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Michael Murtha

Michael Murtha

Associate, Dallas
214.953.6187
mmurtha@jw.com
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Biography Practice Experience Recognition & Accolades Publications & Speeches Community Involvement Client Results News & Insights
Michael Murtha

Michael J. Murtha

Associate, Dallas
214.953.6187
mmurtha@jw.com
Email LinkedIn vCard Print
Practice Experience Recognition & Accolades Publications & Speeches Community Involvement Client Results Attorney News

Practice Areas

  • Trial & Appellate Litigation

Experience

  • Investigations & White Collar Defense

Biography

Michael Murtha is an attorney in the Trial & Appellate Litigation and Investigations & White Collar Defense practices of Jackson Walker’s Dallas office.

As a former federal clerk at both the trial and appellate levels, Michael draws on his prior experience in the federal judiciary to advise and defend corporations and individuals facing complex criminal and civil accusations at the pre-trial, trial, and appellate levels in federal court. Michael is experienced in representing corporations and individuals facing charges of securities fraud, wire fraud, healthcare fraud, and the like. His practice also includes handling sensitive internal and governmental investigations.

Most notably, Michael represented one of the day traders in the Atlas Trading federal securities fraud prosecution, securing a dismissal of all charges on the eve of trial. Michael was also appointed to the Criminal Justice Act trial panel for the Eastern District of Texas, where he takes appointments to represent individuals facing a variety of federal charges.

In addition to Michael’s white collar and investigations docket, Michael also has a robust civil docket, representing companies and individuals facing antitrust, False Claims Act, defamation, breach of contract, and fraud claims.

Prior to Jackson Walker, Michael served as a federal judicial law clerk to the Honorable Edith Brown Clement of the U.S. Court of Appeals for the Fifth Circuit and to the Honorable Amos L. Mazzant, III of the U.S. District Court for the Eastern District of Texas. He also previously served as a law clerk in the Texas Office of the Solicitor General and advised Texas Senator John Cornyn’s office during the confirmation of Justice Amy Coney Barrett.

Beyond his federal and state clerkships, Michael practiced at a Dallas-based criminal defense firm and at an international law firm, where he handled white collar defense and investigations, appeals, and complex commercial litigation.

Michael is a former Antonin Scalia Fellow with the Public Interest Fellowship.

Education

B.A., magna cum laude, Texas A&M University

  • Phi Beta Kappa

J.D., magna cum laude, Notre Dame Law School

  • Notre Dame Law Review, Staff Editor (Vol. 93) and Articles Editor (Vol. 94)
  • Moot Court Board

Bar Admissions

Texas

Court Admissions

U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Eastern, Northern, Southern, and Western Districts of Texas

Pre-Trial, Trial, & Appellate Matters

  • Represented day trader charged with securities fraud in the Atlas Trading prosecution — all charges dropped.
  • Represented CEO under DOJ and SEC investigation in a matter involving an alleged “pump and dump” scheme – no charges brought.
  • Represented an individual charged by the Texas State Securities Board with securities fraud in connection with an alleged oil and gas investment scheme – secured dismissal of all charges with prejudice.
  • (N.D. Tex. & E.D. Tex.) Represented multiple individuals under federal indictments for conspiracies, drug charges, healthcare fraud, wire fraud, and securities fraud.
  • (N.D. Tex. & E.D. Tex.) Advised multiple individuals on plea deals and helped secure multiple variances and/or departures at federal sentencings.
  • (N.D. Tex.) Represented multiple companies accused of insider transfers in an adversary proceeding.
  • Advised Fortune 100 company on various ESG disclosures and constitutional issues.
  • Secured release and waiver of liability for tenant seeking to terminate inequitable lease.
  • (N.D. Tex.) Represented healthcare company in breach of contract/misappropriation of trade secret action.
  • (5th Circuit) Co-authored amicus brief arguing disabled inmate properly asserted Eighth Amendment violation under intervening Supreme Court precedent.  The Fifth Circuit reversed the District Court’s dismissal of our client’s case.

Investigations

  • Represented multiple individuals and companies who have received government subpoenas or requests for interviews, assisting them with best methods for responding and gathering information.
  • Conducted internal investigation into healthcare company related to alleged billing code errors.
  • Conducted internal investigation into police department on alleged human rights violations.
  • Advised Fortune 500 company on receipt of grand jury subpoena.
  • Conducted internal investigation into parent/subsidiary relationship of Fortune 500 company.

