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Michael J. Garvey
Partner

425 Lexington Avenue
New York, NY 10017-3954
Phone:  (212) 455-7358
Fax:  (212) 455-2502
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Michael J. Garvey is a member of the Firm’s litigation department in the New York office. He represents clients in a wide range of commercial disputes, with particular focus on insurance/reinsurance, shareholder litigation, government and internal investigations.

Mr. Garvey represents major insurance and reinsurance companies in a variety of lawsuits and arbitrations in the United States and abroad.  Institutional clients include Swiss Re, Travelers, and SCOR.  He was part of the trial team that successfully represented Swiss Re in coverage litigation against WTC leaseholder Larry Silverstein arising out of 9/11 terrorist attack.  Mr. Garvey has successfully defended Travelers in multiple antitrust and RICO class actions, including suits brought in the wake of Hurricane Katrina and following regulatory investigations into bid-rigging and contingent commissions.  Mr. Garvey won dismissal for Swiss Re in class action litigation in the Court of International Trade alleging that various sureties, including Swiss Re, breached customs bonds that secured duties owed on “dumped” products imported from China.

Mr. Garvey defends shareholder litigation and conducts internal investigations for companies, boards and individuals.  He is currently defending current and former members of AIG’s Board of Directors in shareholder and ERISA litigation arising out of the subprime crisis.  He also successfully defended Travelers and its directors and officers in shareholder and ERISA litigation.
Mr. Garvey also advises clients on general commercial litigation matters.  Recently, he successfully tried to completion a centimillion dollar arbitration that his client brought to enforce restrictive covenants against a partner firm. 

Mr. Garvey joined Simpson Thacher in 1998, served as a law clerk to the Hon. Albert M. Rosenblatt, a judge on the New York State Court of Appeals, from 1999-2001, returned to the Firm in 2001 and became partner in 2007.  He graduated cum laude from the State University of New York at Geneseo in 1995 with a dual degree in English and Music.  In 1998, he graduated cum laude from St. John’s University School of Law, where he was a staff member on Law Review.

Publications
•  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
•  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
•  Insurance Law Alert, June 2011
•  The Supreme Court Considers Loss Causation at Time of Class Certification
•  The Supreme Court Rejects Bright-Line Rule on Disclosure of Adverse Event Reports
•  Insurance Law Alert, February 2011
•  The Supreme Court Considers the Materiality Requirement in the Context of Drug Companies’ Disclosure of Adverse Event Reports
•  The Supreme Court Considers the Liability of Investment Advisers in Federal Securities Fraud Cases
•  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
•  Business Interruption Insurance in the Wake of the Gulf Oil Spill – What Insurers Can Do to Keep Slippery Claims at Bay
•  Insurance Law Alert, May 2010
•  The Supreme Court Rejects “Inquiry Notice” as Trigger to Start Running the Statute of Limitations in Securities Fraud Cases
•  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 Constitutionality of the Public Company Accounting Oversight Board
•  The Supreme Court Considers the ‘Inquiry Notice’ Standard in Federal Securities Fraud Cases
•  Developments In New York Insurance Law: New York Joins States That Require Prejudice To Insurers For Disclaimer of Coverage Based on Late Notice; Allows Direct Actions Against Insurers
•  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 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
Admissions
•  New York 1999
•  U.S. District Court Southern District of New York 2001
•  U.S. Court of International Trade
Clerkships
•  Hon. Albert M. Rosenblatt, New York State Court of Appeals, 1999-2001
Education
•  St. John's University School of Law, 1998 J.D.
cum laude; St. John's Law Review, 1996-1998
•  State University of New York at Geneseo, 1995 B.A.
Dean's List 4/8 Semesters



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