Michael Bongiorno

Practice Areas

Michael Bongiorno concentrates his practice on securities litigation and enforcement matters. He has served as first-chair lead defense counsel and argued motions to dismiss in dozens of securities class action and derivative suits across the country, as well as many appeals affirming dismissals in federal and state courts. His clients have achieved dismissal in the vast majority of such matters. His successful defense in such cases spans a variety of industries and jurisdictions, and he is a recognized leader in securities litigation and enforcement matters, particularly in matters against biotech, life science, biomaterials, medical device, and medical product companies, and has handled cases in many other industries and areas as well, including energy, construction, education, technology, shipping, and retail.

He has achieved numerous substantial victories in the past two years, including a landmark ruling in the Supreme Court of Delaware upholding the validity of a Federal Forum Provision in a client’s corporate charter; the affirmance of dismissals of three securities class actions after appellate oral arguments in United States Courts of Appeals (two in the Second Circuit, one in the First Circuit); and the dismissal of eleven different securities class actions in various federal district courts (including the Southern District of New York, Eastern District of New York, Northern District of California, District of New Jersey, and District of Massachusetts).

His successful representations as lead defense counsel in securities class actions include the dismissal of cases against companies such as Synacor, Inc., Top Ships, Inc., Ocular Therapeutix, Inc., Assertio, Inc., Glencore PLC, Golar LNG, Limited, Electronics for Imaging, Inc., Solid Biosciences, Inc., Argos Therapeutics, Inc., Tetraphase Pharmaceuticals, Inc., Apollo Education Group, Inc., Nabriva Therapeutics, PLC, ConforMIS, Inc., Britannia Bulk Holdings Inc., Optionable, Inc., DryShips Inc., InVivo Therapeutics Holdings Corp., AVEO Pharmaceuticals, Inc., VeraSun Energy Corp., Technical Olympic, S.A., EDAP TMS, S.A., Medtronic, Inc., AtheroGenics, Inc., and many others, in over a dozen jurisdictions around the country.

Mr. Bongiorno also has extensive experience leading internal investigations and securities regulatory and enforcement matters, including matters before the Securities and Exchange Commission, the Department of Justice and FINRA. He regularly advises boards of directors and board committees with regard to corporate governance and matters related to litigation, enforcement, regulatory issues, derivative and document demands, and crisis management.

Mr. Bongiorno has substantial trial experience in federal and state courts in various contexts. Trial successes include the defense of a company and its officers against fraud and other related claims in Massachusetts Superior Court (affirmed on appeal), and a five-week trial in the US Bankruptcy Court for the Southern District of New York regarding corporate governance and fiduciary duty claims (resulting in an extraordinarily favorable settlement for his clients). He has tried more than 20 civil and criminal matters in his career in various tribunals, including federal and state court jury trials, bench trials, as well as AAA and FINRA arbitrations.

Personal

JD, cum laude, Harvard Law School, 1991; AB, summa cum laude, Dartmouth College, 1988