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 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 pre-litigation contexts, including 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 has also 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 and speaker on Delaware law issues. He has published articles in The Business Lawyer, The M&A Lawyer, 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
- January 2016The M&A Lawyer
- September 2015The M&A Lawyer
- June 2015The M&A Lawyer
- 19 M&A Law. 1 (Mar. 2015)
- 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
- 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