Michael S. Degan

(402) 661-8635
Of Counsel
(402) 346-1148 Fax
Mike.Degan@KutakRock.com

Mr. Degan has more than 20 years’ experience handling complex commercial litigation, product liability, financial services and insurance related disputes for clients in a wide range of industries. He has tried more than two dozen jury and bench trials and has appeared in more than 30 state and federal jurisdictions. His practice includes state and federal litigation, class action and multidistrict litigation, arbitration, mediation and regulatory matters. Mr. Degan is recognized for commercial litigation by Chambers USA, The Best Lawyers in America©, Super Lawyers®, and Benchmark Litigation. He is a fellow of the Litigation Council of America and is rated AV Preeminent by Martindale-Hubbell®.

Mr. Degan also does extensive work in renewable energy, representing wind, solar and biomass energy developers and ethanol producers in transactional, regulatory, litigation and policy matters.

Representative Experience:

Commercial Litigation  

  • Won summary judgment for medical facility in defense of claims of departing physician;
  • Favorably resolved $12 million commercial claim in favor of defendant manufacturer;
  • Won summary judgment for election services consultant in “bet the company” litigation;
  • Successfully resolved $18 million international arbitration for U.S. manufacturer;
  • Won jury verdict for Texas FEMA contractor in vendor dispute;
  • Won jury verdict for Missouri grain company sued for $1.4 million in conversion suit;
  • Won summary judgment for pharmaceutical company sued for $12 million under Lanham Act.

Renewable Energy

  • Advised and represented wind energy developers on numerous projects with an aggregate generating capacity exceeding 800 MW;
  • Advised and represented solar and biomass energy developers;
  • Negotiated power purchase agreements for over 1,000 MW of renewable energy;
  • Works with state and industry leaders to develop and expand renewable energy policies;
  • Represents clients in matters before regulators.

Product Liability Litigation

  • Defended numerous product liability cases in state and federal courts for products ranging from asbestos, pharmaceuticals, medical devices, industrial equipment, and firearms;
  • Served as national coordinating counsel overseeing welding rod litigation for welding industry trade association.

Insurance Litigation

  • Successfully defended several first party and bad faith jury trials;
  • Obtained numerous declaratory judgments in coverage disputes;
  • Recovered more than $9 million as special outside counsel for the Nebraska Department of Insurance in multiple suits to recover assets on behalf of liquidated insurer.

Financial Services Litigation

  • Won dismissal of $10 million breach of fiduciary lawsuit brought by shareholders against bank officer following bank failure;
  • Defended financial advisors and producers in annuity suitability litigation;
  • Regularly defends financial advisors in transition related litigation;
  • Regularly represents financial advisors in FINRA regulatory matters;
  • Defended Colorado bank in $16 million nationwide litigation arising from purchase of bad loan portfolio.

Real Estate Litigation 

  • Won favorable trial judgment for defaulting tenant limiting damages for landlord’s failure to mitigate;
  • Won rulings in favor of developer quieting title to development site against competing interests;
  • Won jury verdict on behalf of anchor super market tenant for landlord’s bad faith withholding of consent to sublease;
  • Negotiated favorable results for building owners following casualty losses. 

Presentations:

Speaker, Bad Faith Claims: Policyholder and Insurer Perspectives
The Knowledge Group Live CLE Webcast
June 2016

Panel Moderator, Clean Power Plan Compliance Issues
2015 Nebraska Wind & Solar Conference
Omaha, NE

Panel Moderator, FERC Transmission Initiatives
2014 Nebraska Wind & Solar Conference
Omaha, NE

Panel Moderator, Nebraska’s Competitive Position for Wind Export
2013 Nebraska Wind Conference
Lincoln, NE

Panel Moderator, As Judges See It: Top Mistakes Attorneys Make in Litigation
NBI CLE Seminar
November, 2013
Omaha, NE

Speaker, Litigating Insurance Coverage Claims
NBI CLE Seminar
Omaha, NE
November, 2011

Speaker, The Future of Welding Fume Litigation
2011 GAWDA Spring Management Conference
Tampa, FL

Speaker, Developments in Welding Fume Litigation
2010 GAWDA Spring Management Conference
Chicago, IL

Speaker, Litigating Bad Faith Claims
NBI CLE Seminar
Omaha, NE
December, 2010

Presenter, Welding Fume Liability Coverage Issues
GAWDA Panel
Washington, DC
May 30, 2008

Speaker, Developments In Welding Fume Litigation
2008 GAWDA Spring Management Conference
Chicago, IL

Speaker, Developments In Welding Fume Litigation
2007 GAWDA Annual Convention
San Francisco, CA

Speaker, Developments in Welding Fume Litigation
2006 GAWDA Annual Convention
Orlando, FL

Speaker, Weathering Welding Fume Liability
2006 GAWDA Spring Management Conference
Chicago, IL

Publications:

“Adding the First Amendment to the Fire: Cross Burning and Hate Crime Laws,” 26 Creighton L. Rev. 1109 (1993)