Member of the Bar of New York, Massachusetts, U.S. Court of Appeals for the Second Circuit and the U.S. District Courts for the Southern and Eastern Districts of New York and the Eastern District of Michigan
As an associate at Skadden Arps, Michael was involved in litigation arising from contests for corporate control and cases brought under the federal securities laws. After leaving Skadden Arps in 1993, Michael went on to found Shapiro Forman Allen & Sava LLP.
Michael’s practice has focused on large commercial disputes, disputes between hedge funds and prime brokers, litigation and arbitrations involving the severance rights of discharged members of senior management and the defense of officers, directors and audit committee members in class actions brought under the Federal Securities laws. Representative matters include:
• Lead counsel for Ambac Assurance UK Limited in an action against J.P. Morgan Investment Management, Inc. The action sought substantial damages relating to the defendant’s alleged mismanagement of an investment portfolio. Following the trial court’s dismissal of the action, Allen Miller successfully obtained from the Appellate Division, First Department, an order reinstating all of Ambac’s claims. The Appellate Division’s decision and order is reported as Ambac Assurance UK Limited v. J.P. Morgan Investment Management, Inc., 88 A.D.3d 1 (1st Dep’t 2011). Shortly before trial commenced in March 2017, the trial court granted Ambac summary judgment on one of the core issues in the case. The action was settled on confidential terms during trial.
• Appointed in August 2011 by the Chancellor of the Delaware Chancery Court as Liquidating Trustee for Utilisave, LLC. Retained new management and accountants to help marshal assets and stabilize the Company pending efforts to sell the Company or liquidate its assets in an orderly fashion. Engagement concluded in July 2012 with Court approval of the transaction recommended by the Liquidating Trustee.
• Lead counsel in a successful FINRA arbitration for two former employees of a large investment firm seeking the payment of a substantial bonus from their former employer. Also obtained a decision dismissing an action filed by the investment firm, which sought to shift its responsibility to pay the bonus to an entity owned by the two former employees. The decisions are reported as Aaron v. Neuberger Berman, LLC., FINRA Case No. 09-02269, 2010 WL 5552403, (December 23, 2010) and Neuberger Berman, LLC v. EMM Group, LLC, 73 A.D.3d 542 (1st Dep’t 2010).
• Member of a team of attorneys representing Rabobank in a half-billion dollar fraud action against Royal Bank of Canada arising from the sale of Enron-related securities.
• Successfully defended Maguire Properties, Inc., a large commercial real estate developer in Los Angeles, in an action brought by one of its former mezzanine lenders. That matter is reported as Anthracite Capital, Inc. v. MP-555 W. Fifth Mezzanine, LLC, 2005 WL 1155418 (S.D.N.Y., May 17, 2005), aff’d, 2005 WL 3470314 (2d Cir. Dec. 20, 2005).
• Member of a team of attorneys charged with conducting an internal investigation on behalf of the Special Litigation Committee of AIG in connection with its restatement of the company’s financial statements.