They’ve Got Next: The 40 Under 40 - Michael Landman of Bird Marella

Michael Landman

Age: 38

Law Firm: Bird, Marella, Rhow, Lincenberg, Drooks, & Nessim

Practice Area: White Collar, Investigations, and Crisis Leadership

Title: Partner

Location: Los Angeles

Law School: University of Virginia School of Law

Please describe two of your most substantial, recent wins in practice.

I helped secure the complete acquittal of a software executive who was charged with defrauding Hewlett-Packard in connection with its acquisition of Autonomy Corporation. The Department of Justice alleged that my client deliberately misapplied accounting principles in order to make Autonomy look more profitable than it was, causing HP to overpay by over $5 billion.

Through my cross-examination of government witnesses, including the government’s accounting expert and main percipient accounting witness, I was able to demonstrate that the accounting principles were nuanced and that, based on the information available to him, my client had applied them in good faith. I was honored to represent someone I truly believed in, and it was a pleasure collaborating with co-defendant’s counsel, Clifford Chance and Steptoe—whose skill and experience were invaluable to our trial team.

Though trials are my passion, it is equally satisfying to help clients avoid charges altogether. I recently represented a client who was being investigated for insider trading. I made the difficult decision of allowing the client to sit for a proffer in order to demonstrate transparency and provide original source evidence undermining the government’s theory of the case. This led to no charges being filed.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?

Be a decent human being. I spent my first year as a lawyer clerking for a U.S. District Judge who would shake the hand of every party after the case had concluded. This included shaking the hand of every criminal defendant after he had imposed a sentence of imprisonment.

He found that this simple gesture caused the parties to appreciate that, in the courtroom, everyone has a job to do. At the end of any ruling of his, at least one party—and sometimes both—would go home unhappy. The least he could do is convey—though a handshake or otherwise—that, even though they may disagree, he was committed to understanding their position and treating them fairly.

In my practice, I have drawn from my judge’s “handshake tradition,” in my goal of treating everyone, even those with whom I may disagree, with courtesy and respect. I take time to understand and appreciate the opposing party’s position and, despite our disagreements, I maintain a professional attitude.

While some litigators are known for their passion and larger-than-life presence in the courtroom, I try to be one of the more level-headed people in the room. I have found that it is possible to achieve great results for my clients without wearing outsized passion on my sleeve.

How do you define success in your practice?

Getting good results for my clients. I began my career without traditional clients to represent. As a prosecutor, I embraced the fact that, though my client was the United States, my job was to do justice rather than win at all costs. My greatest fear in transitioning from government service to private practice is that I would no longer be able to use my conception of justice as my lodestar.

Now in private practice, I remain pleasantly surprised at how rewarding it is to be a zealous advocate for my clients. Given the nature of my practice, most of my clients come to me during some of the most challenging times in their lives. They count on me to help them navigate what is often uncharted territory for them. And there are often existential decisions that need to be made—decisions that will have a major impact on their and their families’ lives.

There is no greater feeling of success than helping my client though these difficult times and obtaining a result for a client that exceeds his or her expectations. As a former athlete and inherently competitive person, I enjoy the feeling of “winning.” The only better feeling than “winning” is knowing that I have made a meaningful impact on the lives of my clients.

What are you most proud of as a lawyer?

I am most proud of the time in which I represented the United States as a prosecutor with the Department of Justice. Despite my competitive nature, I relished that my job was not to “win” but to do justice. I am equally proud of my trial victories as I am of the cases that I recommended not pursuing for insufficient evidence or for being contrary to the interests of justice.

While at the Department, I worked on everything from a multimillion-dollar investor fraud in Los Angeles to a misdemeanor shoplifting case in Washington, DC. In each case, I was proud to be representing the interests of the United States to bring those who had violated the law to justice. I was equally proud to be an advocate of the victims who had been harmed by the defendant’s conduct, whether they were retirees who were swindled of their life savings or amorphous victims such as the US taxpayers or major grocery chain. Most importantly, I am proud to have worked alongside and formed lasting friendships with the many others who enjoyed the pursuit of justice above all else.

Who is your greatest mentor in the law and what have they taught you?

It is a tie between the US District Judge for whom I clerked, Honorable Stefan R. Underhill, and my current partner, Gary Lincenberg. Judge Underhill taught me the ins and outs of federal practice and how to carry myself as a lawyer, “on and off the court.” In addition to being a great legal scholar and fair-minded judge, he is also a family man and he taught me the importance of maintaining a healthy balance between my professional and personal lives.

Gary has given me the tools and support to take my early experiences as a prosecutor and build off of them to turn myself into a more polished and effective trial attorney. Gary has struck the perfect balance of trusting me to take on important roles in his cases while also remaining present and available in order to discuss strategy and provide meaningful feedback.

While I have a lot of work to do, I look forward to many more years of learning from an individual whom I believe to be one of the great trial attorneys of our time.

Please tell us your two favorite songs on your summer music playlist.

“No Sleep Till Brooklyn” by Beastie Boys, and “Squabble Up” by Kendrick Lamar. My 18-month-old will stop whatever he is doing and start bouncing whenever he hears Kendrick. “No Sleep Till Brooklyn” is a very literal description of my 3-year-old’s mentality when we fly across the country to see his grandparents.

Michael Landman of Bird Marella with his family in Kāʻanapali, Hawaii.

Photo Illustration: Jonathan Hurtarte/Bloomberg Law; Photo courtesy of Michael Landman