Overview

Michael Stockham routinely leads complex internal investigations on behalf of companies, board committees and individual directors, and he defends companies/directors in shareholder and securities class actions. In particular, his practice involves 1) investigations, trials and litigation arising out of financial restatements, accounting fraud and disputes over the adequacy of corporate disclosures, as well as 2) shareholder class actions and fiduciary duty disputes related to stock price drops, merger litigation and proxy fights. Mr. Stockham regularly serves as trial counsel in cases before federal and state courts around the country, and he regularly represents clients in arbitration proceedings. He is also a trusted business counselor and often provides pre-transaction and pre-litigation advice related to corporate governance and business issues for privately held and publicly traded companies. Texas Super Lawyers magazine recently named him one of the "Top 100 Overall" in the Dallas-Fort Worth metroplex. Mr. Stockham also serves as editor of the Holland & Knight SECond Opinion's Blog.

In addition to his legal skills and knowledge, Mr. Stockham is a Certified Fraud Examiner (CFE), certified by the Association of Certified Fraud Examiners (ACFE), the world's largest anti-fraud organization that specializes in the complex issues raised by corporate and white-collar fraud and provides anti-fraud training and education, as well as compliance with anti-fraud controls. He is also a Certified Compliance and Ethics Professional (CCEP), certified by the Society of Corporate Compliance and Ethics (SCCE).

For years, Mr. Stockham has been recognized by The Best Lawyers in America guide, Texas Super Lawyers magazine and D Magazine for his outstanding legal work. He is AV Preeminent Peer Review Rated by Martindale-Hubbell. He frequently speaks and authors chapters and articles on various topics, including corporate compliance; corporate governance; fraud prevention; securities litigation (10b-5, Section 11, Texas Securities Act); internal investigations; breach of contract and fraud issues; breach of fiduciary duty; Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX) and Dodd-Frank matters; partnership disputes; and other business litigation topics.

