Photo of Michael C. Toth

Michael C. Toth Senior Counsel

Areas of Practice

Bar Admissions

  • Texas
  • New York

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, 5th Circuit
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Western District of Texas


University of Virginia School of Law, J.D., M.A., 2006

Stanford University, B.A., magna cum laude, 2001


Mike Toth is a senior counsel serving clients from Dykema’s Austin and Dallas, Texas, offices.

Mike formerly served as a special counsel to the Texas Office of Attorney General, where he developed and implemented litigation strategy in a broad range of high-profile cases involving significant executive-level deliberation on complex legal issues. Although primarily focused on commercial litigation, Mike’s unique background interacting with government agencies allows him to provide insight into federal and state regulations that few can provide. This experience also proves beneficial to emerging businesses without legal departments, when encountering compliance and risk-related matters.  

While at the Attorney General’s office, Mike developed experience in multi-state litigation, regularly working with the executive leadership of state AG offices across the country on matters involving major industries. He actively litigated in state and federal courts across Texas and achieved numerous nationwide victories in cases involving federal regulations. Mike also formerly served as a judge on the Texas Third Court of Appeals in Austin.

After graduating from law school, Mike served as a trial attorney in the United States Marine Corps. A fluent Spanish speaker, Mike completed three overseas assignments in Latin America, and served as the lead lawyer on a deployment of more than 500 sailors and Marines to eight Latin American countries. Mike remains active in the United States Marine Corps Reserves and is currently assigned to the office of the Staff Judge Advocate to the Commandant of the Marine Corps in the Pentagon.

Mike served as a Law Clerk at the federal trial and appellate level for Judge Ursula Ungaro of the Southern District of Florida and Judge Edith H. Jones of the Fifth Circuit Court of Appeals. Mike has authored numerous articles as well as a biography of the early U.S. Chief Justice Oliver Ellsworth, which was reviewed in the Wall Street Journal and other publications.

Selected Publications

"Out of Balance: Wrong Turns in Public Employee Speech"
10 U. Mass L. Rev. 346 (2015)

"Founding Federalist: The Life of Oliver Ellsworth"

Memberships & Involvement

  • AEI Leadership Network