Michael A. Cabin

Admissions

• New York
• U.S. District Court for the Southern District of New York
• U.S. District Court for the Southern District of New York
• U.S. District Court for the Eastern District of New York
• Supreme Court of the United States

Education

• Columbia Law School, J.D., 2009
  - Editor, Columbia Law Review
  - Harlan Fiske Stone Scholar
  - James Kent Scholar
• University of Rochester, B.A., cum laude, 2006

Experience

• Duane Morris LLP
  - Partner, 2020-present
• Satterlee Stephens LLP
  - Partner, 2018-2020
  - Associate, 2015-2017
• Cravath, Swaine & Moore LLP
  - Associate, 2011-2014
• U.S. Court of Appeals for the Second Circuit
  - Law Clerk to the Hon. John M. Walker, Jr., 2010-2011
• U.S. District Court for the District of New York
  - Law Clerk to the Hon. Alvin K. Hellerstein, 2009-2010

Professional Activities

• American Bar Association
• Federal Bar Council
  - Second Circuit Courts Committee

Honors and Awards

• Listed in Super Lawyers New York Metro Rising Stars, 2018-2023

Selected Publications

• Co-author, "Local and Specialized Outside Counsel," Chapter 20: Successful Partnering Between Inside and Outside Counsel, Thomson Reuters and the Association of Corporate Counsel, 2023
• Co-author, "Court Rules Telephonic Annual Meeting Appropriate During COVID-19 Pandemic Under New York Not-for-Profit Corporation Law," Duane Morris Alert, September 18, 2020

Selected Speaking Engagements

• Presenter, "Mitigating Securities Litigation Risks in the COVID Era: Understanding the Latest Regulatory Guidance and Trends in Shareholder Class Actions, SEC Enforcement Proceedings," Duane Morris COVID-19: Navigating Forward Webinar Series, May 12, 2021

Representative Matters

• Represents the former independent trustees of the Trust for Advised Portfolios, a multi-series Delaware Statutory Trust, in connection with multiple matters arising from the 2021 demise of the Infinity Q Diversified Alpha Fund, including federal- and state-court class and individual actions brought under the ’33 and ’34 Acts, and derivative litigation in Delaware Chancery Court.

• Represented Moody’s, one of the world’s leading credit rating agencies, in litigation brought in various forums throughout the country by institutional investors, including pension funds, hedge funds, and banks, arising out of the mortgage-backed-securities crisis and involving structured investment products, including RMBS, CDOs, and SIVs.

• Represented one of the world’s largest pharmaceutical companies in parallel class and individual litigation alleging ’34 Act violations in connection with the withdrawal of a blockbuster drug.

• Represented prominent film studio in defense of ’34 Act class action alleging accounting fraud regarding the performance of one of its films. Successfully moved to dismiss the complaint, with the dismissal affirmed on appeal.

• Represented board of directors of major generic pharmaceutical company in defense of multi-jurisdictional class-action claims seeking to block the company’s acquisition by private-equity fund. The case settled on terms the client found favorable before the preliminary-injunction hearing, and the acquisition closed shortly thereafter.

• Represented board of directors of hospice and palliative care company in derivative litigation arising out of Department of Justice investigation regarding allegations of fraudulent practices in determining patient eligibility. Successfully moved to dismiss complaint.

• Represented biopharmaceutical company in connection with Section 220 demand arising from allegations of excessive executive compensation.

• Represented minority owner of Red Roof Inns, Inc. in AAA arbitration and post-arbitration litigation in state and federal court against Red Roof’s majority owner, Westmont Hospitality Group, involving fiduciary-duty and breach-of-contract claims. Successfully obtained an approximately $30 million award, including recovery of attorneys’ fees and pre- and post-judgment interest. Following heated post-arbitration litigation, obtained the Delaware Chancery Court’s confirmation of the award, and the Delaware Supreme Court’s affirmance on Westmont’s appeal.

• Represented eight former U.S. national security officials – including two former ambassadors – in filing an amicus brief with the United States Supreme Court in support of the petition for a writ of certiorari by the plaintiffs in Bartlett v. Baasiri, 23-568. Alleging that a foreign knowingly supported Hezbollah by laundering billions on its behalf, plaintiffs sued a then-private bank under the Anti-Terrorism Act and the Justice Against Sponsors of Terrorism Act. Following the bank’s liquidation and nationalization, it moved to dismiss Bartlett on the ground that it had become an instrumentality of a foreign government and thus immune under the Foreign Sovereign Immunities Act. The petition presents the question whether a defendant’s status as an instrumentality of a foreign state is determined at the time of the filing of the complaint or at any time after a suit is filed.

• Represented Eric Lane, professor and former dean of Hofstra University School of Law, as amicus curiae in litigation brought by the New York City Council against the Mayor of New York regarding the Council’s right, under the New York City Charter, to retain legal counsel independent from the New York City Corporation Council.

• Represented asylum applicant in appeal before the United States Court of Appeals for the Third Circuit. Successfully procured government’s acknowledgement of error below and request for remand. On remand, the immigration judge granted a new hearing, following which the applicant was granted withholding of removal and protection under the Convention Against Torture.