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Michael Swartz
Partner and Litigation Co-Chair at Schulte Roth & Zabel LLP
Professional Background
Michael Swartz is a highly accomplished attorney and partner at Schulte Roth & Zabel LLP, where he serves as the co-chair of the Litigation Group and leads the shareholder activism litigation practice. With over a decade of professional experience, Michael specializes in complex commercial litigation and antitrust issues tied closely to mergers and acquisitions. His extensive understanding of litigation encompasses shareholder activist litigation, M&A litigation, corporate control disputes, and securities litigation. Michael possesses a wealth of knowledge concerning critical elements of the Securities Exchange Act, notably Sections 10(b), 13(d), 14(a), 16(b), and 20(a). He is applauded for his exemplary work and recognized by peers and clients alike in major legal publications such as Benchmark Litigation, The Legal 500 US, and New York Super Lawyers, specifically for his contributions to business litigation.
Education and Achievements
Michael earned his Juris Doctor (J.D.) from the prestigious Columbia Law School, where he honed his legal expertise and developed a strong foundation in corporate law. Prior to his legal education, he completed his Bachelor of Arts (B.A.) degree at the University of California, Los Angeles (UCLA), adding a strong liberal arts background that complements his analytical and critical thinking skills, vital to a successful legal career.
Michael's legal journey reflects a commitment to excellence and professionalism. He previously served as an associate at Sullivan & Cromwell LLP, a well-respected law firm that specializes in complex financial and commercial litigation. Furthermore, he distinguished himself as a Law Clerk to the Honorable Irving R. Kaufman at the U.S. Court of Appeals for the Second Circuit, an experience that provided him with invaluable insights into the judicial process and shaped his legal acumen.
Notable Case Highlights
Throughout his career, Michael has successfully represented numerous high-profile clients, achieving landmark victories in the legal arena. Some standout cases in his recent work include:
- Trian Fund Management: Michael played a crucial role in navigating the largest proxy contest to date, successfully securing the election of CEO and founding partner Nelson Peltz onto Procter & Gamble’s Board of Directors. This case is a testament to Michael's expertise in shareholder activism and significant corporate governance matters.
- VenBio: In a notable proxy litigation, Michael successfully secured seats for a majority of the board members at Immunomedics, while also obtaining a temporary restraining order (TRO) that effectively blocked the closing of a global license transaction that could have led to a potential sale of the company. Such achievements highlight his ability to manage complex litigation strategically.
- Cerberus Capital Management: Michael represented Cerberus in M&A litigation involving 14 prospective shareholder class action lawsuits aimed at blocking Albertsons' massive $9.2 billion acquisition of Safeway.
- Vivendi Universal: He represented the former CFO of Vivendi Universal in a challenging four-month securities class action jury trial initiated by a class of French shareholders and holders of American depository shares. Michael and his team successfully obtained a favorable verdict for their client – a rarity in securities litigation, as only 16 out of nearly 5,000 class actions filed since 1995 have gone to verdict.
- Criterion Capital Management: Michael achieved a landmark victory by obtaining the first dismissal in the country of a Section 16(b) claim, establishing a precedent based on the Registered Investment Adviser exemption for Criterion Capital Management. His insights into specific legal clauses and their practical implications were instrumental in this case.
- Marlin Equity Partners: Michael expertly represented Marlin in M&A litigation, dealing with five proposed shareholder class actions and appraisal actions linked to its acquisition of Bazaarvoice. His strategic approach contributed to a successful navigation through critical legal complexities in this significant corporate acquisition.
Michael Swartz's impressive career reflects a profound understanding of litigation intricacies and a passion for achieving favorable outcomes for his clients. His recognition by influential legal rankings not only highlights his skills but also emphasizes his commitment to providing top-notch legal services in the fields of commercial litigation and antitrust on behalf of clients seeking guidance in today's competitive corporate environment.