Michael B. Hayes
Philadelphia Office

1735 Market Street
21st Floor
Philadelphia, PA 19103-7505

P: 215-772-7211
F: 215-772-7620


Michael B. Hayes is chair of Montgomery McCracken’s E-Discovery Practice Group and a partner in the firm’s Litigation Department. Michael’s practice concentrates on commercial litigation, government and corporate investigations. Michael is frequently called upon by clients and colleagues to provide legal expertise and consultation concerning electronic discovery issues. He is a frequent speaker and writer on cutting-edge electronic discovery issues and takes great pride in successfully navigating clients through the discovery process.

Michael has represented business entities and individuals in various complex commercial disputes, both in federal and state courts. In addition, he is well-versed in the provisions of the False Claims Act, the Food, Drug and Cosmetics Act, the Anti-Kickback Statute, consumer protection statutes and related case law. His representations have included the defense of life science and other entities in qui tam or “whistleblower” suits, consumer fraud class actions and government investigations.

Selected Publications

Selected Speaking Engagements

  • Speaker, “In-House Counsel and Protecting Attorney-Client Privilege in Investigations and Litigation,” Webinar, January 9, 2019
  • Speaker, “Privileged Material in Audits and Investigations: Protecting Attorney-Client Communication and Work Product,” Webinar, November 7, 2018
  • Speaker, “Cybersecurity: A Mid-Year Legal Review,” June, 25, 2015
  • Speaker, “New York E-Discovery Workshop,” May,13, 2015
  • Panelist, “Internal Investigations: Perspectives, Immediate Steps & The Long Haul,” Northeast Corporate Counsel Forum, April 20, 2015
  • Speaker, “In-House Counsel and Attorney-Client Privilege,” Strafford Publications, Inc., December 2014
  • Panelist, “The Ethics of Pro Bono Service,” Volunteers for the Indigent Program Pro Bono Opportunities Event, October 2014
  • Panelist, “Information Governance in a Big Data World,” Technical Advisory Service for Attorneys, April 2014
  • Panelist, “Dealing With Difficult Clients: How To Recognize, Communicate With And Manage Different Types Of Problem Clients,” Philadelphia Bar Association’s Bench-Bar & Annual Conference, October 2013
  • Speaker, “Tackling the Tiger of E-Discovery: Real-World Perspectives from the Bench, Bar and Consultant/Vendor Worlds,” Pennsylvania Bar Institute CLE program, August 2013
  • Panelist, “Preparing for and Defending Consumer Fraud Product Labeling Class Actions,” Montgomery McCracken CLE program, January 2013
  • Speaker, “Facebook Crawls in Courtroom Walls,” Temple Law Alumni Association CLE program, June 2013
  • Co-presenter, “In-House Counsel and the Attorney-Client Privilege: Protecting Confidential Information in Business Communications, Depositions and Litigation,” Strafford CLE program, June 2013
  • Presenter, “Preparing for and Defending Big Food Lawsuits,” Montgomery McCracken CLE program, November 2012
  • Panelist, “Promoting Proportionality in High Stakes Litigation and Government Investigations,” Second Annual e-Discovery for the Life Sciences Industry seminar, February 2012
  • Presenter, “Protecting Sensitive Client Information,” Strafford Publications, Inc. webinar, January 2012

Community Involvement

Michael proudly serves as a Captain in the United States Army Reserve Judge Advocate General’s Corps. In addition, Michael is an active member of the Philadelphia Bar Association, where he has held multiple leadership positions including serving as its Parliamentarian, as an elected member of its board of governors, as chair of its Young Lawyers Division and as an investigative team leader for the Association’s Commission on Judicial Selection and Retention. Michael is also the President for the Homeless Advocacy Project Board of Directors.  Finally, Michael serves his community as a volunteer member of the Cheltenham Township Planning Commission, as an alternate member of the Township Zoning Hearing Board, and as an adult volunteer leader for Boy Scout Troop 304.

Honors & Awards

Every year since 2010, American Lawyer Media has named Michael a Pennsylvania Super Lawyer in the area of civil litigation/defense. In 2012, the Judges of the First Judicial District of Pennsylvania selected Michael to receive the Court’s Pro Bono Publico Award for his pro bono representation of several Philadelphia families put at risk of losing their homes by the fraudulent actions of an unscrupulous landlord.  In 2009, Michael was named a Pennsylvania “Lawyer on the Fast Track” by American Lawyer Media. In 2006, he was selected to become a State Fellow of the American Bar Foundation. In 2003, the Young Lawyers Division of the Pennsylvania Bar Association presented Michael with its Michael K. Smith Excellence in Service Award.

Academic Achievements

Michael received his J.D. in 1998, cum laude, from the Beasley School of Law at Temple University where he served as a member of the Temple Law Review. He is a 1994 graduate of La Salle University where he received a B.A. in English and was a member of the University’s Honors Program and the National English Honor Society.