As a trial lawyer, Michael Educate navigates all facets of dispute resolution and strategic counseling, focusing on commercial litigation and tax controversy matters. Known for his tailored, results-driven strategies, Mike helps clients achieve their goals while remaining trial-ready and prepared to see cases through to verdict.

With a versatile commercial and tax controversy practice spanning multiple industries, Michael Educate advises clients ranging from small, privately held companies to multinational enterprises. He regularly represents global retail brands, financial institutions, private equity, high-net-worth individuals, and motor vehicle manufacturers and distributors. Mike takes a hands-on approach to all of his engagements, developing and overseeing comprehensive litigation strategies at every stage from pleadings to trial. His experience in commercial litigation and tax controversy, combined with his flexible approach and collaboration with leading experts, enables him to represent clients effectively and efficiently in an array of disputes.

Mike’s tax controversy practice is predicated upon handling complex federal tax disputes and providing strategic counsel as early as the pre-audit planning stage. Marshaling his trial experience and in-depth understanding of his clients’ businesses and financial positions, Mike is exceptionally situated to handle high-stakes matters in court and before the Internal Revenue Service. Mike focuses in particular on transfer pricing matters, providing clients with sophisticated advice on their intercompany pricing strategies, documentation supporting their transfer pricing, advance pricing agreements, and litigation and trial strategies in the event of a dispute with the IRS. He has also assisted in controversies involving IRC § 385 debt-equity characterizations, tax credit transactions, the tax treatment of complex leasing transactions, and the application of economic substance-related doctrines.

He is also experienced in disputes involving asset and business valuations and other complex damages claims, including those involving globally recognized brands and highly valuable intangible asset portfolios. Mike collaborates with leading experts in corporate finance, forensic accounting, economics, valuation, and transfer pricing to deliver successful outcomes in high-stakes disputes.

Mike’s commercial trial experience extends to representing motor vehicle manufacturers and distributors in their disputes with dealerships and in managing their U.S. dealer networks. He advises on navigating the evolving legal landscape of state franchise laws, ensuring that client interests are protected in future disputes. Mike also has successfully defended his clients in cases involving dealer agreement terminations, disputes over franchisors’ decisions to add or relocate dealerships in particular markets, allegedly improper modifications of franchise relationships, and the enforcement of network-wide brand image policies and related programs.

Mike often advises on transactions designed to help clients avoid litigation. This includes out-of-court workouts and strategic acquisitions, where he acts as a lead negotiator and deal architect for private and publicly held clients. Mike has substantial experience devising innovative solutions to resolve challenges for clients operating in highly regulated industries.

Pro bono work is also a cornerstone of Mike’s practice. He has represented individuals in matters ranging from immigration and taxation to special education and family law, reflecting his commitment to using his legal experience to make a difference.

