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Michael J. Chepiga
Retired Partner
425 Lexington Avenue
New York, NY 10017-3954
Phone:  (212) 455-2598
Fax:  (212) 455-2502
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Honors/Associations
•  The Board of Advisors of the Yale Law School Center for the Study of Corporate Law, 2008 - Present
•  Fellow, American Bar Foundation (1998- )
•  Association of the Bar of the City of New York, Federal Courts Committee (1992-1995)
•  American Bar Association
•  Director and Vice President, Association of the Bar of the City of New York Fund, Inc. (2009-present)
•  New York State Bar Association, Federal Courts Committee (1986-1988)
•  Legal Aid Society, Executive Committee (1992-1998)
•  Legal Aid Society, Vice President (1993-1996)
•  Legal Aid Society, Director (1986-1998)
•  Legal Aid Society, President (1996-1998)
•  Volunteers of Legal Services (VOLS) Director, (2000-2011)
•  Chambers USA: America's Leading Lawyers for Business (2003-2011)
•  International Who's Who of Business Lawyers, Corporate Governance (2004, 2005, 2006, 2007, 2008, 2009, 2010)
•  Lawdragon 500: Selected as one of 500 leading lawyers in America (2005, 2006, 2008, 2009)
•  International Who's Who of Business Lawyers, Commercial Litigation (2005, 2006, 2007, 2008, 2009, 2010)
•  Lawdragon 500: Selected as one of 500 Leading Litigators (2006)
•  Woodward White, Inc, Best Lawyers in America, selected for: Bet-the-Company Litigation (2006, 2007, 2008, 2009)
•  Woodward White, Inc, Best Lawyers in America, selected for: Commercial Litigation (2006, 2007, 2008, 2009, 2010)
•  IFLR, Guide to the World’s Leading Corporate Governance Lawyers (2006, 2007, 2008, 2009)
Publications
As DOJ Confronts Setbacks in Litigated FCPA Cases, The Government’s Overall FCPA Enforcement Program Faces Increasing Scrutiny
As Judicial Scrutiny of the SEC’s Settlement Practices Mounts, the SEC Adopts a Limited Change to Its ‘Neither Admit Nor Deny’ Policy
New York Court of Appeals Rejects Martin Act Preemption of Common Law Claims of Breach of Fiduciary Duty and Gross Negligence
Supreme Court Considers Tolling of Statute of Limitations in Section 16(b) Claims
Second Circuit Affirms Madoff Trustee’s Use of “Net Investment Method” to Calculate Net Equity Under SIPA
The Supreme Court Limits Rule 10b-5 Liability to Person or Entity Making Alleged Misstatement
The Supreme Court Rejects Loss Causation Requirement at Class Certification Stage
SEC Announces Final Rules Implementing The Dodd-Frank Whistleblower Program
The Supreme Court Holds that Reformation of ERISA Plan Terms Due to False or Misleading Plan Summaries Does Not Strictly Require a Showing of Detrimental Reliance
Shedding More Light on Its Cooperation Initiative, the SEC Announces Its First Deferred Prosecution Agreement
Last Week’s FCPA Decision In The Government’s Favor Is A Limited Setback For Subjects Of Federal Corruption Inquiries
The Supreme Court Considers Loss Causation at Time of Class Certification
The Supreme Court Rejects Bright-Line Rule on Disclosure of Adverse Event Reports
Renault’s Mea Culpa This Week: A Reminder Of What Can Happen When A Company Investigating A Whistleblower Claim Is Misled
The Supreme Court Considers the Materiality Requirement in the Context of Drug Companies’ Disclosure of Adverse Event Reports
Shedding Light on Its New Cooperation Initiative, the SEC Announces Its First Non-Prosecution Agreement with a Public Company
In Vacating the Conviction of Network Associates' Former CFO, the Ninth Circuit Reminds Prosecutors That Accounting Fraud Prosecutions Carry A High Evidentiary Burden
The Supreme Court Considers the Liability of Investment Advisers in Federal Securities Fraud Cases
The Supreme Court Examines Requirements for ERISA Plan Beneficiaries to Recover Additional Benefits Based on Inconsistency Between the Plan’s Summary Plan Description and the Plan Itself
The Sweeping Whistleblower Provisions Tucked Inside Dodd-Frank: Why And How Companies Should Prepare For a New Era of Corporate Whistleblowing
The Supreme Court Affirms the Constitutional Validity of the PCAOB; Strikes Down “Double For-Cause” Removal Provisions as Unconstitutional
The Supreme Court Limits the Extraterritorial Application of the Antifraud Provisions of the U.S. Securities Laws
The Supreme Court Holds That The “Honest-Services” Fraud Statute Covers Only Bribery and Kickback Schemes
The Supreme Court Rejects “Inquiry Notice” as Trigger to Start Running the Statute of Limitations in Securities Fraud Cases
The Supreme Court Requires Deference to Plan Administrator’s Interpretation of ERISA Plan Notwithstanding Administrator’s Prior Invalid Interpretation
The Supreme Court Adopts the Gartenberg Standard to Determine Whether an Investment Adviser Breached its Fiduciary Duty in Approving Fees
The Supreme Court Considers the Application of the Antifraud Provisions of the United States Securities Laws in “Foreign-Cubed” Cases
The Supreme Court Considers the Standards Governing the Interpretation of ERISA Plans
SEC Announces Significant New Initiatives to Encourage Cooperation in Investigations and Enforcement Actions
The Supreme Court Considers the Constitutionality of the Public Company Accounting Oversight Board
The Supreme Court Considers the ‘Inquiry Notice’ Standard in Federal Securities Fraud Cases
The Heightened Pleading Standard of Twombly Applies to All Federal Civil Claims
Supreme Court Finds that ERISA Fiduciaries May Be Liable for Damages to an Individual 401(k) Plan Participant’s Account
The Supreme Court Rejects "Scheme" Liability For Secondary Actors In The Absence Of Actual Reliance On The Deceptive Conduct Or A Separate Duty To Speak
Supreme Court Considers Whether ERISA Fiduciaries May Be Liable for Damages to an Individual Participant’s Account
Supreme Court Hears Arguments on Expanding Securities Fraud Liability to Secondary Actors Based on Allegedly Fraudulent, Arm's Length Business Transactions
Supreme Court Adopts Heightened Standard for Pleading Scienter in Federal Securities Fraud Cases
Commercial Litigation in New York State Courts (Second Edition) (West 2005). Chapter 72, "Merger & Acquisition Litigation."

