfield Services Law Conference (October 9, 2014)
4th Oilfield Services Law Conference
Partner Michael Bennett co-chaired the 4th Oilfield Services Law Conference in Houston, Texas.
3rd Oilfield Services Law Conference (October 7, 2013)
The Center for American and International Law
Partner Michael Bennett co-chaired the 3rd Oilfield Services Law Conference.
News
In the News
Wake up Call: New Hire (January 9, 2019)
Big Law Business
Michael Bennett is featured in this Big Law Business article for joining Eversheds Sutherland’s Litigation Practice Group as a Partner in the Houston office. Michael's practice will focus on energy ...
Eversheds Sutherland Grabs Energy Litigator From Baker Botts in Houston (January 7, 2019)
Texas Lawyer
Michael Bennett has joined Eversheds Sutherland’s Litigation Practice Group as partner in the Houston office. Michael is a commercial litigator who represents energy sector clients.
Press Releases
Eversheds Sutherland Welcomes Commercial Disputes Litigator Michael Bennett (January 8, 2019)
Eversheds Sutherland is pleased to announce that Michael B. Bennett has joined the Litigation Practice Group as a partner in the Houston office expanding the commercial disputes practice with a focus ...
