Temple University Beasley School of Law, J.D., Cum Laude, 2009
- Temple Law Review, Articles/Symposium Editor
- Albert H. Friedman Prize for Excellence in Legal Writing
Lehigh University, B.S., With Honors, 2006
Morris, Nichols, Arsht & Tunnell LLP, Associate, 2010-2011
Delaware Court of Chancery, Judicial Law Clerk to the Honorable Vice Chancellor J. Travis Laster, 2009-2010
S. Michael Sirkin
Mike Sirkin has substantial trial experience, including with valuation issues, having represented respondents BMC Software, Lender Processing Services, and Solera Holdings in three of the largest appraisal trials in history. In BMC and Lender Processing, the Court of Chancery awarded appraisal petitioners nothing more than the agreed-upon merger consideration. Solera is in post-trial briefing.
Mike has spent his career litigating corporate and business disputes in the Delaware Court of Chancery and Supreme Court, with a special focus on cases arising from mergers and acquisitions, including appraisal cases and cases involving the fiduciary duties of 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 recently represented Kinder Morgan, Inc. and Signet Jewelers, Ltd. in merger-related 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.
- Lehigh Lawyers Association (President)
- Delaware State Bar Association
- Richard S. Rodney Inn of Court
- American Bar Association
Articles and Memos
- May 2017The M&A Lawyer
- April 5, 2017Harvard Law School Forum on Corporate Governance and Financial Regulation
- Direct, Derivative, or Both? Delaware Supreme Court Answers Questions of Claim Ownership and StandingMarch 2017The M&A Lawyer
- Singh v. Attenborough: Delaware Supreme Court Deals Another Blow to Stockholder Plaintiffs in M&A LitigationAugust 2016The M&A Lawyer
- January 2016The M&A Lawyer
- September 2015The M&A Lawyer
- June 2015The M&A Lawyer
- The M&A Lawyer
- Mitigating the Risk of M&A Litigation an Old-Fashioned Way: Delaware Law Favoring Stock-for-Stock MergersDecember 2014The M&A Lawyer
- Delaware Court of Chancery Applies Entire Fairness in In re Nine Systems Corporation Shareholders Litigation: A Sequel to Trados or Something Different?November 2014The M&A Lawyer
- Banker Conflicts, Redux: Court of Chancery Tags Financial Advisor With Aiding and Abetting Liability Following TrialApril 2014The M&A Lawyer
- Standing at the Singularity of the Effective Time: Reconfiguring Delaware's Law of Standing Following Mergers and AcquisitionsFebruary 2014The Business Lawyer
- Let the Seller Beware: The Seller’s Attorney-Client Privilege Passes to Surviving Corporation in a Merger Under Delaware Law.January 2014The M&A Lawyer
- September 2013The Harvard Law School Forum on Corporate Governance and Financial Regulation
- Deal Points (Aug. 2013)
- Insights (May 2012)
- The Deterrence Paradox: How Making Securities Fraud Class Actions More Difficult for Plaintiffs Will More Strongly Deter Corporate Fraud82 Temple L. Rev. 307 (2009)
News & Speaking Engagements
- June 14, 2016
- March 1, 2015
- Mike Sirkin speaks on West Legal Education panel regarding attorney-client privilege issues in M&A transactions.June 2014
- Mike Sirkin Serves as Panelist for ABA Private Equity and Venture Capital Committee Webinar – Great Hill Equity Partners and the Attorney-Client Privilege in M&A: You Mean We Sold That Too?January 2014
- Brad Aronstam and Mike Sirkin Publish Article in Deal Points Entitled "Managing M&A Deals with Underlying Derivative Claims"April 2013
- Brad Aronstam and Michael Sirkin Publish Article in Insights Assessing Post-Closing M&A Litigation RiskMay 2012