Michael J. Agoglia’s practice is concentrated in complex civil litigation, with an emphasis on consumer class actions. Mr. Agoglia had primary responsibility for Morrison & Foerster’s engagement as national coordinating counsel by the Mortgage Bankers Association of America in connection with over 250 class action suits against mortgage companies around the country. He also represents or has represented numerous mortgage bankers and other financial institutions in a wide range of cases, and before a wide range of tribunals and agencies. He has won dispositive motions and/or defeated class certification in dozens of cases for his clients at the trial court level. He has participated in and tried a variety of cases. He has also argued and won numerous appeals in the Ninth and Eleventh Circuits.

Mr. Agoglia is frequently asked to speak on topics concerning financial services litigation. He was first associated with Morrison & Foerster in 1991, and since then has worked in the Litigation Department. In 1998, he became a partner of the firm. Currently, Mr. Agoglia is Managing Partner of the San Francisco office.

• Nationwide Class Action Coordinating Counsel
  After a nationwide search, Morrison & Foerster was chosen to serve as national coordinating counsel for the Mortgage Bankers Association with respect to over 250 class actions challenging lender-paid compensation to mortgage brokers. Mr. Agoglia spearheaded the project, including by developing the core defense strategy and exemplar defense materials, organizing and participating in appellate litigation, and leading the efforts to successfully prompt HUD to issue a clarifying Policy Statement in 2001. With the firms’ assistance, the mortgage lending industry uniformly defeated class certification and the threat of catastrophic liability.
  
  
• WFS Financial, Inc. v. Dean, 79 F. Supp. 2d 1024 (W.D. Wis. 1999).
  Following months of strategic planning, filed suit to enforce the OTS regulations extending rights of preemption to operating subsidiaries of federal savings associations to the same extent as their parents. In the first decision to address the validity of these regulations, the court granted summary judgment in favor of WFS over the strenuous objection of the state regulators. The decision cemented the right of operating subsidiaries to enjoy OTS preemption.
  
  
• Hewlett v. PNC Mortgage
  Tried fair lending challenge to mortgage company’s sale of REO property in federal court. Obtained a complete defense verdict at trial, and obtained an affirmance in the Ninth Circuit Court of Appeals.