Michael Gay

Partner

Michael Gay is a litigation partner in the Orlando office of Foley & Lardner LLP. Michael handles a variety of commercial disputes, including restrictive covenant litigation, patent and trademark litigation, environmental litigation, health care litigation and contract disputes. Michael serves on the firm’s Management Committee. He is a member of the firm’s Business Litigation & Dispute Resolution and Intellectual Property Litigation Practices. Michael is former managing partner for the Orlando office. Michael was previously the national department chair for Litigation.

Prior to joining Foley, Michael practiced in Houston, Texas, as a commercial trial lawyer.

 

In his 34-year legal career, Mike Gay has tried dozens of cases, both jury and bench, in federal and state courts. Mike has also arbitrated a number of matters and handled several contested injunction hearings. While most of his career has been spent in Florida, he started practicing law in Houston in 1990. It was there that he was fortunate enough to learn from some extremely talented trial lawyers and first-chaired his first jury trial. In 1995, he relocated to Orlando and began practicing at Foley & Lardner LLP where he continued his practice as a trial lawyer. While he still lists Business Litigation & Dispute Resolution as his primary Practice Group, given his significant trial experience — in addition to traditional complex commercial litigation — he has handled trade secret cases, restrictive covenant cases, trusts and estate litigation, defamation cases, and intellectual property cases. One of his most notable cases was representing the trustees of the Robert Rauschenberg Revocable Trust. The case involved the trustee fees owed to the trustees for managing the trust assets, which included a significant collection of Mr. Rauschenberg’s artwork valued at over $2 billion. It was reported at the time that the trustees’ fees awarded to Foley’s clients were the largest trustees’ fees awarded in the country.

Mike believes that every case involves two competing versions of the same story. Every jury and every judge is looking for a lawyer who can guide them through the facts to the correct and just outcome. It is the trial lawyer’s job to become the trusted story-teller, doing so by not only coming up with the most compelling theme for the trial but by reinforcing that theme in voir dire, with the opening statement, in every direct and cross-examination and with a closing argument that hopefully, by this point in the trial, the jury expects to hear.

Awards and Recognition

  • Selected by his peers for inclusion in The Best Lawyers in America® in the field of Commercial Litigation (since 2013)
  • Selected for inclusion to the Florida Super Lawyers® list (2011 – 2013 and 2016 – 2017)
  • Peer Review Rated as AV Preeminent®, the highest performance rating in Martindale-Hubbell® Peer Review Ratings
  • Recognized multiple times in the past by his peers as one of Florida’s Legal Elite in Florida Trend magazine
17 August 2023 Honors and Awards

Foley Attorneys Recognized in 2024 Best Lawyers in America

Foley & Lardner LLP proudly announced today that 236 of the firm’s attorneys across 20 U.S. offices have received recognition in the 2024 edition of The Best Lawyers in America©.
15 May 2023 On Trial

Connecting with the Jury: Mike Gay On Trial

In this episode of On Trial, host Christopher DeGennaro sits down with Foley senior partner Mike Gay, former chair of Foley’s national Litigation Department, with 30 years’ experience as a trial lawyer focusing on bet-the-company litigation.
18 August 2022 Press Releases

Foley Attorneys Recognized in 2023 Best Lawyers in America

Foley & Lardner LLP proudly announced that 250 of our attorneys across 20 offices have received recognition in the 2023 edition of The Best Lawyers in America.
21 December 2021 In the News

Michael Gay’s “Litigation Leaders” Profile Highlighted in Year-End Piece

Foley & Lardner LLP Partner and Chair of the Litigation Department Michael Gay was featured in an Am Law Litigation Daily article titled “Keeping the Ball Rolling: How Big Firm Leaders Continue to Manage in Uncertain Times.”
15 November 2021 In the News

Michael Gay Profiled in “Litigation Leaders” Q&A Series

Foley & Lardner LLP Partner and Chair of the Litigation Department Michael Gay was featured in Am Law Litigation Daily’s “Litigation Leaders” Q&A series, which features litigation practice leaders of the biggest firms in the country.
19 August 2021 Press Releases

Foley Attorneys Recognized in 2022 Best Lawyers in America

Foley & Lardner LLP announced today that 236 of the firm’s attorneys from 18 U.S. offices have been recognized in the 2022 edition of The Best Lawyers in America©, and 46 lawyers from 13 offices were included in the Best Lawyers: Ones to Watch list. Additionally, 14 of the firm’s attorneys received the special designation of “Lawyer of the Year,” an honor earned by only one lawyer in each practice area and metropolitan region.