Michael A. Toomey

Michael A. Toomey, a partner at Barrack, Rodos & Bacine, focuses his practice on complex class action litigation involving shareholder rights, corporate governance, and executive compensation issues on behalf of the firm’s clients.  He is a key member of BR&B’s corporate governance and shareholder rights practice group, having led several major deal litigation and corporate fiduciary duty cases for the firm.

Mike is also a member of BR&B’s case evaluation and client services group, analyzing the markets for emerging frauds and other corporate misbehavior on behalf of the firm’s clients and advises those clients on the merits of potential causes of action available to them.   He also maintains an active securities litigation practice and has been a key member of the litigation teams that have prosecuted major securities class actions to their landmark conclusions.  Mike has extensive experience in all phases of case origination, motion practice, document and deposition discovery, class certification, and expert discovery.

• In re American International Group, Inc. 2008 Securities Litigation, Master File No. 08-CV-4772-LTS, before the Honorable Laura Taylor Swain in the Southern District of New York, which resulted in a settlement of $970.5 million, among the largest recoveries achieved in a securities fraud class action stemming from the 2008 financial crisis.
• Pennsylvania Public School Employees’ Retirement System v. Bank of America Corp., et al., Civil Action No. 1:11-cv-733-WHP, before the Honorable William H. Pauley, III, in the United States District Court for the Southern District of New York, which settled after nearly six years of intensive litigation for $335 million.
• Shenk v. Mallinckrodt plc., et al., Civil Action No. 17-cv-00145 (DLF), before the Honorable Dabney L. Friedrich in the District of Columbia, which settled for $65.75 million notwithstanding that the company initiated proceedings in a U.S. Bankruptcy Court after the lead plaintiff had defeated a motion to dismiss and while the parties were in the midst of document discovery.
• In re Cheniere Energy, Inc. Stockholders Litigation, Consolidated C.A. No. 9710-VCL, before Vice Chancellor J. Travis Laster in the Delaware Chancery Court, which resulted in the withdrawal of a new equity compensation plan that proposed to grant executives 30 million shares, a new stockholder vote on the shares that were challenged by the litigation, and several other corporate reforms.
• Public Employees’ Retirement System of Mississippi v. Leonard S. Schleifer, et al. (Regeneron Pharmaceuticals, Inc. Derivative Case), No. 656813/2017, Part 39 (N.Y. Supreme Ct.), which resulted in significant reductions in compensation over five years to its non-employee directors and the chairman of its board, changes to rules for voting on compensation and additional governance reforms concerning director compensation.

• In re MSG Networks, Inc. Stockholder Class Action Litigation, C.A. No. 2021-0575-KSJM, before Vice Chancellor Lori W. Will in the Court of Chancery of the State of Delaware.
• In re Dentsply Sirona, Inc. Securities Litigation, Case No. 1:18-cv-07253-NG-PK, before the Honorable Nina Gershon in the Eastern District of New York.
• In re Vroom, Inc. Securities Litigation, Case No. 1:21-cv-02477-PGG, before the Honorable Paul G. Gardephe in the Southern District of New York.

• Temple University School of Law
  Philadelphia, PA  |  J.D. 2010
• Tufts University
  Medford, MA |  B.A. 2005

• New York, 2010
• New Jersey, 2010
• United States District Court for the Southern District of New York
• United States District Court for the Eastern District of New York

• The August 2008 Battle of South Ossetia:  Does Russia Have a Legal Argument for Intervention?, Temp. Int’l & Comp. L.J., Vol. 23, no. 2