Michael Swartz is a partner in Quinn Emanuel Urquhart & Sullivan, LLP‘s New York office. An outstanding litigator, Swartz’s high-stakes work is illustrated in his representation of Politan Capital Management in a series of cases that, if lost, would have threatened the existence of shareholder activism as an asset class. Other key clients include Aimia Inc., Gilead Sciences and Anson Funds.
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New York City Elite

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Abteilung

Litigation, Shareholder Activism, Blockchain technology & Digital Assets, Complex Commercial Litigation, Regulatory & Compliance, Securities Enforcement, Securities Litigation, Antitrust, Cybersecurity & Data Privacy

Position

Michael Swartz is a Partner in Quinn Emanuel's New York office. He is an experienced litigator specializing in complex commercial litigation as it relates to corporate control disputes. Michael's practice focuses on shareholder activist litigation, investment fund disputes, M&A litigation, and securities litigation, including class actions. Michael prevailed in the landmark Politan Capital Management case against Masimo Corporation. As a leading trade publication reported, Masimo prevailing would have meant the “complete eradication of shareholder activism as we know it.” Michael has represented clients in the largest proxy contests in U.S. history, including Trian Partners in its proxy contest at Proctor & Gamble and Engine No. 1 in its proxy contest at ExxonMobil. He has litigated all stages of the shareholder activism process, including shareholder nomination notices, books and records demands, advance notice bylaws, pre-vote entrenchment tactics, re-opening nomination windows, universal proxy issues, vote challenges, obtaining recognition of election results and challenges to cooperation agreements. Michael frequently represents investment managers and investors in investment fund disputes. He obtained a precedent-setting arbitration victory for a leading investment fund which derivatively recovered more than $1.5 billion in value in the cryptocurrency and digital asset investment space. Michael’s trial experience includes securing a complete defense verdict in a four-month securities class action jury trial, and he has established significant precedent in investment fund litigation. In addition, Michael has represented several boards and companies in M&A-and proxy-related litigation and is renowned for his experience in actions brought in Delaware. Chambers USA, The Legal 500 US. Benchmark Litigation, Lawdragon 500 Leading Litigators in America, and New York Super Lawyers recognize Michael’s achievements on behalf of his clients.  In Chambers USA, a client describes Michael as “extremely commercial, user-friendly and a sharp advocate. He is pragmatic and focused on what the client's objectives are." Another client said he "fully trust[s] his knowledge, skill and intuitiveness and his high ability to understand complex factual situations and apply them to the legal issues at hand." Michael is a prominent and sought-after thought leader on commercial and securities litigation and shareholder activism matters, regularly publishing articles and speaking about emerging trends and important developments affecting his clients. Michael serves as Co-Chair of the Board of the Lawyers' Committee for Civil Rights Under Law, one of the foremost civil rights organizations in the United States.

Mitgliedschaften

American Bar Association (Antitrust and Litigation Sections); International Bar Association; New York City Bar Association; Board of the Lawyers’ Committee for Civil Rights Under Law (Mid-Atlantic Regional Vice Chair and Executive Committee Member).

Ausbildung

Columbia Law School, JD (Editor, Columbia Law Review); University of California, Los Angeles, BA, magna cum laude (Phi Beta Kappa).

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Kernmandanten

  • Aimia, Inc.
  • Driver Opportunity Partners I LP
  • Empery Asset Management
  • Eric Bischoff
  • Pantera Capital Management
  • Prophet Capital Management
  • Survivors of the 1921 Tulsa Race Massacre and The Tulsa Ancestral Society
  • Gilead Sciences
  • Anson Funds
  • Axar Capital Management, LP and Andrew Axelrod
  • Gavin Cuneo, Michael Minnick and CIIG Management LLC

Highlight-Mandate

  • Representing Politan Capital Management in its dispute with Masimo Corporation, and prevailing in a series of litigations which, if lost, could have eliminated shareholder activism as an asset class.
  • Prevailing in a multi-year litigation on behalf of a descendant of one of the co-founders of Boar’s Head which will allow them to acquire up to 24% of the company’s shares.