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Practices

Industries

Education and Clerkships

J.D., Southern Methodist University Dedman School of Law, 1989, Editor, The Journal of Air Law and Commerce, 1987-1989

B.A., Stanford University, 1985

Bar Admissions

Texas

Court Admissions

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Texas

U.S. District Court for the Western District of Texas

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Western District of Oklahoma

U.S. District Court for the Eastern District of Arkansas

U.S. District Court for the Western District of Arkansas

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Federal Claims

Profile

Michael Hood is a partner in the Business Litigation Section of Haynes and Boone, LLP. For more than 25 years, Michael has counseled clients on business dispute resolution, litigation prevention, and trial/arbitration strategy. He is detail-oriented but does not lose sight of the big picture. He is a passionate and tenacious advocate, yet tempered to work cooperatively to reach resolutions that are in his clients' best interests. Michael has experience in court (state and federal. bench and jury trial), and arbitration and mediation.  Clients trust Michael to advise them about their business disputes and articulate effective strategies while taking into account their business interests and cost containment. Michael has navigated a diverse range of matters, though he is particularly experienced in the niche areas of real estate, landlord tenant, construction, UCC Article 2, healthcare, international, business torts, creditor's rights and remedies and privacy of records/HIPAA.

Michael received his J.D. from Southern Methodist University Dedman School of Law, where he was named to 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.

Court Admissions

  • U.S. District Court for the Northern District of Texas 
  • U.S. District Court for the Southern District of Texas 
  • U.S. District Court for the Western District of Texas 
  • U.S. District Court for the Eastern District of Texas 
  • U.S. District Court for the Western District of Oklahoma 
  • U.S. District Court for the Eastern District of Arkansas 
  • U.S. District Court for the Western District of Arkansas 
  • U.S. Court of Appeals for the Fifth Circuit 
  • U.S. Court of Appeals for the Eighth Circuit 
  • U.S. Court of Federal Claims

Selected Client Representations

Real Estate/Landlord Tenant Disputes

  • Represented national healthcare REIT in landlord tenant disputes, such as rent default, property damage, zoning, condemnation, code compliance, tenant bankruptcy and evictions.
  • Represented real estate lender in successful out-of-court work out of over $100 million loan secured by partnership interests in various medical office buildings and clinics.
  • Defended hospital landlord in state court jury trial in which plaintiff tenant alleged more than $7 million in damages.  Case concluded with take nothing judgment in favor of hospital and recovering attorneys’ fees.
  • Represented landlord against tenant relating to exercise of purchase option dispute and valuation of rehab hospital.  Dispute settled on eve of arbitration.  
  • Represented telecommunications tenant as plaintiff in state court and obtained temporary restraining order against landlord who refused to allow access to premises. 
  • Obtained summary judgment in favor of landlord in state court lawsuit in which tenant withheld future rent.
  • On behalf of tenant, obtained temporary injunction order in state court enjoining landlord from demanding payment of rent before it completed finish out.
Construction Disputes

  • Defended steel bolt fabricator in state court against claims by two construction workers who alleged that bolts were defective and caused personal injuries. Plaintiffs dismissed their claims with prejudice after fabricator filed expert report and motion for summary judgment.
  • Represented plaintiff steel fabricator/erector in federal court Miller Act lawsuits and AAA arbitration for damages arising out of military housing privatization projects. Negotiated recovery from surety on payment bond claims and obtained arbitration award against general contractor resulting in recovery for client of approximately $4 million in damages.
  • Represented metal building supplier in various federal court lawsuits against general contractors who withheld final payment. Negotiated favorable settlement of lawsuits.
  • Defended building owner in state court case against subcontractors who filed mechanic's liens arising from construction work performed for tenant resulting in summary judgment invalidating the liens and award of attorneys' fees.
  • Represented 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 federal and state court lawsuits relating to allegations of defective work, wrongful withholds and personal injury.
  • Represented supplier of trusses in state court lawsuit relating to highway construction dispute and allegations of delay damages.
Healthcare Disputes

