Michael Bongiorno

Michael G. 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 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, particularly in matters against biotech, life science, biomaterials, medical device, and medical product companies, among other industries and areas.

His successful representations include the dismissal of cases against companies such as Tetraphase Pharmaceuticals, Inc., Apollo Education Group, Inc., ConforMIS, Inc., Britannia Bulk Holdings Inc., Optionable, Inc., DryShips Inc., InVivo Therapeutics Holdings Corp., AVEO Pharmaceuticals, Inc., VeraSun Energy Corp., EDAP TMS S.A., Medtronic, Inc., AtheroGenics Inc., and many others.

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

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

Experience :

• Successfully represented Apollo Education Group in a securities class action lawsuit filed against it based on the University of Phoenix’s military recruiting practices and its transition to a new online learning platform. The initial amended complaint was dismissed without prejudice in February, 2017, Lomingkit v. Apollo Education Group, Inc., 2017 WL 3172861 (D. Ariz. Feb. 16, 2017), and after repleading, was then dismissed with prejudice, 2017 WL 633148 (D. Ariz. July 27, 2017).
• Co-lead trial counsel for Getty Petroleum Marketing’s liquidating trust in its trial against its former parent and affiliate entities regarding the sale of the majority of Getty’s assets. After five weeks of trial in the Southern District of New York Bankruptcy Court in 2013, obtained an extremely favorable settlement for the trust
• Successful defense at trial in Superior Court in Massachusetts of a privately owned company against claims by former officer for breach of contract, fraud, and unfair trade practices, and affirmance of the judgment on appeal before the Massachusetts Court of Appeals in 2014
• Represented entire underwriting syndicate of more than twenty investment banks in dismissal with prejudice of all claims against the banks in a 2012 Southern District of New York decision
• Represented all defendants in the dismissal of a class action lawsuit filed against former officers of VeraSun Energy Corporation regarding its pricing and hedging practices. Gissin, 739 F.Supp. 2d 488 (S.D.N.Y. 2010)
• Defended a variety of direct and derivative claims against individual directors and officers alleging breaches of fiduciary duties and other similar allegations in a variety of contexts, including matters before Chancery Court in Delaware and elsewhere

EDUCATION :

• JD, Harvard Law School, 1991
• AB, Dartmouth College, 1988

ADMISSIONS : New York, Massachusetts, New Hampshire