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Michael Chepiga is a litigation partner at Simpson Thacher & Bartlett LLP. He represents clients in securities litigation, class actions, derivative actions, and corporate control litigation. Mr. Chepiga has handled securities litigation cases involving Fannie Mae, Freddie Mac, Lehman Brothers, Fairfield Greenwich Group, Merrill Lynch, Bear Stearns, AIG, HealthSouth, Hollinger, Winstar Communications, Royal Ahold, Dynegy, Travelers, American Electric Power, and KeySpan. Litigations arising from corporate acquisitions or transactions include Xerox/ACS, Wyeth/Pfizer, Anheuser-Busch/InBev, Dollar General, Toronto Dominion-Banknorth, SunGard Data Systems, Instinet Group, Telecorp/ATT Wireless, Wachovia, Seagate Technologies, American Home Products/Warner Lambert/Pfizer, Chrysler/Kerkorian, KKR/RJR Nabisco, Paramount v. Time Warner, Paramount v. QVC and numerous others.
Mr. Chepiga served as President of the Legal Aid Society of New York from 1996 to 1998, as a Director from 1988 to 1998, and a member of the Executive Committee from 1992 to 1998. He is currently a Director of VOLS (Volunteers of Legal Services, Inc.), and a Fellow of the American Bar Foundation. He is a frequent lecturer on continuing legal education panels and is the author of "Getting and Spending," a play produced at the Helen Hayes Theatre on Broadway in October 1998.
Mr. Chepiga joined Simpson Thacher in 1981 and became a partner in 1986. He received a B.A., cum laude, from Fordham University in 1970, a Ph.D. in English from New York University in 1976 and a J.D. from Yale University in 1979. He was a Law Clerk to the Honorable Milton Pollack (S.D.N.Y.) from 1979 to 1980 and to the Honorable Amalya Kearse (Second Circuit) from 1980 to 1981.
Honors/Associations
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The Board of Advisors of the Yale Law School Center for the Study of Corporate Law |
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Association of the Bar of the City of New York, Federal Courts Committee (1992-1995) |
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American Bar Association |
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New York State Bar Association, Federal Courts Committee (1986-1988) |
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Legal Aid Society, Executive Committee (1992-Present) |
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Legal Aid Society, Vice President (1993-1996) |
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Association of the Bar of the City of New York |
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Legal Aid Society, Director (1986-1998) |
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Legal Aid Society, President (1996-1998) |
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Volunteers of Legal Services (VOLS) Director, (2000- ) |
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Fellow, American Bar Foundation (1998- ) |
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Chambers USA: America's Leading Lawyers for Business (2003, 2004, 2005, 2006, 2007, 2008, 2009) |
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International Who's Who of Business Lawyers, Corporate Governance (2004, 2005, 2006, 2007, 2008, 2009, 2009) |
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Lawdragon 500: Selected as one of 500 leading lawyers in America (2005) |
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International Who's Who of Business Lawyers, Commercial Litigation (2005, 2006, 2007, 2008, 2009) |
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Lawdragon 500: Selected as one of 500 Leading Litigators (2006) |
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The Board of The Association of the Bar of the City of New York Fund, Inc. |
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Woodward White, Inc, Best Lawyers in America, selected for: Bet-the-Company Litigation (2006, 2007, 2008, 2009) |
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Woodward White, Inc, Best Lawyers in America, selected for: Commercial Litigation (2006, 2007, 2008, 2009) |
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IFLR, Guide to the World’s Leading Corporate Governance Lawyers (2006, 2007, 2008, 2009) |
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Publications
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The Supreme Court Considers the Standards Governing the Interpretation of ERISA Plans |
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SEC Announces Significant New Initiatives to Encourage Cooperation in Investigations and Enforcement Actions |
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The Supreme Court Considers the Constitutionality of the Public Company Accounting Oversight Board |
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The Supreme Court Considers the ‘Inquiry Notice’ Standard in Federal Securities Fraud Cases |
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The Heightened Pleading
Standard of Twombly Applies
to All Federal Civil Claims |
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Supreme Court Finds that ERISA Fiduciaries May Be Liable for Damages to an Individual 401(k) Plan Participant’s Account |
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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 |
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Supreme Court Considers Whether ERISA
Fiduciaries May Be Liable for Damages to an
Individual Participant’s Account
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Supreme Court Hears Arguments on Expanding Securities Fraud Liability to Secondary Actors Based on Allegedly Fraudulent, Arm's Length Business Transactions |
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Supreme Court Adopts Heightened Standard for Pleading Scienter in Federal Securities Fraud Cases |
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Commercial Litigation in New York State Courts (Second Edition) (West 2005). Chapter 72, "Merger & Acquisition Litigation." |
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"Getting and Spending," play produced, Old Globe Theatre, San Diego, August 1998 and Helen Hayes Theatre, Broadway, October 1998. |
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"Matter of Honor," play produced at Pasadena Playhouse, September 2007 |
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Standing Still on the Level Playing Field: The Use of Standstill Agreements During an Auction, 1 M&A Law Reporter 738, 1988 |
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The Wholesome Madness of an Hour: An Ironic Reading of Tennyson's Idyllis of the King, 1 Victorian Institute Journal, 1975 |
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Politics and the Uses of Language in Shakespeare's English History Plays, Doctoral Dissertation, 1976 |
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Bank and Corporate Governance Law Reporter (Editorial Board), American Bar Association, 1988-present |
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Frequent lecturer on securities litigation and federal civil practice |
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Testing the Sufficiency of Claims Bought Under Sections 11 and 12(a)(2) of the Securities Act in the Post-Reform Act Era
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Delaware Chancery Court Orders Specific Performance of Merger Agreement: An Analysis of the IBP-Tyson Litigation
(August 2001)
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SEC Rule 10b5-1 and Insider Trading Liability
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New SEC Rules on Selective Disclosure and Insider Trading
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Speaking Engagements
Admissions
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New York 1980 |
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U.S. Supreme Court 2001 |
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U.S. Court of Appeals 1st Circuit |
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U.S. Court of Appeals 2nd Circuit 1986 |
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U.S. Court of Appeals 3rd Circuit 2001 |
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U.S. Court of Appeals 4th Circuit |
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U.S. Court of Appeals 5th Circuit |
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U.S. Court of Appeals 6th Circuit 2002 |
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U.S. Court of Appeals 11th Circuit 1988 |
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U.S. District Court Southern District of New York 1981 |
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U.S. District Court Eastern District of New York 1983 |
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U.S. Court of Federal Claims 1988 |
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U.S. Court of Appeals Federal Circuit |
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Clerkships
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Hon. Amalya Kearse, Second Circuit, 1980-1981;
Hon. Milton Pollack, Southern District of New York, 1979-1980 |
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Education
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Yale Law School, 1979 J.D. |
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New York University, 1976 PhD. |
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Fordham University, 1970 B.A. cum laude |
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