Mike is a securities and business litigator whose practice focuses on value enhancement for professional investors through opt-out litigation and other direct actions. He has almost two decades of experience representing investment managers and institutional investors in cases involving securities fraud, structured finance disputes, claims for breach of fiduciary duty, and valuation litigation.
Prior to entering private practice, Mike served as a law clerk to the Honorable Jaynee LaVecchia on the Supreme Court of New Jersey.
Representative Matters and Decisions
- Successfully opposed motion to dismiss securities fraud case arising from Boeing’s alleged misrepresentations concerning the safety and the FAA’s certification of the 737 MAX. Alger Capital Appreciation Fund v. The Boeing Co., No. 2022-L-002342 (Ill. Cir. Ct. Apr. 19, 2024).
- Defeated in significant part several motions for summary judgment, as well as motions to exclude expert testimony, thus clearing the path for multi-billion-dollar securities fraud direct actions to proceed to trial in a case against a drug company that has been dubbed the “pharmaceutical Enron.” In re Valeant Pharms. Int'l, Inc. Sec. Litig., 2024 WL 708831 (D.N.J. Jan. 2, 2024).
- Defeated motion to dismiss securities fraud claims by a failed E&P SPAC, including on the issue of whether the opt-out plaintiffs could bring valuable state law claims unavailable to the class. In re Alta Mesa Res., Inc. Sec. Litig., 676 F. Supp. 3d 485 (S.D. Tex. 2023).
- In nationwide case of first impression, won motion to remand to state court case brought under the Uniform Voidable Transactions Act (formerly named the Uniform Fraudulent Transfer Act) on the basis that the fraudulent conveyance claim was improperly removed to federal court under the Securities Litigation Uniform Standards Act. GMO Trust v. Bausch Health Companies, Inc., 2022 WL 17326551 (D.N.J. Nov. 29, 2022).
- Obtained partial reversal of grant of summary judgment in a dispute concerning the distribution of proceeds from the $5.3 billion sale of the Peter Cooper Village and Stuyvesant Town. Appaloosa Inv. L.P.I. v. Fed. Home Loan Mortg. Corp., 2022 WL 2720520 (2d Cir. July 14, 2022).
- Successfully argued before United States Court of Appeals for the Third Circuit on behalf of amicus curiae in an important case involving the time limits for filing suit under the federal securities laws. The Court of Appeals agreed with and expressly relied on several of the points argued by the amicus curiae in holding that American Pipe tolling applies to individual actions filed before the issue of class certification is decided. Aly v. Valeant Pharms. Int'l Inc., 1 F.4th 168 (3d Cir. 2021).
- Defeated large portions of motion to dismiss securities fraud claims, winning a critical issue for investors as to the application of tolling to preserve timeliness of shareholder claims in case against large pharmaceutical company. MYL Litig. Recovery I LLC v. Mylan N.V., 2020 WL 1503673 (S.D.N.Y. Mar. 30, 2020). Successfully resolved claims for opt-out plaintiff before class action was later dismissed on summary judgment.
- Defeated motion to dismiss in securities fraud case arising from the failed multi-billion-dollar acquisition of Akorn, Inc. by Fresenius Kabi. Twin Master Fund, Ltd. v. Akorn, Inc., 2020 WL 564222 (N.D. Ill. Feb. 5, 2020).
- Defeated motions to dismiss securities fraud cases brought by private funds who opted out of class action filed against one of the nation’s largest non-bank mortgage servicers. Owl Creek I, L.P. v. Ocwen Fin. Corp., 2018 WL 4844019 (S.D. Fla. Oct. 4, 2018), and Broadway Gate Master Fund, Ltd. v. Ocwen Fin. Corp., 2016 WL 9413421 (S.D. Fla. June 29, 2016). In the Broadway Gate case, went on to defeat the defendant’s motion for summary judgment and litigated the claim to the brink of trial, at which point the defendant agreed to pay a substantial premium to settle the opt-out claim.
- Defeated critical aspect of Defendants’ motion to dismiss state law fraud claims in case against real estate investment trust. Fir Tree Capital Opportunity Master Fund, L.P. v. Am. Realty Capital Properties, Inc., 2017 WL 10808809 (S.D.N.Y. Dec. 14, 2017).
- Obtained a $42.5 million settlement agreement with real estate operating company VEREIT to resolve lawsuits brought on behalf of four investment fund clients that opted out of a contemporaneous class action.
- Successfully argued appeal obtaining reversal of lower court’s dismissal of trustee’s indemnification claim against sponsor of $800 million RMBS trust. Wilmington Trust Co. v. Morgan Stanley Mortgage Capital Holdings, LLC, 152 A.D.3d 421 (N.Y. App. Div. 1st Dep’t 2017).
- Successfully obtained reversal in New York Appellate Division of trial court decision dismissing senior creditors’ challenge to half-billion-dollar corporate debt exchange. GSO Coastline Credit Partners LP v. Global A&T Elecs. Ltd., 142 A.D.3d 858 (1st Dep’t 2016).
- Defeated core of motion to dismiss in securities fraud case against major gold miner. BG Litig. Recovery I, LLC v. Barrick Gold Corp., 180 F. Supp. 3d 316 (S.D.N.Y. 2016).