"Getting and Spending," play produced, Old Globe Theatre, San Diego, August 1998 and Helen Hayes Theatre, Broadway, October 1998.

"Matter of Honor," play produced at Pasadena Playhouse, September 2007

Standing Still on the Level Playing Field: The Use of Standstill Agreements During an Auction, 1 M&A Law Reporter 738, 1988
The Wholesome Madness of an Hour: An Ironic Reading of Tennyson's Idyllis of the King, 1 Victorian Institute Journal, 1975
Politics and the Uses of Language in Shakespeare's English History Plays, Doctoral Dissertation, 1976
Bank and Corporate Governance Law Reporter (Editorial Board), American Bar Association, 1988-present
Frequent lecturer on securities litigation and federal civil practice
Testing the Sufficiency of Claims Bought Under Sections 11 and 12(a)(2) of the Securities Act in the Post-Reform Act Era
Delaware Chancery Court Orders Specific Performance of Merger Agreement: An Analysis of the IBP-Tyson Litigation (August 2001)
SEC Rule 10b5-1 and Insider Trading Liability
New SEC Rules on Selective Disclosure and Insider Trading
Admissions
•  New York 1980
•  U.S. Supreme Court 2001
•  U.S. Court of Appeals 1st Circuit
•  U.S. Court of Appeals 2nd Circuit 1986
•  U.S. Court of Appeals 3rd Circuit 2001
•  U.S. Court of Appeals 4th Circuit
•  U.S. Court of Appeals 5th Circuit
•  U.S. Court of Appeals 6th Circuit 2002
•  U.S. Court of Appeals 11th Circuit 1988
•  U.S. District Court Southern District of New York 1981
•  U.S. District Court Eastern District of New York 1983
•  U.S. Court of Federal Claims 1988
•  U.S. Court of Appeals Federal Circuit
Clerkships
•  Hon. Amalya Kearse, Second Circuit, 1980-1981; Hon. Milton Pollack, Southern District of New York, 1979-1980
Education
•  Yale Law School, 1979 J.D.
•  New York University, 1976 PhD.
•  Fordham University, 1970 B.A.
cum laude



•  Government and Internal Investigations
•  Litigation
•  Securities/Shareholder Litigation
 
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