experience

  • Defense counsel for regional bank in dispute with borrower over the interpretation of fee provisions in a loan agreement. Case resolved favorably for client.
  • Defense counsel for national bank in lawsuit alleging violation of federal regulations concerning fund availability. Secured judgment in client’s favor at trial, and upheld on appeal.
  • Appeal counsel for regional bank in lawsuit seeking recovery of amounts owed on loan agreement, as well as attorneys’ fees and costs. Secured a reversal of trial court’s ruling in client’s favor.
  • Plaintiff’s counsel in private equity dispute regarding the calculation and distribution of cash flow to client. Obtained a substantial award for client.
  • Defense counsel in consumer class action dispute arising from alleged violation of Fair Credit Reporting Act. Case resolved favorably for client.
  • Defense counsel for distributor in valuation disputes regarding the fair market value of privately held franchises, where multiple trial courts ruled in distributor’s favor that valuations could not be based on post-valuation date information or on information related to other franchises for different line-makes.
  • Defense counsel for distributor in litigation involving a large, multi-faceted dealership asset and real estate buy-sell transaction, including a dispute over the proper valuation of franchises subject to distributor’s contractual right of first refusal. Obtained a preliminary injunction preserving client’s right of first refusal and won summary judgment on the buyer’s tortious interference claims.
  • Defense counsel for distributor in litigation involving allegations that distributor’s conduct had caused franchise to lose all going-concern value. Case resolved favorably for client.
  • Defense counsel for distributors in wrongful termination cases regarding the discontinuation of a motor vehicle line-make, where the trial courts dismissed the lawsuits on the pleadings and on summary judgment in clients’ favor.
  • Defense counsel for distributor in dispute over changes to sales territories. Obtained a finding of good cause in client’s favor after trial, and secured dismissal of entire lawsuit on appeal to the appellate court.
  • Plaintiff’s counsel for landlord in lease dispute involving multi-million-dollar commercial property. Case resolved favorably for client.
  • Defense counsel in patent litigation asserted against client’s products by a non-practicing entity, including a dispute over the proper estimate of a reasonable royalty rate for the at-issue patent. Case settled with a stipulation of non-infringement, requiring no payments by client, and agreeing to a full covenant not to sue.
  • Defense counsel in patent litigation asserted against client’s software by a non-practicing entity that ultimately agreed to settle the case by filing a dismissal.
  • Defense counsel in a high-profile competitor false advertising dispute arising out of the 2019 Super Bowl. Client obtained reversal of preliminary injunction by the Seventh Circuit.
  • Plaintiff’s counsel for client asserting infringement of two related patents and trade secret misappropriation against competitor. Case resolved favorably for client.
  • Plaintiff’s counsel for client asserting trade secret misappropriation against competitor. Case resolved favorably for client.
  • Defense counsel for employees accused of trade secret misappropriation. Case resolved favorably for clients.
  • Counsel for taxpayer and numerous affiliates in consolidated IRC § 482 transfer pricing disputes. Case resulted in a rare 100% transfer pricing taxpayer victory.
  • Trial counsel in dispute regarding tax treatment of $1.3 billion of IRC § 1031 like-kind exchange of assets, including valuation of purchase option included in underlying sale-leaseback structure for the exchange.
  • Advised on transfer pricing documentation and structuring, particularly relating to intellectual property as well as soft intangibles such as going concern value and good will.
  • Counsel for taxpayer and numerous affiliates in consolidated disputes regarding IRC § 385 debt-equity characterizations and withholding tax. Case resolved favorably for clients.

  • University of Chicago Law School, J.D., 2014
  • Yale University, B.A., magna cum laude, 2011

Admissions

Bar Admissions

  • Illinois
  • Minnesota

Court Admissions

  • U.S. District Court, Northern District, Illinois
  • U.S. District Court, Southern District, Illinois
  • U.S. District Court, Minnesota
  • U.S. District Court, Western District, Wisconsin
  • U.S. District Court, Western District, Michigan
  • U.S. Tax Court

Professional

  • Chicago Bar Association, 2017-present

Community

  • Daniel Murphy Scholarship Fund
    • Associate Board Member, 2020-present
  • University Club of Chicago, 2014-present

  • Best Lawyers: Ones to Watch, 2021-2025
    • Commercial Litigation
  • 40 & Under List, Benchmark Litigation, 2022-2024
  • Rising Stars Award, National Immigrant Justice Center, 2019
  • Casper Platt Award, University of Chicago Law School, 2014
  • Comments Editor, The Chicago Journal of International Law, 2014

  • “Creating Lasting Client Relationships Through Habit and Heart”
    Be That Lawyer podcast, November 7, 2024
  • “Hot Topics in International Audits and Tax Litigation”
    Chicago Tax Club Fall Seminar panel, October 2024
  • “Best Practices in Navigating Audit, Controversy, and Litigation”
    Chicago Tax Club Fall Seminar presentation, October 2023
  • “The Virtual Trial – The Good, The Bad and the Ugly”
    Chicago Bar Association webinar, October 2020
  • “Quick-Peek Reviews under Federal Rule of Evidence 502: Advantages and Disadvantages in Discovery and Privilege Disputes”
    Chicago Bar Association webinar, February 2018
  • “Transfer Pricing Litigation Round-Up”
    American Bar Association Taxation Section panel, May 2017

I love hosting Argentinian-style asados for family and friends. I also am an amateur Scotch whisky enthusiast and (terrible) golfer. But first and foremost, I am a long-suffering Bears fan.