Michael S. Doluisio

Michael S. Doluisio, co-chair of the U.S. Asset Management Litigation/Enforcement practice group, has more than 25 years of experience in trial and appellate matters. He is recognized as a leading lawyer by Chambers USA and is described by clients as a “securities litigation specialist” who “regularly represents clients in securities class and derivative class actions.” Since 2012, Benchmark Litigation has identified Mr. Doluisio as a “litigation star,” and since 2014 he has been recognized by Legal 500 US for his securities litigation practice. He is also ranked in The Best Lawyers in America for commercial litigation and insurance litigation.

Mr. Doluisio regularly represents businesses in a wide range of industries, including financial services, mutual fund, hedge fund, and private equity. He has significant experience with complex commercial litigation, corporate litigation, financial services litigation, antitrust, internal investigations, securities litigation, shareholder derivative litigation, actions involving mergers and acquisitions, and business tort actions. He has tried cases in federal and state courts and argued a number of appeals.

Selected Corporate Governance and Shareholder Actions

Delaware Chancery Court Fiduciary Duty Trial: Representation through trial of Delaware LLC member in connection with claims alleging numerous breaches of fiduciary duty and contract.
Remy International Fiduciary Duty Arbitration: Represented leading automotive parts manufacturer in connection with three week arbitration involving contract and breach of fiduciary duty claims brought by one of manufacturer's international joint venture partners.
President of Freddie Mac: Representation of president of Freddie Mac in connection with securities class action alleging misrepresentations regarding subprime mortgages.
International Bottling Company: Representation of bottle manufacturer in connection with securities class action arising out of manufacturer's IPO.
Technology Incubator: Represented Safeguard Scientifics in connection with securities class action, resulting in denial of class certification and summary judgment for defendants.

Actions Involving Funds and Asset Managers

Leading Public REIT Arbitration: Represented public REIT in connection with a three week arbitration that produced more than US$175 million in shareholder value from third party professionals and service providers.
Puerto Rico Bonds Litigation: Represented hedge fund in connection with preliminary injunction proceedings involving Puerto Rico bond defaults.
Leveraged Buyout “Clawback” Litigation: Represents more than 20 mutual fund families in connection with litigations arising out of the bankruptcies of the Tribune Company and the Lyondell Chemical Company; serves as mutual fund liaison counsel on the executive committee of defense counsel in the Tribune litigation.
Fixed Income Mutual Funds: Represented major mutual fund family and its senior executives in connection with securities class actions alleging billions of dollars of losses arising out of the funds’ disclosures regarding mortgage backed securities, credit default swaps, and total return swaps.
Mutual Fund Excessive Fees Litigation: Represented mutual fund advisor and trustees in connection with claims arising under Section 36(b) of the Investment Company Act.
Municipal Bond Mutual Funds: Represented major mutual fund family and its senior executives in connection with securities class actions alleging billions of dollars of losses arising out of municipal bond mutual funds’ disclosures regarding the funds’ risks and investments in derivatives, real estate development bonds, and other volatile securities.
Directors of Cayman Islands-based hedge fund: Represented directors of hedge fund in connection with litigation brought by bankruptcy trustee alleging fraud by investment manager.
Venture Capital Firm: Represented venture capital firm in connection with investor action alleging securities fraud, RICO, and various commercial torts, resulting in dismissal of all claims.

Selected Complex Commercial Actions

Leading Investment Bank in Connection with Subprime Litigation: Represented JPMorgan in an action by the Chapter 7 trustee of American Business Financial Services, a failed subprime lender, alleging fraud and seeking more than US$1 billion in damages.
Commercial Real Estate Intermediary: Representation of HFF, Inc. in connection with numerous disputes regarding commercial real estate and its financing.
Adelphia Communications Corporation: Represented Adelphia in connection with claims against its former auditor, resulting in one of the largest accounting malpractice settlements in the U.S.
Nationwide Insurance Appeal: Representation of leading insurance company in connection with appeal from one of the largest insurance bad faith verdicts in Pennsylvania history.
Leading software manufacturer: Represented leading software manufacturer in a matter brought by customer to enforce a poison pill provision in a software license agreement, resulting in summary judgment in favor of defendant.