Representative Experience

  • Represented an oil and gas company related to going public through a special purpose acquisition company (SPAC) transaction, including claims by investors challenging process for approving the transaction
  • Represented former independent directors of Nasdaq-listed life-settlement company related to class action alleging securities fraud and inadequate disclosures under Section 11 and 12 of the Securities Act of 1933
  • Represented a computer game designer in claim of fraud related to buy-out of stock position
  • Represented a consortium of Saudi Arabian investors in claims that they had invested in a Ponzi scheme masquerading as a pipeline royalty company
  • Represented independent directors on a conflict committee related to claim of breach of fiduciary duty in approving a merger
  • Represented a New York Stock Exchange (NYSE)-listed real estate investment trust (REIT) related to proxy contest from shareholder proposing alternate slate of directors
  • Represented an oil and gas company in merger litigation related to going public through a SPAC
  • Represented an executive team of an oil and gas company against claims that they breached fiduciary duties and oppressed minority shareholders
  • Represented chief executive officer (CEO) of an oil and gas company traded on the Australian Stock Exchange related to receiver's claims of breach of fiduciary duty
  • Represented a private pet-food manufacturer in minority shareholder demand
  • Represented an investment firm in claim that the firm engaged in a short-and-distort conspiracy
  • Represented chief financial officer (CFO) of former housing fixture manufacturer as witness in civil trial
  • Represented former board members of publicly traded oil and gas company over allegations of fraud, breach of fiduciary duty and fraudulent transfer
  • Represented an accountant as individual witness in front of the U.S. Securities and Exchange Commission (SEC) and the U.S. Department of Justice (DOJ) as part of government investigation into insider trading at a Fortune 500 company
  • Represented a NYSE-listed jewelry and bullion company in shareholder derivative suit and 10b-5 class action alleging breaches of fiduciary duty and securities fraud
  • Represented a NYSE-listed independent energy company in shareholder litigation over a billion-dollar acquisition of oil and gas company, including Section 14 claims, alleging breach of fiduciary duty
  • Represented a large financial services company related to partnership breakup and broker defections related to non-compete agreement, misappropriation of trade secrets and breach of fiduciary duty
  • Represented a major airline and its board of directors in derivative demand related to shareholder proposals
  • Represented a former Nasdaq-listed oil and gas company and former executives in shareholder suits over a $4.4 billion tender offer and merger, including injunction, class action hearings and Section 14 claims, alleging breach of fiduciary duty and failure to disclose material information
  • Represented a major airline and its board of directors in a derivative demand related to claimed safety issues
  • Represented a court-appointed receiver in receivership on SEC enforcement actions related to fraud and Ponzi-scheme activity
  • Trial of a high-net-worth individual against suit for breach of fiduciary duty, fraud and violation of the Texas Securities Act related to redemption of membership interest in oil and gas limited liability company, including trial and multiple appeals (six-week trial)
  • Represented the president of hedge fund in class action lawsuit alleging mismanagement, breach of fiduciary duty and fraud
  • Represented a privately owned animal feed company in relation to minority shareholder inquiries and threatened minority shareholder oppression claims
  • Represented former officers and directors of Nasdaq-listed telecommunications company in 10b-5 class action lawsuit alleging violation of federal securities laws, including interlocutory appeals to the U.S. Court of Appeals for the Fifth Circuit vacating class certification orders
  • Represented independent directors appointed by a large institutional investor to the board of a Nasdaq-listed oil and gas company related to indemnification issues and satellite litigation and discovery
  • Represented individual directors and private placement agent in suit by a bankruptcy trustee alleging breach of fiduciary duty, fraud and negligent misrepresentation in closing of $50 million private placement
  • Trial of a Nasdaq-listed financial services company against suit alleging securities fraud under 10b-5 and violations of the Texas Securities Act (two week trial)
  • Represented a Nasdaq-listed software company that specializes in voice automation software in 10b-5 class action lawsuit alleging violation of federal securities laws
  • Represented a Nasdaq-listed financial services company against 10b-5 class action suit alleging violation of federal securities laws related to analyst reports published by subsidiary
  • Represented a regional healthcare organization against claims alleging violation of Texas Securities Act and breach of fiduciary duties
  • Represented a NYSE-listed correctional facilities company in 10b-5 class action lawsuit alleging violation of federal securities laws
  • Represented officers and directors of a Nasdaq-listed digital television products manufacturer in a derivative action claiming breach of fiduciary duty
  • Represented a NYSE-listed energy company and its board of directors in a class action lawsuit involving claims for breach of fiduciary duty in connection with a merger and acquisition

  • Represented a Special Committee of a Nasdaq-listed electric vehicle company related to U.S. Securities and Exchange Commission (SEC) inquiry
  • Represented a Compensation Committee of a New York Stock Exchange (NYSE)-listed government healthcare intermediary in relation to claims of improper approvals of charitable gifts by and irregularities internal controls
  • Represented an Audit Committee of a private equity portfolio company related to whistleblower complaint alleging accounting irregularities
  • Represented an insurance division of a North American automobile manufacturer related to whistleblower claims of policy and procedure breaches and fraudulent enrollment of customers
  • Represented as Audit Committee of a NYSE-listed artificial intelligence-based software company related to whistleblower complaint alleging accounting irregularities, improper disclosures in public filings and retaliation
  • Represented an Audit Committee of a former Nasdaq-listed oil and gas company related to whistleblower complaint alleging accounting irregularities and improper disclosures in public filings
  • Represented an Audit Committee of a NYSE-listed retailer of consumer goods related to whistleblower complaint alleging accounting irregularities and improper disclosures in public filings
  • Represented an Audit Committee of a NYSE-listed aircraft component manufacturer related to whistleblower complaint alleging accounting irregularities and improper disclosures in public filings
  • Represented chief financial officer (CFO) of a publicly traded craft supply company related to SEC claims of securities fraud and improper disclosures in public filings
  • Represented a pharmacy company related to questions of improper kickbacks, including FBI raid on corporate headquarters
  • Represented CFO of a company being investigated by the SEC for embezzlement of investor funds
  • Represented a bookkeeper for a celebrity gambler investigated by the SEC for insider trading
  • Represented a medical practice related to claims that CFO embezzled funds to pay for personal medical expenses
  • Represented an Audit Committee and Demand Review Committee of publicly traded real estate investment trust (REIT) related to allegations of breach of fiduciary duty, securities fraud (10b-5) and Ponzi scheme activity, including FBI raid on corporate headquarters
  • Represented a NYSE-listed global manufacturer of mass transportation equipment in an SEC inquiry related to corporate compliance with SEC regulations and impact on severance and nondisclosure agreements
  • Represented a NYSE-listed global manufacturer in whistleblower claims related to segregation of duties
  • Represented an Audit Committee of a privately held construction company related to whistleblower claims and claims of accounting fraud and breaches of fiduciary duty
  • Represented an Audit Committee of a publicly traded oil and gas exploration company in connection with an internal investigation related to whistleblower claims into accounting irregularity
  • Represented a chief accounting officer of subsidiary of Fortune Global 2000 company in testimony before the U.S. Securities and Exchange Commission (SEC)
  • Representing a national hospital chain in government investigation related to billing concerns
  • Provided counsel to various companies related to Foreign Corrupt Practices Act (FCPA)
  • Represented an Audit Committee of Fortune 500 technology-outsourcing company in connection with internal investigation on issues raised by Sarbanes-Oxley (SOX)
  • Represented a private national nursing home company in internal investigation arising from whistleblower allegations

