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 corporate directors and officers, financial advisors, 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 and down-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 an "excellent attorney" who "knows Delaware law very thoroughly."

Mike was elected by his peers to join the Corporation Law Council of the Delaware State Bar Association, the professional organization responsible for proposing, drafting, and overseeing legislative changes to the Delaware General Corporation Law, as well as the Delaware LLC and limited partnership acts.

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.  He has also guest lectured to corporate law students at Harvard Law School, the University of Pennsylvania Carey School of Law, and Temple University Beasley School of Law.

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

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