Michael Hood is a partner in the Business Litigation Section of Haynes and Boone, LLP. For more than 20 years, Michael has counseled clients in litigation and dispute resolution.
Michael differentiates himself as a trial lawyer with a business person's perspective. He is known for smart, creative and practical advice, garnered from his years of experience. Michael advises clients on litigation prevention, dispute resolution and trial/arbitration strategy. He is detail-oriented, but does not lose sight of the "big picture." He is a passionate and tenacious advocate, tempered by the ability to work cooperatively with others to reach resolutions that are in his clients' best interests.
Michael is a steward of his clients' matters and remains mindful that the costs of his services must reflect the benefit. There are times when a dispute might be resolved with as little as a phone call, and there are times when a dispute can only be resolved after a trial or arbitration hearing. Many times the dispute gets resolved somewhere in between. Whatever the scenario, clients trust Michael to advise them about their disputes and articulate effective strategies while taking into account their business interests and cost containment.
While Michael has navigated a diverse range of matters, he is particularly experienced in the niche areas of healthcare, privacy of records/HIPAA, construction, real estate/landlord tenant, UCC Article 2, business torts and creditor's rights and remedies.
Michael received his J.D. from Southern Methodist University Dedman School of Law, where he was named to the Law Review. He received his B.A. from Stanford University. Between college and law school, he was a Professor of English at the Universitas Padjadjaran, Bandung, Indonesia. Michael is AV® Peer Review Rated Preeminent by Martindale-Hubbell® Law Directory.
Selected Client Representations
- Defended a steel bolt fabricator in state court against claims by two construction workers who alleged that bolts were defective and caused personal injuries. The plaintiffs dismissed their claims after an expert report and summary judgment filings.
- Represented a steel fabricator/erector as plaintiff in two federal court Miller Act lawsuits and an AAA arbitration against surety, general contractor and related parties for damages arising out of two military housing privatization projects. Negotiated recovery from surety on the payment bond claims and obtained an arbitration award against general contractor, which resulted in a favorable settlement of the two federal court lawsuits against related parties. Successfully recovered approximately $4 million in damages on behalf of client.
- Represented a metal building supplier as plaintiff in a federal court lawsuit against general contractor who withheld final payment. Negotiated favorable settlement of lawsuit.
- Defended building owners in several state court cases against subcontractors who filed mechanic's liens arising from construction work performed for a tenant, resulting in summary judgment invalidating the liens and obtained an award of attorneys' fees.
- Represented a general contractor relating to construction disputes in federal and state courts, including against owner in a dispute over pricing, and against subcontractor in a dispute over withholds.
- Defended specialty contractor in various state court lawsuits, including defense of claims relating to defective work, wrongful withhold to subcontractor, and personal injury claims.
- Represented a payor in federal court relating to a healthcare insurance dispute in which the payor claimed that a provider of hyperbaric treatment centers charged in excess of UCR. Negotiated a settlement pursuant to which the parties continued their business relationship.
- Defended Texas 501(a) nonprofit against claims of wrongful termination of employee physicians. In one AAA arbitration, obtained on behalf of the 501(a) an award rejecting former physician employee's $4.9 million claim for breach of contract and wrongful termination, and obtained award of attorneys' fees. The arbitration award was confirmed by the state court.
- Represented hospitals as claimants in AHLA and AAA arbitrations relating to claims against health insurers for breach of the terms of their managed care or provider contracts.
- Represented a hospital as plaintiff in an arbitration against health insurer relating to claims for failure to incent members to use in-network provider, wrongfully permitting a silent PPO to access discounted rates and underpayment of claims. Negotiated a favorable settlement with insurer following the conclusion of the arbitration hearing.
- Represented hospitals as claimants in AHLA arbitrations relating to claims for breach of physician recruiting agreements, resulting in awards for reimbursement of income guarantee and attorneys' fees.
- Represented a hospital as plaintiff in federal court ERISA lawsuit against employer health plan and health insurer relating to claims for wrongful denial of COBRA benefits to a former employee. Negotiated a favorable settlement during summary judgment proceedings.
