Michael A.Magee (Mike)

Partner

Pittsburgh + 1.412.394.7296

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Mike Magee has a diverse litigation practice representing clients in all phases of complex commercial matters from case filing to discovery, summary judgment, and resolution. His experience includes high-value contract disputes, mass tort, products liability claims, oil and natural gas exploration disputes, qui tam actions, and computer software development matters.

Mike has particular experience representing and advising clients with respect to oil and natural gas leasing terms and zoning disputes. Mike has also worked extensively with experts in software design, testing, coding standards and metrics, and project management. Mike's recent representations include the defense of a pharmaceutical company in nationwide opioids litigation, and the defense of Chevron against product liability lawsuits filed as part of a federal MDL (multidistrict litigation), a coordinating proceeding in the Philadelphia Court of Common Pleas, and in Washington State court. His representations include IBM, U. S. Steel, Allergan, Oklahoma Gas & Electric, Experian, and PennEnergy Resources.

Mike has researched extensively and written on the topics of pooling and unitization and implied covenants and their impact upon oil and natural gas development in the Marcellus and Utica shale plays, as well as on Pennsylvania civil procedure and federal multidistrict litigation.

Mike is actively involved in the Firm's pro bono activities, having represented incarcerated individuals, charities in tax exemption disputes, religious entities in First Amendment disputes, and victims of police brutality.

Experience

  • IBM defends software services agreement lawsuit brought by Pennsylvania Dep’t of Labor & IndustryIn a lawsuit brought by the Pennsylvania Department of Labor & Industry, Jones Day is defending International Business Machines Corporation (IBM) against breach-of-contract and other claims premised on allegations that IBM failed to deliver a computer system that would aid the administration of both the tax assessment and benefit payment sides of Pennsylvania's unemployment compensation system.
  • General contractor prevails on bid protest with Commonwealth of PennsylvaniaJones Day successfully represented a general contractor in connection with the filing of a formal bid protest with the Commonwealth of Pennsylvania Department of General Services relating to a request for proposal for the $37 million renovation and expansion of a university gymnasium.
  • PennEnergy successfully defends against landowner challenge to conditional use permit for natural gas operationsJones Day represented PennEnergy Resources, LLC (PennEnergy) in a land use appeal brought by a township resident, who argued that the Board of Supervisors of New Sewickley Township erred in granting a conditional use permit to allow for the development of a natural gas compressor facility in an agricultural zoning district.
  • Com-Net Critical Communications, Inc. former shareholders win non-jury verdict in lawsuit over final purchase paymentIn a post-closing adjustment dispute involving the design and construction of Florida's statewide first-responder radio communications system, Jones Day obtained a verdict of $125,751,232.88 plus costs for the representative of Com-Net Critical Communications' former shareholders against defendants Tyco Electronics Corporation, Inc., M/A-COM Tech Holdings, Inc., and M/A-Com, Inc.
  • International Development Corporation obtains dismissal of "title washing" challenge to its mineral rightsJones Day represented International Development Corporation (IDC) against a challenge from the heirs of prior owners of oil and gas rights in northeastern Pennsylvania.
  • NCL Appalachian Partners obtains dismissal of landowners' claim for breach of implied duty to developJones Day represented NCL Appalachian Partners, L.P. ("NCL"), an oil and gas developer, in a quiet title action brought by landowners alleging a breach of an implied duty to further develop the leasehold premises.
  • PennEnergy obtains dismissal of constitutional and substantive validity challenges in oil and gas zoning disputeJones Day represented PennEnergy Resources, LLC ("PennEnergy") before a township zoning hearing board against a challenge by a township resident seeking to ban oil and gas activities in agricultural areas of the township on constitutional grounds in the wake of the December 2013 Pennsylvania Supreme Court decision in Robinson Township v. Commonwealth.
  • Exploration and production company disputes design and construction of gas gathering and processing facilitiesJones Day is representing an exploration and production company in a contract dispute with a midstream company regarding the design, engineering, and construction of gas gathering and processing facilities servicing certain wells in Ohio and West Virginia, as well as the design, engineering, and potential future construction of a pipeline.
  • Atlas Pipeline Partners acquires private Eagle Ford company TEAK Midstream for $1 billionJones Day advised Atlas Pipeline Partners, L.P. on its acquisition of 100% of the equity interests of TEAK Midstream, L.L.C., a privately owned midstream operator, for $1 billion in cash, and, as part of the acquisition's financing, on the issuance of $400 million of Series D Convertible Preferred Securities.
  • Atlas Resource Partners acquires DTE Gas Resources for $255 millionJones Day advised Atlas Resource Partners, L.P. in its acquisition of DTE Gas Resources, LLC, an affiliate of DTE Energy Company, for $255 million.
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    January 2016 Commentary

    Third Circuit Rules that Courts, not Arbitration Panels, Have Final Word on Class Action Arbitrability

    March 2015 External Publications

    The Shale Energy Revolution: A Lawyer's Guide, coauthor, edited by Barclay Nicholson & Sarah Casey, American Bar Association

    July 2013 Commentary

    No Implied Duty for Operators to Develop "Each Economically Exploitable Strata," Says Pennsylvania Superior Court

    July 2013 Commentary

    Pennsylvania Oil and Gas Lease Act Enhances Royalty Transparency and Authorizes Limited Contiguous Lease Integration

    April 2013 Commentary

    Dormant Minerals Acts and the Marcellus and Utica Shale Plays

    Additional Publications

    • 2021
      LexisNexis, Pennsylvania Pre-Trial Practice Guide, Chapter 3: Initiating a Civil Action.
    • December 2020
      Thomson Reuters, Business and Commercial Litigation in Federal Courts 4th, Chapter 14: Multidistrict Litigation

    Additional Speaking Engagements

    • June 5, 2014
      The Best Laid Plans: Oil and Gas Lease Litigation in Pennsylvania, YPE Energy Industry Training Series
    • February 7 and 8, 2013
      Shale 101: Introduction to Business and Legal Developments in the Appalachian Basin, Jones Day Pittsburgh

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