• Michael J. Dell is a leading trial and appellate lawyer who has been successfully resolving business disputes and regulatory matters for his clients for more than 30 years. Michael represents corporations, accounting firms, financial services firms and individuals in civil litigation in state and federal courts, in internal investigations, and in connection with investigations and enforcement proceedings before government and regulatory agencies, including the Securities and Exchange Commission (SEC) and the Public Company Accounting Oversight Board (PCAOB). His work on behalf of his clients involves a broad range of issues, including securities, accountants’ and auditors’ liability, breach of contract, corporate governance, commercial, constitutional, real estate, insurance, lender liability, patents and intellectual property, False Claims Act, ERISA, fiduciary and employment, antitrust, and trusts and estates matters. Michael has a broad international practice and has represented clients from and in every continent and region.

    A skilled advocate, Michael has extensive experience representing clients in alternative dispute resolution (ADR) proceedings, including arbitrations and mediations before the Financial Industry Regulatory Authority (FINRA), the American Arbitration Association, the International Center for Dispute Resolution, JAMS, the CPR Institute for Dispute Resolution and other ADR forums. Although he more often represents defendants, Michael has also secured many judgments and settlements on behalf of plaintiffs.

    Benchmark Litigation, Chambers USA and Legal 500 United States have repeatedly recognized Michael as a leading litigator. Chambers has praised Michael for his broad litigation practice, including his experience and work in securities and accountants’ liability matters. Chambers notes that Michael handles “an impressive selection of internal investigations and representations before regulatory bodies both domestic and international” and that clients “offer enthusiastic evaluations.” For example, Michael is “a very smart and very capable lawyer,” “a real trial lawyer and very hard-working,” “an incredibly well-rounded lawyer” and “an extremely articulate and capable attorney who can understand complex matters quickly.” Michael “is very careful,” “really sees every angle” and “sees things that others often don’t.” Michael “has a great sense of the different elements of a case,” is “extremely organized and balanced in very complex matters that had a lot of nuances and tentacles,” and “has taken on cases that are often particularly challenging with unique sets of facts and novel legal issues. He is very good at digging into the details, but also at stepping back and grasping the bigger picture.”

    Michael is a “go-to guy” for “challenging enforcement matters with U.S. regulators” and a “solid choice for auditors and accounting firms in actions by the SEC and PCAOB, as well as equivalent foreign regulators in cross-border proceedings.” Michael is “an excellent practitioner who does outstanding work in audit defense.” He is “extremely hardworking and dedicated” and “a very good advocate and writer and a true subject matter expert.” Michael “is often involved in major regulatory matters as well as securities litigation, and represents leading clients in the accounting and financial services sectors.”

    Chambers also observes: “Clients describe Michael as ‘thoughtful, sincere, patient, unflappable, consistent and completely responsive,’ adding that ‘[h]e is very much a team player and brings so much quality’ and that ‘[w]orking with him was an extremely positive experience due to his high professionalism, vast experience with regulators, and willingness to always provide timely responses.’” Michael is “the consummate professional: very calm and thoughtful and able to think ahead,” as well as “very collaborative, always available and very smart.” Michael is “very efficient,” has “an excellent grasp of the issues and the facts” and “brings a lot of value.”

    Benchmark Litigation reports that “at the trial and appellate level [Michael] earns resounding praise, with one peer stating, ‘Michael is a consummate pro, just into his work, not out there throwing bombs, just quietly doing a great job protecting his clients.’” Benchmark Litigation named him a Second Circuit Litigation Star in 2013. 

    Legal 500 US lists Michael as a leading trial lawyer and has named him to its Hall of Fame in Securities Litigation and General Commercial Disputes, explaining that clients report he is “really outstanding,” he “has delivered exceptional service,” he is “always available,” he submits “cogent and erudite legal briefs,” and he “is easily among the small handful of our ‘go-to’ attorneys to address the most significant legal issues facing our industry.” Michael “does ‘consistently high-quality work and does a really good job developing consensus in a case,’” he “is noted for his ability to ‘anticipate how the other side will react,’” he is “client-oriented and highly experienced,” he is “very knowledgeable, thorough, experienced and approachable,” and he is an “‘extremely effective litigator’ who is praised for his ‘excellent judgment’ and for ‘combining excellent legal advice with a great deal of industry knowledge.’”

    Experience

    • Represents accounting networks, accounting firms and individual accountants in PCAOB and SEC investigations and proceedings and in internal investigations.

    • Represents accounting networks, accounting firms and individual accountants in defense of fraud, malpractice and other claims.

    • Represents accounting firms in arbitration.

    • Represents accounting firms in defense of a trustee’s claims.

    • Represents a municipality in defense of SEC claims relating to bond offerings.

    • Represents private equity sponsors in defense of claims by lenders.

    • Represents companies and directors in shareholder activist litigation.

    • Defends companies, officers and directors in securities fraud class actions.

    • Represents companies and individuals in SEC and other regulatory investigations.