- Defended a medical clinic in a state court lawsuit filed by a patient alleging sexual assault by one of the clinic's physicians. Obtained dismissal of most of plaintiff's claims and an award of attorneys' fees.
- Defended physicians in state court litigation against their former management company relating to allegations of breach of management agreement and employment agreement.
- Defended physicians and a home healthcare agency in state court against allegations of breach of covenant not to compete.
Privacy of Records/HIPAA Disputes
- Represented hospitals in actions to quash subpoenas for medical records that do not comply with HIPAA.
Real Estate/Landlord/Tenant Disputes
- On behalf of landlord, obtained unanimous jury verdict that tenant breached lease and landlord was entitled to lockout and repossession.
- Represented national medical office building holding company in their landlord/tenant disputes, including disputes involving tenants who defaulted on payment of rent and operating expenses.
- Represented telecommunications tenant as plaintiff in state court to obtain a temporary restraining order against landlord who refused to permit tenant to access premises.
- Defended landlord in state court lawsuit filed by tenant. Obtained summary judgment dismissing tenant's claim that it could withhold future rent due current owner relating to allegations that prior owner breached the lease.
- On behalf of tenant, obtained temporary injunction order in state court enjoining landlord from demanding payment of rent before owner completed finish out.
UCC Article 2/Creditor's Rights and Remedies
- Represented Fortune 500 company as plaintiff in various federal and state court actions and arbitrations against customers relating to breach of purchase orders to buy steel products following rapid decline in steel prices in late 2008.
- Represented clients in creditor's rights litigation, including temporary restraining orders, garnishment, writ of attachment and turnover proceedings.
- Defended a Brazilian transport company in federal court in Houston in which plaintiff alleged underpayment on a contract. Obtained a favorable settlement after making offer of judgment.
- Defended a Costa Rican distribution company and a Nicaraguan distribution company in federal court in Mississippi against claims by one of the world's largest food manufacturers of breach of contract and trademark violations. Obtained the dismissal of the lawsuit based on a lack of personal jurisdiction.
Contract and Business Disputes
- Defended Fortune 500 client in state court and obtained a judgment rescinding a settlement agreement on the basis of mutual mistake, which was affirmed by the Texas Supreme Court.
- Defended telecommunications company in arbitration against a former officer's claims of wrongful termination.
- Defended airline carrier in federal court against the Department of Labor relating to Service Contract Act issues.
- Represented attorneys in disputes relating to dissolution of their law firms.
- Represented Louisiana auto floor financing company as plaintiff in a federal court against an auto auction relating to RICO and conspiracy claims. Negotiated a favorable settlement.
Selected Publications and Speeches
- "The Litigation Landscape Regarding Out-Of-Network Reimbursement Based on 'Usual, Customary and Reasonable' Rates," American Conference Institute Advanced Forum on Managed Care Disputes and Litigation, May 2011 (Philadelphia).
- "AIA Contracts: Common Disputes and Remedies," June 2010 (Fort Worth) and September 2010 (Dallas).
- "Perfecting a Private Lien of Bond Claim: Construction Lien Law in Texas," April 2010 (Dallas).
- "Behind the UCR Curtain: Looking for Transparency in Insurance Reimbursement," Reproduced with permission from Headnotes, a publication of the Dallas Bar Association, March 2009, Vol. 33, No. 3.
- "Texas Supreme Court Rules that Hospitals May Pursue Their Lawsuit Against a Medicare Advantage Organization Without First Exhausting Medicare Administrative Remedies," Reproduced with permission from Health Law Litigation, a publication of the Committee on Health Law Litigation, American Bar Association Section of Litigation, Winter, 2008, Vol. 7, No. 2.
- "Assignment of Benefits Statutes and ERISA Preemption," August 2006.
- "Fundamental of Construction Contracts in Texas: Understanding the Issues," February 2005.
- "Managed Care Litigation," November 2002.
- "Texas Collection Law for the Health Care Industry," July 2001.
