Michael A. Sweet
Overview
Michael Sweet, Chair of the Municipal Debt Restructuring and Bankruptcy Practice Group, represents clients in state and federal courts in a wide range of matters—general civil litigation, including complex commercial litigation, restructuring and insolvency, and election law. He has brought multiple jury and bench trials to verdict. Prior to joining Meyers Nave, Michael practiced at a bankruptcy/ litigation boutique firm, as well as at a national firm where he primarily represented creditors’ committees in major bankruptcies and defended large institutional clients in complex commercial litigation, product defect matters and antitrust actions. During law school Michael was a Judicial Extern for the Honorable Lisa Hill Fenning of the United States Bankruptcy Court, Central District of California.
In bankruptcy matters, Michael has litigated preferences, fraudulent conveyances, claims objections and plan confirmation, among other issues. He currently represents debtors, creditors and creditors’ committees, and trustees in bankruptcy cases throughout California. Michael was lead bankruptcy counsel to the Official Committee of Equity Investors in the California Mortgage and Realty (CMR) cases in the Northern District of California. That case involved over 1,200 equity investors with claims based on more than $200 million invested. He was also responsible for major claims and preference litigation on behalf of the Chapter 11 bankruptcy estates of Metricom, Inc. and Washington Group, International, working to successfully reduce claims against the estates by tens of millions of dollars.
Michael also advises clients experiencing financial distress on strategies for avoiding bankruptcy. Michael has been retained by and provided counseling to representatives of local governments on issues related to potential Chapter 9 bankruptcy filings and has written and spoken extensively on this topic. In 2004, he was a member of the team that assisted the City of Richmond, California, in restructuring its finances to avoid a bankruptcy filing. Most recently, Michael helped a healthcare district avoid bankruptcy by obtaining significant concessions from creditors and then facilitating a new financing that was backed by a new parcel tax.
Michael is also an accomplished litigator. He has represented plaintiffs and defendants in state as well as federal courts handling commercial and employment matters, creditors’ rights issues, and class actions (including matters under California’s Unfair Competition Law). His clients in litigation cases have included technology companies, green-tech businesses, and financial institutions, as well as hospitality companies and a gourmet food producer. Michael participated in the representation of the Larry L. Hillblom Foundation in complex probate litigation in Saipan. He was also involved in the successful representation of a major diversified financial institution in a complex fraudulent transfer case brought against eight individuals and 43 related companies.
Michael’s election law work includes representation of candidates, campaign committees and officeholders. He has counseled clients involved in recall campaigns. He has also represented individuals in campaign finance-related law enforcement matters. In addition, he successfully pursued litigation before the California Supreme Court on behalf of House Speaker Nancy Pelosi and former California Senate President Pro Tem John Burton. The case, Bramberg v. Jones, 20 Cal. 4th 1045 (1999), invalidated a statewide ballot initiative on constitutional grounds.
Published Decisions
- Roberts v. North American Van Lines, U.S. Dist. LEXIS 7787 (N.D. Cal., 2004). Helped defend the moving company against a class action suit filed by former customers relating to allegedly deceptive business practices. After the defendants defeated the motion for class certification, the plaintiffs voluntarily dismissed the case.
- Bunker v. County of Orange, 103 Cal.App. 4th 542 (2002). Successfully argued to uphold taxpayers’ rights to bring a class action lawsuit over the county’s handling of the real property assessment appeals process.
- Bramberg v. Jones, 20 Cal. 4th 1045 (1999). Successfully pursued litigation before the California Supreme Court on behalf of House Speaker Nancy Pelosi and former California Senate President Pro Tem John Burton. The case, invalidated a statewide ballot initiative on constitutional grounds.
Presentations and Publications
- Author, “Mammoth Lakes’ Possible Filing Tests AB 506,” San Francisco Daily Journal, 2012
- Speaker, "Nightmare to Hollywood Ending: Special Districts Getting Out of the Red,” CSDA Annual Conference, 2012
- Speaker, “Gamechanger: AB 506's Impact on Reducing Budget Obligations,” Meyers Nave Webinar, 2012
- Speaker, “Financing Economic Development Today,” Meyers Nave Webinar, 2012
- Speaker, “Squeezing Blood From Turnips and Other (Un)proven Strategies For Surviving the Next Budget Cycle,” Contra Costa County City Attorneys Association, 2011
- Speaker, “Subdivision Improvement Security: A Potentially Untapped Source of Revenue for Local Government,” Meyers Nave Webinar, 2011
- Panel Speaker, “How California Cities Are Coping with Budgetary Issues,” California Society of Municipal Analysts Conference, 2011
- Co-Author, “Local Governments Need Bankruptcy Option,” San Diego Union Tribune, 2011
- Interviewee, “Public Sector Restructuring to Grow With Declining Government Revenue,” The Distressed Debt Report, 2011
- Speaker, “Overview of Bankruptcy for Redevelopment Agencies” and “Deals Gone Bad,” California Redevelopment Association Presentation, 2010
- Interviewee, “When Municipalities Are Living Beyond Their Means,” The Sacramento Bee, 2010
- Speaker, “Strategies for Growing Your Practice,” Bar Association of San Francisco, 2010
- Speaker, “City Survival in the Post-Stimulus World: The Bankruptcy Option,” League of California Cities City Managers Department Meeting, 2010
- Speaker, “Municipal Bankruptcy: Strategies, Options and Realities,” Municipal Attorneys Group, 2009
- Author, “Will California’s Crisis Lead to a Bankruptcy Wave?,” The Bond Buyer, 2009
- Guest Columnist, “More Cities Facing Bankruptcy?: While Often Avoidable, Sometimes Going to Court is the Best Option,” The Orange County Register, 2009
- Author, “Cities Generally Have Alternatives to Bankruptcy,” Viewpoints, The Sacramento Bee, 2009
- Speaker, “Protecting Your Business from Accessibility Lawsuits,” Golden Gate Restaurant Association, 2007
- Co-Speaker, “How to Stop Your Competitors from Stealing Your Trade Secrets and Employees; Also, What You May Lawfully Poach in California” (with Hon. James Kleinberg and John Fox), the Labor and Employment Law Section of the Santa Clara County Bar Association, 2006
- Co-Speaker, “UCL Remedies, The Scope of Restitution and Injunctive Relief” (with Kim Kralowec), Bridgeport Continuing Education 2006 UCL and Class Action Litigation Conference, 2006
- Co-Speaker, “Be Careful What You Wish For: The UCL After Prop. 64” (with Hon. James Kleinberg and Kim Kralowec), Santa Clara County Bar Association MCLE program, 2005
- Speaker, “Is There Any Bite Left in B & P Section 17200? Unfair Competition Lawsuits After Proposition 64,” the Barristers Litigation Section meeting of The Bar Association of San Francisco, 2005
- Co-Speaker, “Same Horse, New Rider, Better Ammo: Unfair Competition and Consumer Protection Lawsuits After Proposition 64” (with Mark Olson), Winston & Strawn’s Technology Law Seminar, 2005
Professional and Community Affiliations
- Member, The State Bar of California
- Member, The Bar Association of San Francisco
- Member, California Political Attorneys Association
- Member, Bay Area Bankruptcy Form
- Chair, San Francisco Human Rights Commission
- Chair, California Jewish Public Affairs Committee
- Vice President, San Francisco Metropolitan Jewish Community Relations Council
- Past-president, Raoul Wallenberg Jewish Democratic Club of San Francisco
- Member, California State Democratic Central Committee
Education
- University of California at Los Angeles, School of Law, J.D., 1996
- Brandeis University, B.A., 1991