AREA OF PRACTICE

Litigation & Commercial Disputes

Biography

Michael Winograd is a partner in the Litigation Practice group. Michael has twenty years of experience representing large corporations and financial institutions, as well as their directors and officers, in high stakes litigations. His practice includes a broad range of commercial, securities, bankruptcy, and other complex civil litigation, as well as regulatory proceedings and internal investigations.

Michael has litigated in federal and state courts throughout the United States and before domestic and foreign arbitration panels and regulatory agencies. He has successfully litigated matters through judgment, negotiated settlements, and represented clients on both sides of expedited applications for emergency relief. He also routinely counsels entities and their boards on strategy and risks in connection with potential disputes and transactions.

Michael spent the first nearly two decades of his career as a litigator at large, international law firms. He has been an adjunct professor of law at the Fordham University School of Law since 2003, where he teaches Legal Writing and Research for LL.M.s. Prior to law school, Michael played professional soccer in Israel, coached men’s soccer at the University of Richmond, and co-started up a second division professional A-League soccer franchise. In 2018, he was a second-ballot candidate for President of U.S. Soccer after a national campaign that garnered widespread praise.

Representation

Samsung Display Co. – Represented Samsung in large international commercial arbitration. Achieved favorable settlement for client in early stages of proceedings.

Gawker Media LLC – Represented Gawker as debtor in adversary proceeding. Obtained TRO against Terry Bollea (a/k/a Hulk Hogan) temporarily preventing enforcement of state court judgment.

Stryker Corporation – Represented Stryker Corporation and certain of its directors and officers in securities class and derivative actions arising from allegations that Stryker failed to disclose material adverse facts about the company’s financial health. The court granted the defendants’ motion to dismiss.

FedEx Supply Chain, Inc. – Represented FedEx Supply Chain in $20 million breach of contract action. Achieved favorable settlement for client shortly after arguing motion for judgment on the pleadings.

Xinhua Sports & Entertainment Limited – Represented the General Counsel of now defunct Chinese media company in $70 million fraudulent inducement and negligent misrepresentation case. The court granted the General Counsel’s motion to dismiss.

McAfee Inc. – Represented McAfee Inc. and certain of its directors and officers class actions arising from proposed $7.7 billion acquisition of McAfee by Intel Corporation. The acquisition closed on schedule and the court dismissed the case on summary judgment.

Acciona, S.A. – Represented Acciona, S.A. in preliminary injunction proceedings in connection with €43 billion European takeover battle for Endesa, S.A. Successfully defended against motions for injunctive relief and settled case favorably while on appeal.

Large Private Equity Fund – Represented large private equity fund in dispute with issuer over various issues involving Delaware law.

New York Hedge Fund – Represented New York-based hedge fund in complex commercial dispute with biotech company. Achieved favorable multimillion-dollar settlement for client without filing litigation.

European Aeronautics Defense & Space Company (EADS) – Represented EADS and certain of its current and former officers in a shareholder securities class action arising from financial disclosures and public statements issued by the company relating to delays in the Airbus A380 aircraft program. The court granted the company’s motion to dismiss in precedent-setting “F-squared” ruling.

Bank of America – Represented Bank of America Corporation and a number of its subsidiaries in a complex multidistrict securities litigation and related SEC enforcement, New York State Attorney General, and other governmental proceedings arising from alleged market-timing and late-trading in mutual funds. The court approved over 15 favorable settlements of civil claims against the Bank. The governmental proceedings were also settled favorably.

Bank Audit Committee – Represented Audit Committee of large bank in conducting internal investigation in connection with allegations of accounting and other fraud. Investigation concluded and no charges were brought by any government agency.

Education

University of Pennsylvania Law School – J.D., 2000, cum laude, Order of the Coif, P. Pemberton Morris Prize (highest grades in the fields of Evidence, Pleading, and Practice), M.H. Goldstein Memorial Prize (highest grades in the fields of Labor Law and Labor Arbitration)
Lafayette College – B.A., 1992

Bar Admissions

New York
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. District Court, Western District of New York
U.S. Court of Appeals, 2nd Circuit
U.S. Court of Appeals, 3rd Circuit
U.S. Supreme Court
Professional Affiliations
Adjunct Professor, Fordham University School of Law
Co-founder and Mentor, Harlem Education Advancement Fund (HEAF) Legal Mentoring Program
Recipient of HEAF Long-term Volunteer Service Award
Professional Memberships
New York State Bar Association