Michael Mitchell

Michael Mitchell

Partner

Email

michael.mitchell@aoshearman.com

Phone

+1 202 508 8073

Offices

Washington DC

V-CARD
Michael has nearly two decades of experience litigating and conducting trials in complex civil matters in federal and state courts and in government and regulatory investigations, having represented global financial institutions, companies, directors and officers, and individuals.
Michael has significant experience in antitrust matters and has represented buyers, sellers, and third parties in merger challenges brought by the U.S. Department of Justice, Federal Trade Commission, and state attorneys general. He regularly represents clients in antitrust and securities class actions, complex commercial disputes, and shareholder and derivative suits. His substantial investigations experience includes representations of corporations, broker-dealers and other financial institutions, and individuals in investigations and enforcement matters by the DOJ, SEC, CFTC, New York Attorney General and the U.S. State Department, as well as enforcement matters and inquiries from FINRA and other SROs, including the NFA, CME and various exchanges.

Expertise

Experience

Representative matters

  • JetBlue in connection with the U.S. Department of Justice challenge to JetBlue’s proposed acquisition of Spirit Airlines.
  • Bank of America and its affiliates in antitrust class and direct actions relating to the US stock lending market.
  • Citigroup and affiliates in a number of suits and appeals in federal and state courts arising from collapse of Mexican oil-services firm Oceanografía S.A. de C.V.
  • The special committee of the board of directors of Straight Path Communications, Inc. in connection with the company’s sale to Verizon Communications and subsequent shareholder class action.
  • Global broker-dealer in connection with a series of regulatory enforcement matters relating to trade marking, trade reporting, best execution, and recordkeeping issues.
Antitrust
  • JetBlue in connection with the DOJ challenge to JetBlue’s proposed acquisition of Spirit Airlines.
  • Paramount Global and Simon & Schuster in connection with the DOJ challenge to its proposed acquisition by Penguin Random House.
  • A major financial institution as a third party in connection with its role as financial advisor to Assa Abloy in connection with the DOJ challenge to Assa Abloy’s acquisition of the Hardware and Home Improvement business of Spectrum Brands.
  • Bank of America and its affiliates in antitrust class and direct actions relating to the US stock lending market.
  • A global media and entertainment company as a third party in connection with the FTC’s action against Meta Platforms seeking to unwind Meta’s acquisitions of Instagram and WhatsApp.
  • A Japanese capacitor manufacturer in class and direct actions alleging price fixing.
  • A global financial institution in an antitrust class action relating to US Treasuries auctions.
  • A Japanese battery manufacturer in class and direct actions alleging price fixing.
  • Syngenta Seeds, Inc. in a civil lawsuit alleging that Monsanto Company monopolized the US market for genetically modified corn seed.
Complex Commercial, Shareholder, and Securities Litigation
  • Citigroup and affiliates in a number of suits and appeals in federal and state courts arising from collapse of Mexican oil-services firm Oceanografía S.A. de C.V.
  • The special committee of the board of directors of Straight Path Communications, Inc. in connection with the company’s sale to Verizon Communications and subsequent shareholder class action.
  • Major financial institution in contract dispute with mortgage originator over servicing rights and obligations and payment of servicing fees.
  • Global financial institution in contract dispute regarding payment of financial advisory fee in connection with a strategic transaction.
  • Huntsman Corporation in litigation concerning its planned acquisition by Hexion Specialty Chemicals.
  • Numerous major US financial institutions as third parties in shareholder suits in connection with their role as financial advisor in M&A and other strategic transactions.
  • Numerous underwriter syndicates with members including, variously, Barclays, Citigroup, Credit Suisse, Goldman Sachs, Morgan Stanley and other global financial institutions, in securities class actions on behalf of investors in companies such as Alibaba, Adeptus, SunEdison and others.
  • A major financial institution in dozens of class and individual actions in federal and state courts concerning residential mortgage-backed securities.
Investigations
  • A major US broker-dealer in connection with SEC mismarking and pay-to-play investigations.
  • A global financial institution and its broker-dealer affiliates in connection with investigations by the SEC and FINRA into the firm’s alternative trading systems and trading strategies.
  • Numerous global financial institutions, broker-dealers and asset managers in connection with regulatory inquiries and investigations by the State Department, DOJ, SEC, FINRA, CBOE, CME, NFA and others in wide range of matters, including AML, insider trading, market manipulation, order marking, position valuation, best execution, trade reporting and recordkeeping.
  • A global medical device manufacturer in internal investigation into potential violations of Foreign Corrupt Practices Act.

Pro bono

  • Representation of political parties, candidates, and voters in federal suit challenging the constitutionality of Texas’s ballot access laws.
  • Trial victory and damages award for indigent client in Section 1983 action against NYPD officers arising from unlawful detention and search.
  • Co-counsel with Conservation Law Foundation in suit against EPA concerning nitrogen pollution in Cape Cod, Massachusetts.

Published Work

  • Mitchell, Michael and Hakki, Adam, (2022) “Banking Litigation”, Business and Commercial Litigation in Federal Courts, Fifth Edition, Thomson West

Leadership Positions And Professional Affiliations

  • Member, D.C. Bar, Antitrust and Consumer Law Community

Qualifications

Admissions

New York, 2006

District of Columbia, 2018

Courts

United States Court of Appeals for the Second Circuit, 2020

United States Court of Appeals for the Eleventh Circuit, 2023

United States District Court for the Eastern District of New York, 2006

United States District Court for the Southern District of New York, 2006

United States District Court for the District of Columbia, 2021

Academic

B.A., University of Maryland, 2001

J.D., cum laude, Georgetown University, 2005

Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.