  • Best Lawyers: Ones to Watch (Woodward/White Inc.), Commercial Litigation, 2024-2025

  • Co-Author, “What Courts’ Deference Preference Can Mean For Sentencing,” Law360 (August 2023)
  • Co-Author, “Major Case Update: Fifth Circuit Declines to Transform How Courts Apply Sentencing Guidelines,” Jackson Walker Insights (July 2023)
  • Co-Author, “US Supreme Court Curtails Government Enforcement Power Under Three Federal Statutes, Reigning in the DOJ,” Jackson Walker Insights (May 2023)
  • Co-Author, “Docket Check Update: US Supreme Court Declines to Decide Whether Attorney-Client Privilege Protects Dual-Purpose Communications,” Jackson Walker Insights (January 2023)
  • Co-Author, “Major Case Alert: Is the Fifth Circuit About to Transform How Courts Apply Sentencing Guidelines?” Jackson Walker Insights (January 2023)
  • Co-Author, “Docket Check: US Supreme Court to Decide Key Criminal and Regulatory Cases this Term,” Jackson Walker Insights (October 2022)

  • The Federalist Society
  • Dallas Bar Association
  • Judge Paul Brown Inn of Court
  • State Bar of Texas Pro Bono College

Jackson Walker Obtains Appellate Victory for Local Radio Station in Defamation Suit

August 15, 2024

Jackson Walker Secures Dismissal of Oil and Gas Investment Fraud Case

August 1, 2024

Jackson Walker Secures Dismissal of All Securities Fraud Charges Against Mitchell Hennessey

March 21, 2024

More Client Results

Best Lawyers 2025 edition graphic - 306 attorneys recognized, 81 specialty areas, 75 Ones to Watch, and 9 Lawyers of the Year

August 15, 2024
Attorney News

‘The Best Lawyers in America’ Features 306 Jackson Walker Attorneys in 2025 Edition, Including 9 “Lawyers of the Year” and 75 “Ones to Watch”

The Best Lawyers in America has recognized 306 Jackson Walker attorneys across 81 specialty practice areas in its 2025 edition, including 9 Lawyers of the Year and 75 Ones to Watch. In this year’s guide, Jackson Walker saw the largest number of attorneys in the areas of Commercial Litigation (75 attorneys) and Real Estate Law (55 attorneys) and the addition of 27 attorneys as Best Lawyers.

2024 Chambers White Collar-2

June 6, 2024
Spotlight

Women-Led Investigations & White Collar Group Recognized in Chambers USA Guide

Jackson Walker proudly announces the first-time ranking of the Investigations & White Collar practice group in the Chambers USA Guide. This ranking is anchored by the continued recognition of practice group leader Erica Benites Giese and partner Jennifer S. Freel.

Jennifer Freel, Michael Murtha and Mark Mariani

November 21, 2023
Insights

In Culley, Justices Unlikely to Set New Forfeiture Standards | Law360 (Subscription Required)

The U.S. Supreme Court is currently considering a case that could reshape the practice of civil asset forfeiture – the process that allows the government to seize assets allegedly connected to criminal activity, absent a conviction or even an arrest.

By Jennifer Freel, Michael Murtha, and Mark Mariani

United States Supreme Court building with Jackson Walker logo

October 5, 2023
Insights

White Collar Docket Check: US Supreme Court to Decide Key Administrative, Whistleblower, and Due Process Cases This Term

The U.S. Supreme Court began its new term this week and is taking cases government enforcement practitioners will want to follow. Specifically, the Court will address issues concerning: the interplay between SEC administrative proceedings and the right to a jury trial; the amount of authority Congress can permissibly delegate to the SEC; who bears the burden of proof on the issue of retaliatory intent in adverse employment actions concerning whistleblowers; and the scope of due process for post-seizure probable cause hearings.

By Jennifer Freel, Michael Murtha, and Mark Mariani

USA flags

August 17, 2023
Attorney News

‘The Best Lawyers in America’ Honors 287 Jackson Walker Attorneys in 2024 Edition, Including 12 “Lawyers of the Year” and 80 “Ones to Watch”

The Best Lawyers in America has recognized 287 Jackson Walker attorneys across 5 offices and 82 specialty practice areas in its 2024 edition, including 12 Lawyers of the Year and 80 Ones to Watch. In this year’s guide, Jackson Walker saw the largest number of attorneys in the areas of Commercial Litigation (66 attorneys) and Real Estate Law (60 attorneys) and the addition of 35 attorneys as Best Lawyers.