    • Represents the Securities Industry and Financial Markets Association as amicus curiae, including in appeals in the Second, Fifth, Ninth and Tenth Circuits and in the U.S. Supreme Court.

    • Represents companies and individuals in internal investigations.

    • Defends financial industry companies and professionals in customer and other securities- and derivatives-related arbitrations before FINRA and other arbitration tribunals and in court.

    • Represents shareholders and companies in appraisal proceedings.

    • Defends a hedge fund and other administrators and directors against class action and other claims for stock manipulation, death-spiral financing, and other alleged wrongdoing.

    • Defends broker-dealers against class actions and other claims of fraud and stock manipulation relating to stock loan trading.

    • Defends underwriters in class actions arising from public offerings.

    • Represents lenders in lender liability litigation.

    • Represents developers in real estate litigation.

    • Represents clients in patent, breach of contract, fraud and other claims.

    • Defended claims of fraud, breach of fiduciary duty and negligence, including by trustees and liquidators of bankrupt companies.

    • Represents partners in partnership disputes.

    • Represents clients in estate litigation.

    • Represents clients in breach of contract, fraud and qui tam claims.

    • Represents New York State Bar Association, New York County Lawyers Association, Bronx County Bar Association, Queens County Bar Association, Richmond County Bar Association, Assigned Counsel Association of New York, Macon B. Allen Black Bar Association and Latino Lawyers Association of Queens County in lawsuits in the Supreme Court, New York County, for declaratory and injunctive relief against the State and City of New York to prevent the continuing violation of the constitutional right of children and indigent adults to meaningful and effective legal representation by assigned private counsel in family and criminal court proceedings.

    • Represents the American Medical Association, the American Academy of Pediatrics and other medical organizations and physicians in amicus briefs supporting gun safety, including in the U.S. Supreme Court, the Seventh Circuit and the Fourth Circuit.

    • Represents leaders of the Philadelphia medical community as amici curiae in Pennsylvania Supreme Court in support of claims by Philadelphia and families of victims of gun violence against Pennsylvania’s ban on gun violence ordinances.

    • Represented 10 emergency physicians and trauma surgeons as amici curiae in the Connecticut Supreme Court in support of claims of families of Sandy Hook victims against makers and sellers of the AR-15 military assault rifle.

    • Represented Everytown for Gun Safety as amicus curiae in Wisconsin Supreme Court in support of a negligence claim by the daughter of a shooting victim against the website on which the purchase of the gun was arranged, and in the New York Court of Appeals in support of a claim by a victim of gun violence.

    • Represented Pen America as amicus curiae in the Sixth Circuit Court of Appeals in support of Detroit public school children’s constitutional right of access to literacy.

    • Represented 10 women who had abortions as amici curiae in the U.S. Supreme Court in support of petitioners in June Medical Services v. Gee, and 10 women who had abortions in support of petitioners in Whole Women’s Health v. Cole.

    • Represented, with the Center for Reproductive Rights and Planned Parenthood, clinics challenging Tennessee’s abortion delay law in trial and challenging Tennessee’s executive order barring procedural abortions during the COVID-19 pandemic, in the Middle District of Tennessee and the Sixth Circuit Court of Appeals.

    • Represented four immigration rights lawyers and a clinical psychologist as amici curiae in the Fourth Circuit Court of Appeals in support of a challenge to the authority of the Office of Refugee Resettlement to determine without due process that children from abroad should be detained because available parents or legal guardians are allegedly unfit to care for the children.

    • Represented a refugee applying for asylum.

    • Worked with the Law Center to Prevent Gun Violence on the constitutionality of local ordinances regulating firearms dealers.

    Credentials

    Education

    • J.D., magna cum laude, Harvard Law School, 1978
      • Associate Editorial Director, Harvard Law Review, 1977-1978
      • Editor, Harvard Law Review, 1976-1977
    • B.A., with honors, Oxford University, Wadham College, 1975

    Bar Admissions

    • District of Columbia, 1992
    • New York, 1979

    Clerkships

    • Honorable Stanley A. Weigel, U.S.D.C., Northern District of California, 1978 - 1979

    Court Admissions

    • U.S. Supreme Court
    • U.S.C.A., 2nd Circuit
    • U.S.C.A., 3rd Circuit
    • U.S.C.A., 4th Circuit
    • U.S.C.A., 5th Circuit
    • U.S.C.A., 6th Circuit
    • U.S.C.A., 7th Circuit
    • U.S.C.A., 8th Circuit
    • U.S.C.A., 9th Circuit
    • U.S.C.A., 10th Circuit
    • U.S.D.C., Eastern District of New York
    • U.S.D.C., Southern District of New York
    • U.S.D.C., Western District of New York

    Professional Affiliations

    • American Foundation for Firearm Injury Reduction in Medicine, founding Board Member
    • New York City Bar Association
    • Practising Law Institute, Lecturer on Ethics for Commercial Litigators, Ethics in Banking and Financial Services, and Ethics for Corporate Counsel (2008 – 2023)
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