Michael Edney
Michael Edney defends executives and corporations in criminal prosecutions and agency enforcement actions, successfully challenging numerous regulatory agencies—from the Justice Department to the US Securities and Exchange Commission and the US Commodity Futures Trading Commission, among others—against federal government overreach. Many of the regulations Mike has convinced the courts to reverse would have arbitrarily ended hundreds of businesses absent the courts’ intervention. He has also successfully challenged government decisions to break contracts and end projects in cooperation with private industry.
In addition to his criminal defense practice, Mike regularly brings actions challenging government agency regulations as illegal and unconstitutional before they are enforced. He has sued government agencies and reversed their attempted regulations seeking to upend the energy, financial, and tobacco industries.
His civil litigation practice spans beyond anti-regulatory suits. He has brought some of the leading First Amendment cases in the country. On behalf of The Washington Free Beacon, he vindicated the publication’s First Amendment right to access sealed court records before the Arizona Supreme Court. He has defended corporations in bet-the-company litigation concerning securities, environmental, employment, and fair housing. He has represented states at the request of their governors. He has repeatedly served as counsel for former Attorneys General of the United States when they appear as amici curiae before the Supreme Court.
Mike also represents clients on numerous national security matters, including the Classified Information Procedures Act, the Foreign Agent Registration Act, matters before the Committee on Foreign Investment in the United States, government cybersecurity investigations into companies regarded as critical national infrastructure, the handling of classified information by government contractors, and prepublication review of books authored by former government officials for sensitive and classified information.
His private practice draws from a half decade of prior government service. During the administration of former President George W. Bush, he served as deputy legal advisor to the National Security Council at the White House and in the Office of Legal Counsel at the United States Department of Justice, where he helped the administration address many legal issues pertaining to the United States' post-9/11 campaign against terrorism.
Before joining Morgan Lewis, Mike was a litigation partner at another global law firm.
- Secured the vacatur of an industrywide health warnings regulation on First Amendment and Administrative Procedure Act grounds through a unanimous decision of the US Court of Appeals for the District of Columbia Circuit
- Secured the reversal of the Food and Drug Administration’s regulation of premium cigars before the US District Court for the District of Columbia; argued against the FDA’s appeal of that decision, leading to a unanimous decision of the court holding that the FDA made serious errors and vacating the regulation
- Obtained the reversal of a Securities and Exchange Commission effort to impose a prejudgment receivership seizing all the assets of a prominent real estate developer through a unanimous decision of the US Court of Appeals for the Fifth Circuit
- Secured the reversal of a Commodity Futures Trading Commission effort to end the PredictIt political event market, through a 2–1 decision of the US Court of Appeals for the Fifth Circuit
- Secured the reversal through a writ of mandamus of a government effort to transfer challenges to its regulatory actions to federal courts in Washington, through a unanimous decision of the US Court of Appeals for the Fifth Circuit
- Vindicated the First Amendment rights of multiple newspapers and publications against claims of libel and to court records, including through a victory in the Arizona Supreme Court
- Prevailed in a months-long criminal jury trial against a business executive, with the jury refusing to convict the defendant on any of the government’s dozens of wire and government contracting fraud charges
- Secured the reversal of several Treasury and Commerce Department sanctions and designations of companies and individuals, including challenging them in litigation
- Served as lead counsel in challenging numerous federal government administration regulations of the energy and financial industries
- Challenged and obtained judicial relief against numerous federal, state, and local statutes and regulations seeking to compel commercial speech, to restrict the ability to advertise, or otherwise to encroach on First Amendment rights
- Negotiated ends to numerous government investigations, including to what was then the largest combined corporate Foreign Corrupt Practices Act and trade sanctions investigation in American history
- University of Chicago Law School, 2001, J.D., high honors
- University of Notre Dame, 1998, B.A., magna cum laude
- District of Columbia
- Virginia
- Supreme Court of the United States
- Supreme Court of Virginia
- District of Columbia Court of Appeals
- US Court of Appeals for the First Circuit
- US Court of Appeals for the Second Circuit
- US Court of Appeals for the Third Circuit
- US Court of Appeals for the Fourth Circuit
- US Court of Appeals for the Sixth Circuit
- US Court of Appeals for the Eighth Circuit
- US Court of Appeals for the Ninth Circuit
- US Court of Appeals for the Tenth Circuit
- US Court of Appeals for the Eleventh Circuit
- US Court of Appeals for the District of Columbia Circuit
- US Court of Military Commission Review
- US District Court for the District of Columbia
- US District Court for the Eastern District of Virginia
- US District Court for the District of Maryland
- US District Court for the District of Nebraska
- US District Court for the Eastern District of Texas
- US District Court for the Western District of Texas
- US District Court for the Northern District of Texas
- US District Court for the Southern District of Texas
- US District Court for the Eastern District of Arkansas
- US District Court for the Western District of Arkansas
- US District Court for the District of North Dakota
- US District Court for the District of Minnesota
- US District Court for the Northern District of Illinois
- Clerkship to Judge Danny J. Boggs of the US Court of Appeals for the Sixth Circuit (2001 - 2005)