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.
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 individual under DOJ and SEC investigation in a matter involving an alleged “pump and dump” scheme.
- (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
- 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.
- Best Lawyers: Ones to Watch (Woodward/White Inc.), Commercial Litigation, 2024
- 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
November 21, 2023
InsightsIn 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
October 5, 2023
InsightsWhite 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
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
InsightsA 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
InsightsMajor 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
May 23, 2023
InsightsUS Supreme Court Curtails Government Enforcement Power Under Three Federal Statutes, Reining in the DOJ
The U.S. Supreme Court recently decided three cases against the United States, with the Court rejecting the government’s attempt to prosecute or penalize private citizens under what the Court deemed to be overly expansive interpretations of statutes or regulations. As the Court winds down its current term, we look for the lessons it provided in these three marquee cases.
By Jennifer S. Freel & Michael J. Murtha
January 25, 2023
InsightsDocket Check Update: US Supreme Court Declines to Decide Whether Attorney-Client Privilege Protects Dual-Purpose Communications
The U.S. Supreme Court decided on January 23, 2023, in a per curiam slip opinion that it would not consider whether communications including both legal and non-legal advice are protected by attorney-client privilege.
By Jennifer S. Freel & Michael J. Murtha
January 17, 2023
InsightsMajor Case Alert: Is the Fifth Circuit About to Transform How Courts Apply Sentencing Guidelines?
On January 24, 2023, the Fifth Circuit Court of Appeals will sit en banc to decide how much deference courts should give commentary to the U.S. Sentencing Guidelines. The full Court will do so in the much-anticipated case of United States v. Vargas, 21-20140. Specifically, the Court will decide whether the Supreme Court’s decision in Kisor v. Wilkie, which limited judicial deference to agency interpretations, extends to the Guidelines.
By Jennifer Freel & Michael Murtha
October 11, 2022
InsightsDocket Check: US Supreme Court to Decide Key Criminal and Regulatory Cases This Term
This term, the U.S. Supreme Court is tasked with construing the Bank Secrecy Act’s penalty provision, ruling on whether the “right to control theory” provides a viable theory of liability under the federal wire fraud statute, and deciding whether a private citizen who has informal political influence over governmental decision-making can be convicted of honest services fraud. It also must decide whether the Government has authority to dismiss a False Claims Act case after initially declining to intervene.
By Jennifer Freel & Michael Murtha