Education
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
Professional Experience
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
Admissions
Delaware, 2009
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. In Solera, the Court of Chancery awarded the merger consideration less synergies.
Mike litigates and advises clients in corporate and business disputes in the Delaware Court of Chancery and Supreme Court, with a special focus on cases arising from mergers and acquisitions. Mike also advises financial advisors, corporate directors and officers, and other 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. Chambers and Partners has recognized Mike as a leading practitioner in the field, describing him as “incredibly smart, thoughtful about what he does" and as a lawyer who "knows Delaware law very thoroughly."
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. His articles have been cited favorably by the Delaware Court of Chancery, as well as corporate law scholars. Mike has also 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 a Director and former President of the Lehigh Lawyers Association.
Professional Affiliations
- Lehigh Lawyers Association
- Delaware State Bar Association
- Richard S. Rodney Inn of Court
- American Bar Association
Representative Cases
Articles and Memos
- October 2019The M&A Lawyer
- May 2019The M&A Lawyer
- April 2018The Business Lawyer
- March 2018The M&A Lawyer
- January 3, 2018Columbia Law School Blue Sky Blog
- January 2018The M&A Lawyer
- September 2017The M&A Lawyer
- May 2017The M&A Lawyer
- April 5, 2017Harvard Law School Forum on Corporate Governance and Financial Regulation
- March 2017The M&A Lawyer
- August 2016The M&A Lawyer
- January 2016The M&A Lawyer
- September 2015The M&A Lawyer
- June 2015The M&A Lawyer
- The M&A Lawyer
- December 2014The M&A Lawyer
- November 2014The M&A Lawyer
- April 2014The M&A Lawyer
- February 2014The Business Lawyer
- January 2014The M&A Lawyer
- September 2013The Harvard Law School Forum on Corporate Governance and Financial Regulation
- Deal Points (Aug. 2013)
- Insights (May 2012)
- 82 Temple L. Rev. 307 (2009)
News & Speaking Engagements
- 2019
- May 2019
- April 2019
- April 2018
- June 14, 2016
- March 1, 2015
- June 2014
- January 2014
- April 2013
- May 2012