Selected Representative Experience
Representation of Large Estate Seeking to Recover Financial Investments
Represented a large personal estate seeking to recover millions of dollars from bankrupt debtors. Assisted with international procedural matters including service of process on entities in Amsterdam and Costa Rica.
Obtain U.S. Judgment in Connection with Ethanol Project
Advised a Latin American national oil company in obtaining a U.S. judgment in connection with the default on a loan extended to an ethanol developer based in the U.S.
Pococi Correctional Facility
Advised a U.S. architectural firm in connection with the termination by the Costa Rican government on a public bid for a public-private partnership for the Pococi Correctional Facility in Costa Rica and related litigation.
ITL Int’l, Inc. v. Café Soluble, S.A. (5th Cir. 2012)
An American manufacturer sued an international firm client in district court in Mississippi, seeking a declaratory judgment that the parties’ distribution agreement had terminated, and an anti-suit injunction to prevent our client from suing the manufacturer in Latin America. Persuaded the Fifth Circuit to affirm the dismissal of the case on jurisdictional grounds.
Mars Inc., v. Constenla, S.A., 669 F.3d 493 (5th Cir. 2012)
In a case involving jurisdictional issues as to whether an American manufacturer can sue a foreign distributor in a U.S. court, persuaded the Fifth Circuit to affirm the dismissal of a lawsuit against a Costa Rican distributor brought by Mars, Inc. seeking damages and a foreign anti-suit injunction.
05/19/2011 - Will Pioneer ACOs Come to the Rescue, or is the Government Rearranging Deck Chairs on the Titanic?
The Centers for Medicare and Medicaid Services (CMS) announced the creation of so-called “Pioneer ACOs” on May 17 in an attempt to blunt heavy criticism over the draft regulations on Accountable Care Organizations (ACOs) issued on March 31, 2011 (the “Draft Regulations”). The Draft Regulations have been criticized due to their burdensome data collection requirements, large start-up costs, uncertain savings, possible losses and troublesome governance mandates.
04/20/2011 - Medicare EHR Incentive Program Starts Attestation Phase: Physicians and Hospitals to Share $27 Billion Beginning May 2011
On April 18, 2011, the Centers for Medicare and Medicaid Services (CMS) began the attestation phase under its $27 billion Medicare EHR Incentive Program. Incentive payments for the meaningful use of electronic health records (EHR) will begin in May 2011 and will continue over the next several years.
04/04/2011 - ACOs Face Large Start-Up Costs, Uncertain Savings and Possible Losses Under Proposed Rules from CMS
Accountable Care Organizations (ACOs) will face large start-up costs under proposed rules issued on March 31, 2011 by the Centers for Medicare and Medicaid Services (CMS), with an uncertain outlook for savings and even possible losses.
03/15/2011 - Office for Civil Rights Announces Fines for Violations of HIPAA Privacy Rule
The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services has recently announced two significant enforcement actions against health care providers for violating the HIPAA Privacy Rule.
04/21/2010 - Perfecting a Private Lien or Bond Claim: Construction Lien Law in Texas
Texas has always had constitutional or statutory provisions permitting unpaid contractors or materialmen to file a lien against the property that their labor or materials have improved. The lien itself is simply a mechanism to ensure contractors and materialmen have a means to secure payment for their work or materials.
03/01/2009 - Behind the UCR Curtain: Looking for Transparency in Insurance Reimbursement
“Charge for procedure exceeds the usual and customary rate.” For many, this is a familiar phrase seen on a health insurer’s explanation of benefits (EOB). For some, it means an unexpected debt they must pay to a physician or hospital for medical procedures or services that they thought were supposed to be fully covered by health insurance.
12/01/2008 - Texas Supreme Court Rules that Hospitals May Pursue their Lawsuit Against a Medicare Advantage Organization without First Exhausting Medicare Administrative Remedies
In Christus Health Gulf Coast et al v. Aetna Inc. et al.,
No. 05-0710 (Tex. Sup. Ct. 8/31/07), the Texas Supreme Court addressed an issue involving a payment dispute over Medicare reimbursements to hospitals.