  • Defended Fortune 100 insurer in various federal court lawsuits in which plaintiff provider asserted claims sounding in ERISA violations and breach of contract for alleged failure to pay member claims, resulting in dismissals or favorable settlements. Successfully defeated provider’s allegations of RICO violations.
  • Represented physician group as plaintiff in federal court lawsuit against payor alleging improper denial or underpayment of claims.
  • Represented payor in federal court relating to dispute in which payor claimed that out-of-network provider of hyperbaric treatment centers charged in excess of UCR.
  • Defended hospital in AAA arbitration against physician employee’s claims of wrongful termination seeking approximately $5 million in damages.  Panel issued take nothing award, confirmed by state court, and awarded attorneys' fees. 
  • Represented payor in various member claim disputes in state and federal court.  
  • Represented Fortune 500 hospital services companies as claimants in AHLA and AAA arbitrations relating to claims against health insurers for breach of the terms of managed care contracts.
  • Represented hospital as plaintiff in AAA 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 favorable settlement with insurer following conclusion of arbitration hearing.
  • Represented Fortune 100 hospital services company as claimant in AHLA arbitrations relating to claims for breach of physician recruiting agreements resulting in awards for reimbursement of income guarantee and attorneys' fees.
  • Represented hospital as plaintiff in federal court ERISA lawsuit against employer health plan and health insurer relating to claims for wrongful denial of COBRA benefits for former employee. Negotiated favorable settlement following summary judgment filings.
  • Defended medical clinic in state court lawsuit filed by a patient alleging sexual assault by one of clinic's physicians. Obtained judgment dismissing most of plaintiff's claims and awarding clinic 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 home healthcare agency in state court against allegations of breach of covenant not to compete.
  • Defended home health agency and its principals in state court suit relating to plaintiff minority shareholder’s allegations of breach of shareholder agreement, breach of fiduciary duty and minority oppression. Negotiated favorable settlement following mediation. 
Privacy of Records/HIPAA Disputes

  • Represented hospitals in actions to quash subpoenas for medical records that do not comply with HIPAA.
UCC Article 2/Creditor's Rights and Remedies

  • Represented Fortune 500 steel company as plaintiff in various federal and state court actions and arbitrations relating to breach of purchase orders to buy steel products following rapid decline in steel prices in late 2008.
  • Represented clients in various creditors’ rights litigation, including temporary restraining orders, garnishment, writ of attachment and turnover proceedings.
International Disputes

  • Represented large personal estate seeking to recover millions of dollars from bankrupt debtor.  Assisted with international procedural matters in the U.S., The Hague, Mexico, Costa Rica and Brazil.
  • Advised Latin American national oil company in obtaining U.S. judgment in connection with the default on a loan extended to an ethanol developer based in the U.S.
  • Defended Brazilian transport company in federal court in which plaintiff alleged underpayment on contract. Obtained favorable settlement after making offer of judgment.
  • Defended Costa Rican and Nicaraguan distribution companies in federal court in Mississippi against allegations by one of the world's largest food manufacturers of breach of contract and trademark violations. Obtained dismissal of the lawsuits based on a lack of personal jurisdiction.
  • Represented Mexican manufacturer as plaintiff in state court lawsuit against U.S. distributor relating to breach of contract and nonpayment.  Following bench trial, court entered judgment awarding plaintiff all damages sought and attorneys’ fees.
Contract and Business Disputes

  • Defended Fortune 1000 greeting card company in state court and obtained 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 former officer's claims of wrongful termination.
  • Defended airline carrier in federal court against Department of Labor relating to Service Contract Act issues.
  • Represented two partners as plaintiffs in state court jury trial against their former law firm for breach of contract and breach of fiduciary duties, which settled following opening arguments, and represented another group of attorneys in out of court work out relating to dissolution of their law firm.
  • Represented Louisiana auto floor financing company as plaintiff in a federal court against an auto auction relating to RICO and conspiracy claims. 

Professional and Community Activities

  • American Bar Association, Litigation and Health Law Sections; Co-Chair, Managed Care Litigation, Health Litigation Committee, Litigation Section, 2008-2010
  • Texas Bar Association, Litigation, Construction and Health Law Sections
  • Dallas Bar Association, Litigation, Construction and Health Law Sections
  • American Health Lawyers Association
  • Greater Dallas Chamber of Commerce; Leadership Dallas Alumni; Graduate of the 2005 Greater Dallas Chamber of Commerce Leadership Class
  • Court appointed special advocate (CASA), advocating for the best interest of abused and neglected children in protective care, to help them find safe, permanent homes
  • Volunteer with UpLift Education, a network serving almost 12,000 scholars on 14 campuses in the DFW region.

Recognition

AV Preeminent® Peer Review Rated

  • Included in the Martindale Hubbell® Law Directory with a Peer Review Rating of AV® Preeminent™.

Selected Publications and Speeches

  • “Protecting Owners Against Lien Affidavits,” Reproduced with permission from Headnotes, a publication of the Dallas Bar Association, January 2014.
  • "Perfecting a Private Lien of Bond Claim: Construction Lien Law in Texas," July 2013, April 2011, April 2010 (Dallas)
  • “Construction Pre-Litigation and Litigation Deadlines,” The University of Texas School of Law 2012 Construction Law Conference, September 2012 (Dallas)
  • “Emerging Issues”, International Association of Privacy Professional (IAPP), Knowledgenet conference August 2011  (Dallas)
  • “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).
  • "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.

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