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Michael J. Dell
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- Partner
- New York
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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.
Experience
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Represents accounting networks, accounting firms and individual accountants in PCAOB and SEC investigations and proceedings and in internal investigations.
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Represents accounting networks, accounting firms and individual accountants in defense of fraud, malpractice and other claims.
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Represents accounting firms in arbitration.
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Represents accounting firms in defense of a trustee’s claims.
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Represents a municipality in defense of SEC claims relating to bond offerings.
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Represents private equity sponsors in defense of claims by lenders.
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Represents companies and directors in shareholder activist litigation.
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Defends companies, officers and directors in securities fraud class actions.
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Represents companies and individuals in SEC and other regulatory investigations.
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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.
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Represents companies and individuals in internal investigations.
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Defends financial industry companies and professionals in customer and other securities- and derivatives-related arbitrations before FINRA and other arbitration tribunals and in court.
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Represents shareholders and companies in appraisal proceedings.
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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.
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Defends broker-dealers against class actions and other claims of fraud and stock manipulation relating to stock loan trading.
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Defends underwriters in class actions arising from public offerings.
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Represents lenders in lender liability litigation.
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Represents developers in real estate litigation.
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Represents clients in patent, breach of contract, fraud and other claims.
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Defended claims of fraud, breach of fiduciary duty and negligence, including by trustees and liquidators of bankrupt companies.
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Represents partners in partnership disputes.
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Represents clients in trust litigation.
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Represents clients in estate litigation.
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Represents clients in breach of contract, fraud and qui tam claims.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Represented a refugee applying for asylum.
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Worked with the Law Center to Prevent Gun Violence on the constitutionality of local ordinances regulating firearms dealers.
Credentials
Education
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J.D., magna cum laude, Harvard Law School, 1978 -
Associate Editorial Director, Harvard Law Review, 1977-1978
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Editor, Harvard Law Review, 1976-1977
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B.A., with honors, Oxford University, Wadham College, 1975
Bar Admissions
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District of Columbia, 1992
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New York, 1979
Clerkships
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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 – 2024)
Focus Areas
- Professional Liability Defense
- Supreme Court and Appellate Litigation
- Litigation
- Alternative Dispute Resolution
- Complex Commercial Litigation
- Patent Litigation
- Real Estate Litigation
- Securities and Shareholder Litigation
- Executive Compensation and Employee Benefits
- White Collar Defense and Government Investigations
- Financial Services Litigation
- False Claims Act Litigation
- Health Care
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