McGivney, Michael

Michael McGivney

Associate
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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 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

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CREDENTIALS
Education
  • J.D.,

    cum laude

    , Northwestern University School of Law, 2016

    Journal of Criminal Law and Criminology, Executive Editor
    Lowden-Wigmore Award for best comment selected for publication

  • B.A., Radio-Talent/Production, Columbia College, 2005
Bar Admissions
  • Illinois, 2016
Court Admissions
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Southern District of Illinois
  • U.S. District Court for the Southern District of Indiana
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Western District of Wisconsin
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Western District of Michigan
  • U.S. District Court for the Eastern District of Missouri
Professional History
    • Law Clerk, Hon. Marjorie K. Allard, State of Alaska Court of Appeals, Anchorage, AK