Michael McGivney

Mike McGivney concentrates his practice on business, financial services and commercial litigation. He frequently represents banks, mortgage companies and other financial institutions in a wide range of litigation matters, including contested foreclosures and defending against claims under Telephone Consumer Protection Act (TCPA), Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and state consumer fraud and unfair or deceptive business practices statutes. Mike also has experience in litigating consumer class action matters and has a broad scope of trial and appellate experience in both state and federal courts.

Mike’s experience includes:

• Obtained dismissal with prejudice of intervenor’s counterclaims for quiet title and slander of title in contested mortgage foreclosure and protected mortgagee’s position as senior lienholder
• Obtained summary judgment in favor of plaintiffs on defendants’ affirmative defenses and counterclaims in multiple contested mortgage foreclosures
• Secured dismissal with prejudice for defendant on claims of breach of commercial lease where defendant was merely a purchaser of the lessee’s assets and not a successor by merger
• Represented U.K. client in dispute with former business partner over real estate investments in Minnesota and secured favorable settlement
• Member of team that secured summary judgment for mortgage servicer in defense of claims of violations of consumer protection statutes alleged by borrower. Judgment was affirmed on appeal
• Member of team that routinely defends one of the nation’s largest debt collectors in consumer class action matters

Journal Articles

• Michael McGivney, "A Means to an Element: The Supreme Court's Modified Categorical Approach After Mathis v. United States," 107 J. Crim. L. & Criminology 421 (2017)