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Michael K. Gardiner, P.C. LOCATION: New York Mike is an active member of Christ Episcopal Church in Roanoke, Va. Mike has served in various roles with the Virginia Bar Association, including Regional Chair for the Young Lawyers Division, and Chair of the Model Judiciary Program where high school students from across Virginia try mock cases before real judges, including Virginia Supreme Court Justices. Michael represented the CFO of a high-tech company for alleged unlawful backdating of stock options for hundreds of employees. He advises companies on a wide variety of topics including health care compliance, advertising and promotion review, FDA -regulatory, -quality, and -clinical matters . "It appears that Ms. Gardner has complete indifference and a conscious disregard for the judicial process," he said. Represented client in seeking damages for breach of commercial real estate lease. Symbols refer to GT's office structure, which is detailed on the Disclosures page. Office 651.430.7150. He told Noble that he was getting medical treatment after aggravating a knee injury. He believes in excellence, hard work and dedication. Both Gardner and Desilets will be afforded their rights to due process and a defense and there will be a special prosecutor to oversee the indirect criminal contempt case. "We keep coming to court and the prosecuting attorney is not here," Hopkins said. "Chris Desilets failed to appear for either appearance and failed to file a motion to continue," according to Noble's filing. Despite two years of grand jury proceedings, Michael persuaded the government agencies not to pursue any criminal charges and subsequently negotiated a favorable civil settlement. Over three dozen presentations and classes at the ABA Forum on Franchising, the IFA Legal Symposium, Practicing Law Institute and National Franchise Association. Business 50% . This is one of the largest verdicts in California for the first half of 2022. Western State University College of Law JD - Juris Doctor 1982 California State University, Fullerton BA - Bachelor of Arts 1972 Languages Spoken. Desilets said it had "been a while" since he talked to the victims and Huq said he didn't know the answer to the judge's question. Learn more about his background, publications, and expertise. Michael has successfully represented clients in wide-ranging types of disputes and practice areas including, hospitality, fiduciary, bankruptcy, environmental, securities, intellectual property, trade secret, oil & gas, labor and employment, insurance, real estate, antitrust, education, and white-collar criminal defense. No one was found in contempt of court in that hearing. Pool photo . Mobile 612.382.7584. Since opening his private practice in 1993, attorney Majeed Samara's motivation remains constantto serve each client through tireless advocacy and legal counsel when presented with challenging criminal, traffic, civil litigation or read more. He was born in Collingdale, Pennsylvania to Patricia and Michael Gardner. Christopher Desiltes is the assistant circuit attorney assigned to the case of Steven Vincent Jr., who faces several felony charges in an October 2020 shooting that wounded an 11-year-old. Michael then negotiated a settlement with the SEC of all claims, without any admission of guilt by the client. Case results do not guarantee or predict a similar result in any future case undertaken by the lawyer. At the 1:30 p.m. hearing Thursday, Gardner's office was asked to explain why Gardner or someone from her office shouldn't be jailed, fined or both for contempt of court. Noble asked Desilets why he didnt inform the court that he was running late, and Desilets said it is common practice in St. Louis courts for attorneys to bounce between judges and divisions for hearings on any given day. Michael was lead trial counsel for an international energy company, and after a six-day trial, defeated an effort by a private equity firm to have the Delaware courts compel a sale of the multibillion-dollar company. Then, on Monday, Noble ordered Gardner to show cause for why she shouldnt be held in contempt over the case of Steven L. Vincent Jr. 28, who faces nine charges, including first-degree assault, after police say he shot a gun in the citys Jeff-Vander-Lou neighborhood and hit an apartment building, striking an 11-year-old girl in the arm as she sat in a bedroom. MRS-C-88-09. Prior to his private law practice, Mike served as a Coast Guard line officer supporting Coast Guard operations in Europe, Africa, and South America. Another attorney in the prosecutors office continued the case to April 24 on Desilets behalf. See,Energy Capital Partners v. United States, 47 Fed. Mike is a principal of the firms Labor & Employment, Appellate Law, and Litigation & Dispute Resolution practice groups. Represented claimant, a Cyprus company, against respondent, a private equity fund of funds, in prosecuting claims arising from breach of partnership agreements and other contracts. This comes after a separate hearing earlier this week in which another attorney with Gardner's office explained to a judge why he didn't show up for a first-degree murder trial. Find Garner, Ginsburg & Johnsen on Facebook, Find Garner, Ginsburg & Johnsen on Twitter, Find Garner, Ginsburg & Johnsen on LinkedIn, Garner, Ginsburg & Johnsen, P.A. 800.552.4529 While a large percentage of our clients come from the Hispanic community, we do not limit our representation solely to members of the immigrant and migrant communities. He has traveled to over 40 countries on five continents, published fiction in university periodicals and served on the boards of the Loft Literary Center, Open Book and the Fort Tryon Corporation. Message Get Directions. Represented developer in prosecuting claims for breach of real estate sale agreement and violation of the Texas Civil Practice and Remedies Code. Negotiated over $30 million in software licenses and support agreements, Formed company and advised owners on strategy to use 8(a) and Service Disabled Veteran Owned Small Business programs resulting in 7 year performance of zero revenue to $50 million revenue , Protested agencys award decision based on unstated evaluation factors. A week before trial, and following the filing of Michaels trial memo, the state Attorney General acknowledged it had no defense and consented to the entry of a declaratory judgment in favor of Michaels client. Send questions and comments about this story to feedback@stlpublicradio.org. 5 On Your Side Trial Analyst Anders Walker said if Gardner and Desilets are held in indirect criminal contempt he's not sure there will be any real consequences. In his comments, Noble also said the caseload for Desilets creates countless, irreconcilable conflicts. Desilets has about 104 felony cases. 