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J. Michael Hennigan, 1943-2024

By Jack Needham | Apr. 9, 2024
News

Obituaries

Apr. 9, 2024

J. Michael Hennigan, 1943-2024

Complex commerical litigator defended Archdiocese

J. Michael Hennigan

J. Michael Hennigan, a prominent litigator and founding principal of McKool Smith Hennigan who retired in January, died during the weekend. He was 80.

During his career, Hennigan handled more than 45 major jury trials in state and federal courts, mainly in antitrust and securities cases. He was lead counsel in litigating judgments and settlements amounting to more than $8 billion for clients, according to a statement issued by the firm, confirming his death on April 6.

Hennigan, born in 1943 in Tuscon, Arizona, worked as a trial attorney with the Antitrust Division of the U.S. Department of Justice in Washington, D.C after graduating from the University of Arizona College of Law in 1970.

While in law school, he served as note and comment editor of the Arizona Law Review, was the Ralph Aigler Outstanding Student of the Class of 1970 and received the Prentiss Hall Tax Award. He also received the Charles L. Strauss Award for Outstanding Student Contribution to the Arizona Law Review.

He was a founding partner of Hennigan, Mercer & Bennett in California and later a founding principal of McKool Smith Hennigan following McKool Smith's expansion into California in 2011.

Despite his antitrust and securities prowess, Hennigan will perhaps best be remembered for his work defending the Roman Catholic Archdiocese of Los Angeles when it first faced sex abuse litigation more than 20 years ago.

Hennigan was tasked with defending Cardinal Roger M. Mahony and the Archdiocese against hundreds of claims of sexual abuse by priests dating back to the 1930s. The church agreed to pay a record $660 million to 508 plaintiffs in 2007, apologizing to those who had been abused.

His propensity for donning a signature bowtie, a tribute to his late University of Arizona law dean, Charles Ares, made Hennigan stand out in any room. Outside the courtroom he was an avid horseman and owner of Quail H Farms, one of the nation's largest producers of sweet potatoes.

Friends and legal opponents remember him as possessing a sharp legal mind with a flair for courtroom delivery.

Kirk D. Dillman, a principal at McKool Smith wrote in an email that Hennigan was the firm's "moral compass."

"Mike was a legal giant. He was a tremendous intellect with unlimited confidence and an ability to communicate that made him one of the most successful and feared trial lawyers in the country," Dillman wrote.

"Mike was also a highly spiritual and compassionate man. He cared deeply for those who were fortunate enough to work with him, and he shared generously his time and wisdom. He was the moral compass of our firm and the patriarch of an extended legal family that will mourn his loss for some time to come," Dillman wrote.

Raymond P. Boucher, of Boucher LLP, was lead counsel for the plaintiffs in the church litigation. He wrote in an email that Hennigan was a standard bearer for the profession.

"Mike was a consummate lawyer. He fought hard and brilliantly for his clients; he was tenacious but professional, tough but fair; a lawyer who loved the law and always exemplified the highest standards of our profession. We became friends through years of battle and legal fights, and the thing that I remember most from all our meetings is how deeply he loved his wife and his family. He will be missed," Boucher wrote.

Ron Olson, a founding partner of Munger, Tolles & Olson, was quoted in a press release issued at the time of Hennigan's retirement as saying Hennigan possessed a sharp legal mind and a flair for presentation.

"As an opponent, Mike was, as I have said to others, formidable, possessing a courtroom presence that was as smooth as warm butter - but not so greasy - and was able to present arguments with sharp intellect and high integrity. As a friend, Mike was an A+ for decades," Olson was quoted as saying.

Among Hennigan's high-profile cases was representation of shareholders in claims against The Walt Disney Company and legendary corporate raider Saul Steinberg after Disney purchased Steinberg's 11% stake in the company at inflated prices to ward off a takeover - commonly called greenmailing. The case ended in a $45 million settlement, the first cash payment to end greenmailing claims.

In the 1990s, Hennigan and partner Jim Mercer represented Orange County in lawsuits against several securities companies, including Merrill Lynch & Co., after bad derivative investments plunged the county into bankruptcy. Their theory of the case was a broadened interpretation of the concept that securities brokers can sell only securities "suitable" for customers' needs - an argument Hennigan acknowledged to the New York Times was "unique."

They recovered $865 million from settlements with securities companies, including $400 million from Merrill Lynch, and law and accounting firms. The Merrill Lynch settlement set a record for securities cases.

Hennigan is survived by his wife of 50 years, Phyllis Hennigan; his daughters Amanda Mansour and Cassandra Filippone; sons-in-law Anthony Mansour and John Filippone; and his grandchildren, Alice Mansour, John Michael Filippone, Elias Mansour, Lucas Filippone and Jude Filippone.

A memorial has been scheduled for Tuesday, April 16 at 10 a.m.in the Cathedral of Our Lady of the Angels in Los Angeles.

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Jack Needham

Staff Writer/General Interest
jack_needham@dailyjournal.com

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