WilmerHale

Class Actions ; Commercial Litigation Cross-Border; Investigations and Compliance Investigations ; Life Sciences ; Litigation ; Securities Enforcement ; Securities Litigation ; Trials

Partner

Co-Chair, Securities Litigation and Enforcement Practice Group

Michael Bongiorno concentrates his practice on securities litigation and enforcement matters. He has served as first-chair lead defense counsel and argued motions to dismiss in dozens of securities class action and derivative suits across the country. His clients have achieved dismissal in the vast majority of such matters. He is an experienced appellate advocate, having successfully argued for the affirmance of many dismissals of securities cases, including five in the past two years in the Second and First Circuits. His successful defense in such cases spans a variety of industries and jurisdictions, and he is a recognized leader in securities litigation and enforcement matters, particularly in matters against biotech, life science, biomaterials, medical device, and medical product companies, and has handled cases in many other industries and areas as well, including energy, construction, education, high tech, shipping, and retail.

His successful representations as lead defense counsel in securities class actions include the dismissal of cases against companies such as Karyopharm Therapeutics Inc., Renewable Energy Group, Inc., Synacor, Inc., Top Ships, Inc., Ocular Therapeutix, Inc., Assertio, Inc., Jos. A. Bank Clothiers, Inc., Glencore PLC, Golar LNG, Limited, Electronics for Imaging, Inc., Solid Biosciences, Inc., Argos Therapeutics, Inc., Tetraphase Pharmaceuticals, Inc., LogicBio Therapeutics, Inc., Voyager Therapeutics, Inc., Apollo Education Group, Inc., Nabriva Therapeutics, PLC, ConforMIS, Inc., Britannia Bulk Holdings Inc., Optionable, Inc., DryShips Inc., InVivo Therapeutics Holdings Corp., AVEO Pharmaceuticals, Inc., VeraSun Energy Corp., Technical Olympic, S.A., EDAP TMS, S.A., Medtronic, Inc., AtheroGenics, Inc., and many others.

Mr. Bongiorno also has extensive experience leading internal investigations and securities enforcement matters, including matters before the Securities and Exchange Commission, the Department of Justice, various state securities regulators and FINRA. He regularly advises boards of directors and board committees with regard to disclosures, corporate governance issues, and matters related to litigation, enforcement, derivative and document demands, and crisis management.

Mr. Bongiorno has substantial trial experience in federal and state courts in various contexts. Trial successes include the successful defense of a company and its officers against fraud and other related claims in Massachusetts Superior Court (affirmed on appeal), the successful defense of a finance and investment company in Federal District Court in Boston against claims of breaches of fiduciary duty brought by a closely held corporation and a five-week trial in the US Bankruptcy Court for the Southern District of New York regarding corporate governance and fiduciary duty claims (resulting in an extraordinarily favorable settlement for his clients). He has tried more than 20 civil and criminal matters in his career in various tribunals, including federal and state court jury and bench trials, as well as AAA and FINRA arbitrations.

New York Massachusetts New Hampshire

JD, Harvard Law School, 1991

AB, Dartmouth College, 1988