Practice Expertise

  • Business & Commercial
  • Health Care
  • Litigation
  • Non-Compete, Unfair Competition and Trade ...

Areas of Practice

  • Business & Commercial
  • Health Care
  • Litigation
  • Non-Compete, Unfair Competition and Trade ...
  • Real Estate
  • View More

Profile

Michael Klein is a trial lawyer in Dykema's Austin office. In his career that spans 35 years, Mr. Klein has tried over 45 matters to final award or judgment in both state and federal courts, as well as arbitration. His five most recent jury trial victories involved first-party wind-hail litigation.

In addition to first-party coverage litigation, Mr. Klein also represents insurance clients in governmental investigations, declaratory judgment actions and injunctive matters involving insurance regulatory and consumer protection issues. He has extensive experience in healthcare Prompt Pay litigation and advising clients on the implications of the statute.

Mr. Klein filed the first lawsuit to challenge the constitutionality of the Insurance Commissioner's power of restitution when the Commissioner ordered 47 insurers to pay $36 million in "restitution" to medical providers for violations of the Prompt Pay Act, in what the Texas Department of Insurance referred to as the "Prompt Pay Blitz." He has represented clients in healthcare Prompt Pay disputes, including "mass action" lawsuits involving hundreds of providers.

Mr. Klein also represents healthcare and insurance clients in network provider litigation, delegation oversight litigation and provider incentives litigation, as well as other healthcare-related litigation.

Mr. Klein's practice involves all aspects of real estate litigation, including real estate purchase and improvement contracts, real estate fraud and negligent misrepresentation litigation, real estate partnership disputes, residential and commercial construction defect litigation, commercial landlord-tenant litigation, commercial and construction site premises liability litigation, construction site accident litigation, construction site litigation related to storm water discharge, litigation regarding damages to commercial property caused by defective products, and Fair Housing Act litigation related to disparate impact claims and reasonable accommodation claims.

Mr. Klein also handles trade secret litigation matters. He has at different times represented all three parties in trade secret lawsuits.


Bar Admissions

Texas, 1981

Education
University of Houston Law Center, J.D., 1981 The University of Texas, B.B.A., Business Honors Program, 1978

Areas of Practice

  • Business & Commercial
  • Health Care
  • Litigation
  • Non-Compete, Unfair Competition and Trade Secrets
  • Real Estate

Blogs

Labor & Employment Law Blog

In the rapidly evolving field of labor and employment law, we know that employers need to stay informed about changes in the law, and how these changes impact day-to-day business operations. Dykema's Labor & Employment Law Blog (www.laboremployment-lawblog.com) discusses important labor and employment-related legal developments, reviews practical implications, and provides valuable insight for employers of all types.

The Firewall

The Firewall keeps you up to date on the hottest legal topics in the ever-changing world of data security and privacy. As information security becomes a critical facet of all businesses and industries and the target of many regulators, it is important to stay apprised of new legal developments. The Firewall provides insightful legal analysis of the emerging issues in data privacy and cybersecurity law to help businesses stay ahead of the curve.

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