Year Joined Organization: 2005

Lawyer Overview

Michael Feinberg is a senior associate in the firm's Litigation/Controversy and Securities Departments, and a member of the Securities Litigation and Enforcement Practice Group. He joined the firm in 2005.

Practice

Mr. Feinberg’s practice focuses on complex securities litigation, securities enforcement, internal corporate investigations and individual criminal representations. He has represented major investment banks, financial institutions and individuals in state and federal court litigations, regulatory matters before the US Securities and Exchange Commission and investigations conducted by the US Attorney’s Office. Mr. Feinberg has experience in all aspects of complex securities cases including motion drafting, witness preparation for deposition and trial and appearances before the US Securities and Exchange Commission, the US Attorney’s office and the Federal Enron Task Force.

Prior to joining the firm in 2005, Mr. Feinberg was a clerk for The Honorable Harold Baer, Jr. of the United States District Court for the Southern District of New York. Mr. Feinberg worked on civil and criminal cases on issues of federal procedure and substantive law including antitrust, bankruptcy, contracts, communications, labor & employment, insurance, intellectual property, habeas corpus, sentencing, securities, PACA, FOIA, criminal and constitutional law. He also has experience with matters of corporate and securities law including white-collar crime, bankruptcy, M&A, regulatory issues and state and federal civil procedure. Between 2003 and 2004, Mr. Feinberg was part of a criminal defense team representing an individual in a complex criminal prosecution arising out of the collapse of Enron.

Prior to attending law school, Mr. Feinberg served as the sole full-time London-based senior researcher and assistant to Ian Pearson, Member of the British Parliament and was responsible for conducting research on leading economic, political and social issues. As an undergraduate studying political science, he worked as a research and policy intern for Senator Edward M. Kennedy.

Recent Highlights

• Representation of the underwriting syndicate in a securities class action challenging prospectus disclosures in the Refco 144A private placement and initial public offering of Refco stock. The United States District Court for the Southern District of New York dismissed the claims on the grounds that the Securities Act of 1933 did not apply to Rule 144A private placements. In re Refco, Inc. Sec. Litig., 503 F. Supp. 2d 611 (S.D.N.Y. April 30, 2007); and 2008 U.S. Dist. Lexis 62543, 2008 WL 3843343 (S.D.N.Y. Aug. 14, 2008).
• Representation of three global investment banks in an action brought by the Refco Litigation Trustee alleging various state law causes of action:
  • The United States District Court for the Southern District of New York denied the Litigation Trustee’s motion to remand the action to the Circuit Court of Cook County, Illinois on the grounds that the federal courts had “related to” bankruptcy subject-matter jurisdiction and abstention was neither mandatory nor otherwise warranted. Kirschner v. Grant Thornton LLP, No. 07 Civ. 11604 (GEL), 2008 WL 1827644 (S.D.N.Y. April 21, 2008)
  • The United States District Court for the Southern District of New York dismissed the claims on the grounds that the Litigation Trustee did not have standing. Kirschner v. Grant Thornton LLP, No. 07 Civ. 11604 (GEL), 2009 WL 996417 (S.D.N.Y. Apr. 14, 2009).
• Representation of three global investment banks in an action brought by the Joint Official Liquidators of the SPhinX hedge funds alleging various state law causes of action. The United States District Court for the Southern District of New York denied the Litigation Trustee’s motion to remand the action to the New York Supreme Court on the grounds that the federal courts had “related to” bankruptcy subject-matter jurisdiction and abstention was neither mandatory nor otherwise warranted. Krys v. Sugrue, No. 08 Civ. 3086 (GEL), 2008 WL 4700920 (S.D.N.Y. October 23, 2008).

Areas of Practice

• Litigation/Controversy
• Securities
• Litigation and Enforcement

West Practice Categories

Securities Law

Bar Admissions

• New York

Education

• New York University School of Law, 2003
  JD
• Amherst College, 1999
  BA, Political Science
  Honors: magna cum laude

Published Works

• Universities and Innovation, 2000

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