Davitt, Michael L.

Current Employment Position(s)

Partner

Lawyer Overview

Mike Davitt's practice focuses on counseling and representing companies and their officers and directors in class action litigation involving federal and state securities claims, merger litigation, shareholder derivative actions, corporate governance matters, and SEC investigations. Mike has significant experience defending shareholder "stock drop" cases brought under federal securities fraud and state fiduciary duty laws. He also has represented companies and individuals in formal and informal SEC investigations, including in conjunction with related private shareholder litigation.

Representative clients in public matters include Atlas Energy Resources, Dell, Electronic Data Systems, Merrill Lynch, Michaels Stores, SOURCECORP, and USAA.

Mike is a member of the State Bar of Texas and the Dallas Bar Association. He currently chairs the Dallas Bar Association's Securities Section and has previously served as the section's secretary, programs chair, treasurer, and vice chair.

Mike serves as the administrative partner of the Dallas Office.

Areas of Practice

• Securities Litigation & SEC Enforcement
• Securities Fraud Class Actions
• Shareholder Derivative Actions
• Accounting & GAAP Issues
• SEC Investigations & Proceedings
• Trial Practice
• Alternative Dispute Resolution & Mediation

Representative Cases

• American Pad & Paper Company obtains dismissal of Rule 10b-5 consolidated class action , (2009)
• Dell obtains dismissal of securities litigation , (2009)
• EDS resolves consolidated securities fraud action and ERISA class action
• EDS resolves derivative class action
• Hastings Entertainment resolves securities class action
• Independent directors of Nabors Industries defend shareholder derivative action
• Michaels Stores obtains dismissal of securities class action , (2009)
• Michaels Stores obtains dismissal of securities litigation
• Michaels Stores resolves class action related to inventory write-downs
• Nu-Kote Holdings obtains dismissal of securities fraud action
• SOURCECORP resolves derivative and class actions
• SOURCECORP securities litigation dismissal upheld by 5th Circuit
• USAA defeats class certification of securities fraud class action
• USAA obtains summary judgment in putative nationwide securities fraud class action

West Practice Categories

Administrative Law, Bankruptcy Litigation, Business & Commercial Law, Capital Markets, Class Actions, Commodities, Complex Litigation, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Foreign Investment, International Trade Litigation, Litigation & Appeals, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, Private Placements, Public Offerings, Securities Fraud & Insider Trading, Securities Law, Securities Regulation, State Appellate Practice, State Trial Practice, Tax Litigation, Taxation Law, US Court of Appeals for the Federal Circuit, US Supreme Court

Bar Admissions

• Texas

Education

• Duke University
• U of Virginia- C'ville (Main)

Published Works

• SEC Renews Focus on Regulation FD, 2010
• Companies Under Seige: Securities Disputes Raise Procedural Dilemmas and Related Issues, Practice Perspectives: Securities and Shareholder Litigation & SEC Enforcement, 2007
• Rule 23(b)(3) Superiority Problems: Proceeding With Both a Class Action and Individual Suits, 2 Class Action Litig. Rep. (BNA) 295, 2001

Address

2727 North Harwood Street
Dallas, TX 75201-1515

Phones

1.214.969.2938 (Business Phone)

Faxes

1.214.969.5100 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com