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Michael Klein

Michael Klein



  • Health Care
  • Non-Compete, Unfair Competition and Trade Secrets
  • Litigation
  • Business & Commercial

WSG Practice Industries


Texas, U.S.A.


Michael Klein is a trial lawyer in Dykema's Austin office. In his career that spans 35 years, Mr. Klein has tried over 45 matters to final award or judgment in both state and federal courts, as well as arbitration. His five most recent jury trial victories involved first-party wind-hail litigation.

In addition to first-party coverage litigation, Mr. Klein also represents insurance clients in governmental investigations, declaratory judgment actions and injunctive matters involving insurance regulatory and consumer protection issues. He has extensive experience in healthcare Prompt Pay litigation and advising clients on the implications of the statute.

Mr. Klein filed the first lawsuit to challenge the constitutionality of the Insurance Commissioner's power of restitution when the Commissioner ordered 47 insurers to pay $36 million in "restitution" to medical providers for violations of the Prompt Pay Act, in what the Texas Department of Insurance referred to as the "Prompt Pay Blitz." He has represented clients in healthcare Prompt Pay disputes, including "mass action" lawsuits involving hundreds of providers.

Mr. Klein also represents healthcare and insurance clients in network provider litigation, delegation oversight litigation and provider incentives litigation, as well as other healthcare-related litigation.

Mr. Klein's practice involves all aspects of real estate litigation, including real estate purchase and improvement contracts, real estate fraud and negligent misrepresentation litigation, real estate partnership disputes, residential and commercial construction defect litigation, commercial landlord-tenant litigation, commercial and construction site premises liability litigation, construction site accident litigation, construction site litigation related to storm water discharge, litigation regarding damages to commercial property caused by defective products, and Fair Housing Act litigation related to disparate impact claims and reasonable accommodation claims.

Mr. Klein also handles trade secret litigation matters. He has at different times represented all three parties in trade secret lawsuits.

Bar Admissions

Texas, 1981


University of Houston Law Center, J.D., 1981 The University of Texas, B.B.A., Business Honors Program, 1978
Areas of Practice

Business & Commercial | Health Care | Litigation | Non-Compete, Unfair Competition and Trade Secrets | Real Estate

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