03-1913. Judicial Update, a column in Franchise Update magazine; approximately 1993 2000. Michael won a complete dismissal of a $360 million class action lawsuit alleging violations of RICO and the laws of over 25 states brought against one of the nations leading laboratories. SeeCornish v. Britell, N.J. Chancery Court, Docket No. Judge Michael Noble speaks during a contempt of court hearing against St. Louis Circuit Attorney Kim Gardner at the Carnahan Courthouse on Thursday. You should not provide any confidential information or documents to us prior to our advising you that we are in a position to represent you. Jurisdiction, Choice of Law and Choice of Venue in the Wake of Burger King Corp. v. Rudzewicz, 3 Franchise Legal Digest 19, May-June 1987. Michael represented a Fortune 50 company under investigation by the federal government and 24 state attorneys general for alleged violations of the False Claims Act regarding drug pricing matters. Alafi v. Stanley N. Cohen, CA Superior Court, Santa Clara County,Case no. shooting of an 11-year-old girl in October 2020. why he didn't show up for a first-degree murder trial, Former St. Louis prosecutor argues City of St. Louis, not Circuit Attorney, should decide whether she can cooperate with subpoena, Jones vows modern city government, pledges incremental progress that 'won't happen overnight', 'This is a smear campaign': Former St. Louis prosecutor says leaked report on sexual assault aimed to discredit her. Cheeca Holdings, LLC v. Rock Resorts International, LLC (JAMS arbitration, Chicago, Illinois) Represented resort owner in connection with its termination of long-term hotel management agreement with Edition, the lifestyle hotel brand in the Marriott International family, ousting Edition from the property, and installing new management company at resort. ", Judge Michael Noble listens to testimony in his contempt of court hearing against St. Louis Circuit Attorney Kimberly M. Gardner at the Carnahan Courthouse on Thursday, April 27, 2023. A settlement for franchise fraud against a franchisor and its owners for $400,000. At the close of Michaels presentation of evidence in the trial, the debtor agreed to pay Michaels client $679 million, allowing the client to realize a return of more than double its cash investment in less than 10 months. Research legal experience, education, professional associations, jurisdictions and contact information on Justia. Vincent's defense attorney also asked the judge to dismiss the case for failure to prosecute, a motion the court denied until verification of Desilet's alleged medical issues, Noble said. As Noble concluded the hearing, he said Gardner's office appears to be a rudderless ship of chaos. Vincent has been charged with first-degree assault and multiple counts of armed criminal action and unlawful use of a weapon. Any prudent practitioner would expect such a caseload to create countless irreconcilable conflicts. He is admitted to practice in Kansas and Missouri and focuses his practice on medical malpractice defense , including nursing home defense, civil and commercial litigation , and health law including representing medical . After a six-week trial in the Federal Court of Claims in Washington, DC, Michael won a verdict for $8.8 million against the United States, the largest verdict for lost profits damages for a new venture ever awarded against the government. 382, affirmed 302 F.2d 1314. Represented principal of various bankrupt construction companies in connection with claims for breach of contract arising from personal guaranties of corporate debt. The judge said there was sufficient evidence to support that Gardner's and Desilet's conduct support a finding of indirect criminal contempt. (car accidents, truck accidents, motorcycle accidents, pedestrian accidents). Noble's decision marked the latest legal controversy for Gardner, whose office has been. Posted by anonymous | October 20, 2015. Supreme Court No. This case has been followed by courts around the country in enforcing franchisee rights. St. Louis Circuit Attorney Kimberly M. Gardner. Michael was litigation counsel for the Indenture Trustee for the holders of over a quarter billion dollars of municipal bonds issued by Stockton, California in the second largest municipal bankruptcy case ever filed in the United States. Franchisee Bankruptcy and Workout Issues (with Rochelle Spandorf) 31st Annual Legal Symposium, IFA, 1998. Agency took corrective action awarding contractor $485 million contract. Attorney Gardiner is Spanish speaking and his entire staff is bilingual. Nailing the Blob of Mercury: Goodwill in Franchising, Franchise Law Journal, vol. Jun 2003 - Present19 years 10 months. A St. Louis judge has ruled that Circuit Attorney Kim Gardner and an assistant must face allegations of indirect contempt of court after prosecutors failed to show up for two hearings in a felony case. Ct. Index No. A.B., Bachelor of Arts Co. (federal and state court, Dallas, Texas) Escalated to Claim and appealed to ASBCA. Pool video courtesy of KMOV, edited by Beth O'Malley. Michael Gardner was admitted to practice law in 2010. Both Gardner and Desilets will be able to put up a defense in the case. 15.9 miles away from Gardner Michael A. It does not appear she has made any reasonable efforts to prevent the resulting chaos, Noble said. Franchising, a column in the Licensing Journal, approximately 1995. The circuit attorneys office appears to be a rudderless ship of chaos, Judge Michael Noble said Thursday in issuing his order. Michael "Mike" Gardner Shareholder gardnerm@gtlaw.com Northern Virginia D +1 703.749.1303 T +1 703.749.1300 vCard PDF Print Share + EXPAND ALL Mike Gardner focuses his work on companies that provide national security and infrastructure services to federal and foreign customers.