August 14, 2023
Insights

A Deepening Circuit Split: The Fifth Circuit Weighs in on Divide Over Deference Afforded to Sentencing Guidelines

In this article contributed to Law360, Jennifer Freel and Michael Murtha take a deep look into the effect of a recent Fifth Circuit en banc decision, noting that the amount of deference courts give the Guidelines is an issue for criminal practitioners to watch and something likely headed to the U.S. Supreme Court.

July 26, 2023
Insights

Major Case Update: Fifth Circuit Declines to Transform How Courts Apply Sentencing Guidelines

The Fifth Circuit Court of Appeals has issued its much-anticipated en banc decision United States v. Vargas, which tasked the Court with deciding how much deference courts should give commentary to the U.S. Sentencing Guidelines following the Supreme Court’s decision in Kisor v. Wilkie. In a fractured decision, the Fifth Circuit held that Kisor does not extend to the Guidelines; rather, Stinson v. United States continues to control without any alteration from Kisor. Thus, the current paradigm remains in the Fifth Circuit absent Supreme Court intervention: the Guidelines commentary is “authoritative unless it violates the Constitution or a federal statute, or is inconsistent with, or a plainly erroneous reading of, that guideline.”

By Jennifer S. Freel & Michael J. Murtha

More Attorney News

Practice Experience

Pre-Trial, Trial, & Appellate Matters

  • Represented day trader charged with securities fraud in the Atlas Trading prosecution — all charges dropped.
  • Represented CEO under DOJ and SEC investigation in a matter involving an alleged “pump and dump” scheme – no charges brought.
  • Represented an individual charged by the Texas State Securities Board with securities fraud in connection with an alleged oil and gas investment scheme – secured dismissal of all charges with prejudice.
  • (N.D. Tex. & E.D. Tex.) Represented multiple individuals under federal indictments for conspiracies, drug charges, healthcare fraud, wire fraud, and securities fraud.
  • (N.D. Tex. & E.D. Tex.) Advised multiple individuals on plea deals and helped secure multiple variances and/or departures at federal sentencings.
  • (N.D. Tex.) Represented multiple companies accused of insider transfers in an adversary proceeding.
  • Advised Fortune 100 company on various ESG disclosures and constitutional issues.
  • Secured release and waiver of liability for tenant seeking to terminate inequitable lease.
  • (N.D. Tex.) Represented healthcare company in breach of contract/misappropriation of trade secret action.
  • (5th Circuit) Co-authored amicus brief arguing disabled inmate properly asserted Eighth Amendment violation under intervening Supreme Court precedent.  The Fifth Circuit reversed the District Court’s dismissal of our client’s case.

Investigations

  • Represented multiple individuals and companies who have received government subpoenas or requests for interviews, assisting them with best methods for responding and gathering information.
  • Conducted internal investigation into healthcare company related to alleged billing code errors.
  • Conducted internal investigation into police department on alleged human rights violations.
  • Advised Fortune 500 company on receipt of grand jury subpoena.
  • Conducted internal investigation into parent/subsidiary relationship of Fortune 500 company.

Recognition & Accolades

  • Best Lawyers: Ones to Watch (Woodward/White Inc.), Commercial Litigation, 2024-2025

Publications & Speeches

  • Co-Author, “What Courts’ Deference Preference Can Mean For Sentencing,” Law360 (August 2023)
  • Co-Author, “Major Case Update: Fifth Circuit Declines to Transform How Courts Apply Sentencing Guidelines,” Jackson Walker Insights (July 2023)
  • Co-Author, “US Supreme Court Curtails Government Enforcement Power Under Three Federal Statutes, Reigning in the DOJ,” Jackson Walker Insights (May 2023)
  • Co-Author, “Docket Check Update: US Supreme Court Declines to Decide Whether Attorney-Client Privilege Protects Dual-Purpose Communications,” Jackson Walker Insights (January 2023)
  • Co-Author, “Major Case Alert: Is the Fifth Circuit About to Transform How Courts Apply Sentencing Guidelines?” Jackson Walker Insights (January 2023)
  • Co-Author, “Docket Check: US Supreme Court to Decide Key Criminal and Regulatory Cases this Term,” Jackson Walker Insights (October 2022)

Community Involvement

  • The Federalist Society
  • Dallas Bar Association
  • Judge Paul Brown Inn of Court
  • State Bar of Texas Pro Bono College

Practice Areas

  • Trial & Appellate Litigation

Experience

  • Investigations & White Collar Defense

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