Lawyer Overview

Michael Bongiorno is a partner in the firm's Securities and Litigation/Controversy Departments, and a member of the Securities Litigation and Enforcement Practice Group and the Business Trial Group. He joined the firm in 1991.

Practice

Mr. Bongiorno concentrates his practice on securities litigation and enforcement matters, as well as commercial litigation. He defends numerous domestic and foreign public companies and their officers and directors in federal and state securities litigation, investigations, and government enforcement proceedings including class action and derivative suits, and in connection with Securities and Exchange Commission, United States Attorney’s Office and other governmental investigations. In addition, he has extensive trial experience in state and federal courts, in jury and jury-waived trials, and in civil and criminal matters.

Reported cases include the dismissals of a wide variety of securities litigation matters throughout the country, as well as the successful defense at trial, on appeal, and certiorari to the US Supreme Court in a dispute involving alleged breach of fiduciary duty by an investment company.

Recent Matters

• Obtained the dismissal in 2009 of Section 11 claims against the former board of an insolvent Marshall Islands-incorporated shipping company in a class action filed against it in the Southern District of New York arising out of its initial public offering (In re Britannia Bulk Sec. Litig., -- F. Supp. 2d --, 2009 WL 3353045 (S.D.N.Y. Oct. 19, 2009))
• Obtained the dismissal as lead counsel for the defense in a securities class action in the Southern District of New York in 2008 alleging violations of the Exchange Act of 1934 (In re Optionable, 577 F. Supp. 2d 681 (S.D.N.Y.)), and successfully defended against a Rule 60 motion seeking to re-open on the same matter in 2009
• Defeated an injunction seeking to halt a substantial M&A transaction involving the sale of a publicly traded biotechnology company based on alleged incomplete disclosures, and obtained dismissal of the case
• Overturned class certification for a medical products company in “a case of first impression” in the First Circuit in the context of defining an efficient market for purposes of the “fraud on the market” doctrine in securities fraud matters; then presented live expert testimony and obtained a decision denying recertification following a full evidentiary hearing, after remand from the First Circuit
• Lead arbitration counsel in tThe successful defense and award of attorneys’ fees for a New York investment bank in a 2007 AAA arbitration in which the claimant sought over $20 million in damages as a result of alleged misrepresentations in connection with fund investments
• Successful representation of various foreign companies and their officers and directors in shipping-related and other industries in securities litigation in the United States
• Representation of a variety of life science, medical device, and biotechnology companies in securities fraud class action suits, derivative suits, regulatory investigations, and internal investigations, with regard to company disclosures related to the progress of clinical trials, disclosures related to the status of FDA approval of products, reporting of sales of medical products, various accounting matters, insider trading, and other issues

Professional Activities

• Former Special Assistant District Attorney, Middlesex County, Massachusetts

Honors and Awards

• Named a "Massachusetts Super Lawyers Rising Star" in securities in Boston Magazine

Speaking Engagements

• Guest Lecturer, Benjamin N. Cardozo School of Law: “Securities Litigation” – New York, NY – 2007, 2008

Areas of Practice

• Securities
• Litigation and Enforcement
• Litigation/Controversy
• Business Trial Group

Representative Cases

• PolyMedica

West Practice Categories

Securities Law

Bar Admissions

• New York
• Massachusetts
• New Hampshire

Education

• Harvard Law School, 1991
  JD
  Honors: cum laude
• Dartmouth College, 1988
  AB
  Honors: summa cum laude

Address

399 Park Avenue
New York, NY 10022

Phones

+1 212 937 7220 (Business Phone)

Faxes

+1 212 937 7300 (Business Fax)

Emails

Contact Us (Business Email)

Websites

www.wilmerhale.com