Mitchell P. Hurley is a trial lawyer with more than 20 years of experience handling a wide range of complex commercial, securities and capital markets disputes in federal and state courts and before domestic and international arbitral tribunals. He regularly represents private equity funds and their portfolio companies, hedge funds and other clients in:
- Breach of fiduciary duty and illegal dividend and stock repurchase cases.
- Enterprise valuation disputes.
- Fraudulent conveyance and other debtor and creditor matters.
- Class actions, securities and consumer fraud matters.
- Tortious interference and other business tort cases.
- Working capital and purchase price adjustment disputes.
Mitch is a member of the firm’s Arbitration Practice Group Steering Committee, serves on the firm’s Hiring Committee and acts as summer associate assigning partner for the New York office.
- Regularly represents Fortune 50 companies and executives, investment funds, professionals, investors and portfolio companies, as well as committees and ad hoc groups in financial restructuring matters.
- Trial lawyer focused on capital markets, corporate governance, valuation, M&A and other corporate and commercial disputes.
- Represented the world’s largest beverage company in a putative class action alleging violations of New York State’s returnable container act and consumer fraud statute, obtaining dismissal of all claims.
- Served as lead counsel for a prominent hedge fund in a successful effort to enjoin Apple Inc. from proceeding with a shareholder vote based on an illegally bundled proxy statement and proxy card.
- Represented a portfolio company of a private equity firm in a purchase price adjustment arbitration relating to the acquisition of an original equipment manufacturer. After an evidentiary hearing involving numerous witnesses and exhibits, the arbitrator issued a 90-page reasoned decision that accepted our client’s legal and factual contentions and granted a substantial award, including the costs of arbitration.
- Represented a public company as lead litigator in connection with a putative stockholder demand for books and records under Delaware General Corporate Law Section 220.
- Served as lead trial counsel in a breach of fiduciary duty and stock valuation trial spanning three months in the New York State Commercial Division on behalf of private equity sponsor defendants. The trial featured cross-examinations exposing critical flaws in plaintiff’s discounted cash flow analysis and demonstrating that “cause” existed to terminate a former CEO’s employment. At the conclusion of trial, plaintiff agreed to settle claims that he initially valued at more than $100 million for less than the estimated amount of defendants’ fees to complete post-trial briefing.
- Acted as lead counsel defending breach of fiduciary duty, breach of operating agreement and fraud claims brought by a former investment professional against a $40 billion private equity fund. The case settled on favorable terms for the fund the night before the five-day arbitration hearing was scheduled to commence before a panel that included a former Chairman of the Securities and Exchange Commission (SEC) and a former Delaware Supreme Court judge.
- Co-lead litigation counsel representing unsecured creditors’ committee in connection with multi-billion dollar claims for, inter alia, breach of fiduciary duty, fraudulent conveyance and illegal stock repurchases and dividends arising in connection with leveraged buyout of publicly traded retail and wholesale fashion company.
- J.D., New York University School of Law, 1996
- B.A., Gonzaga University, magna cum laude, 1992
- New York
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