S. Michael Sirkin

Mike Sirkin litigates corporate and business disputes in the Delaware Court of Chancery and Supreme Court.  He specializes in cases arising from mergers and acquisitions, including appraisal cases and cases involving the fiduciary duties of corporate directors and officers.  Mike also advises clients about the Delaware law and corporate governance issues that arise in a variety of transactional and litigation contexts, including special litigation committee investigations, pre-suit demands, conflict-of-interest transactions, books and records requests, and inside-round financings.

Mike has substantial experience litigating valuation issues to trial, having represented respondents in two of the largest appraisal trials in history (BMC Software and Lender Processing Services).  Mike also recently represented Kinder Morgan, Inc. and Signet Jewelers, Ltd. in merger-related stockholder class actions.  In both cases, the Delaware Court of Chancery denied the plaintiffs' motions to enjoin the challenged transactions and granted the defendants' motions to dismiss, and the Delaware Supreme Court affirmed the dismissals on appeal.  Mike was also part of the appellate team who successfully obtained reversal of a $142 million post-trial judgment against an affiliate of Kinder Morgan.  In addition, Mike has recently represented defendants, including the Facebook Board of Directors, in lawsuits in the Delaware Courts challenging the compensation paid to corporate directors and executives.

Mike is a frequent author on Delaware law issues.  He has published articles in The Business Lawyer, The M&A Lawyer, the Temple Law Review, Insights, and Deal Points, and has spoken on panel discussions sponsored by the Private Equity and Venture Capital Subcommittee of the Business Law Section of the American Bar Association and Thompson West.

Mike began his legal career as a judicial law clerk to the Honorable Vice Chancellor J. Travis Laster of the Delaware Court of Chancery.  After his clerkship, he practiced in the Corporate and Business Litigation group of Morris, Nichols, Arsht & Tunnell LLP before joining the firm.  Mike has also participated in the Delaware Volunteer Legal Services Pro Bono Program, successfully obtaining protection from abuse orders for clients in Family Court.  Outside of the firm, Mike is active in the Delaware State Bar Association and the American Bar Association, and he is the President of the Lehigh Lawyers Association.

Professional Affiliations

• Lehigh Lawyers Association (President)
• Delaware State Bar Association
• Richard S. Rodney Inn of Court
• American Bar Association