  • Represented a biopharmaceutical company in False Claims Act (FCA) qui tam litigation alleging kickback scheme, improper billing related to wound care products, and retaliation
  • Represented a biopharmaceutical company in qui tam litigation related to off-label promotion of medical devices related to epilepsy treatments post-op and surgical ablation, as well as a claim for retaliation
  • Represented a large hospital in qui tam litigation under the FCA alleging overbilling for laboratory services and retaliation

  • Represented a liquefied natural gas (LNG) export company in arbitration related to consulting fees and breach of contract
  • Represented a physician in arbitration related to fraudulent inducement into a sales agreement
  • Represented a Chilean corporation in post-closing adjustment dispute alleging fraudulent representations and warranties given by the seller
  • Represented a partner in title company related to claims that her other partner embezzled millions from the partnership
  • Represented a national hospital chain in partnership dispute and buy-out clauses
  • Represented a medical device manufacturer in arbitration related to termination of supply contract (four-week arbitration)
  • Represented a high-net-worth individual in suit related to embezzlement from her estate by family member
  • Represented an oil and gas company in arbitration related to consulting fees and breach of contract (two-week arbitration)
  • Represented a hospital chain and local hospital against claim to dissolve partnership (six-week trial)
  • Represented a nationwide electricity and natural gas marketing company in defense of a putative statewide consumer class action challenging various representations under defendant's terms of service agreement as violating the New York Energy Service Company Consumer Bill of Rights and the New York deceptive practices law
  • Represented a nationwide electricity and natural gas marketing company in defense of a putative class action involving residents of New Jersey, California, Connecticut, Delaware, Illinois, Maryland, Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island, Texas, Virginia and Washington, D.C., challenging various billing and marketing practices, alleging breaches of the covenant of good faith and fair dealing, unjust enrichment and violations of the New Jersey Consumer Fraud Act
  • Represented a nationwide electricity and natural gas marketing company in defense of a putative statewide consumer class action challenging various representations related to pricing of defendants' energy products and alleging breach of contract and unjust enrichment
  • Represented a large national hospital chain in defense of claim on guarantee related to office building
  • Represented an oil and gas partnership in suit to enforce $10 million purchase of asset
  • Represented a REIT to enforce purchase of shopping center in Texas
  • Represented an oil and gas partnership against claims of breach of contract and fraud in sale of mineral leases
  • Represented majority of limited partners of an oil and gas partnership in dispute between managing partner and another limited partner, including injunction hearing
  • Represented a large national hospital chain in post-closing adjustment claims and potential litigation
  • Represented a New York Stock Exchange (NYSE)-listed oil and natural gas company in a multimillion-dollar arbitration related to merger and subsequently discovered title defects
  • Represented a Fortune 100 agricultural equipment manufacturer in a multimillion-dollar arbitration with a multinational energy services company concerning energy management services contract
  • Represented a Fortune 500 air carrier in defense of a multimillion-dollar personal injury claim
  • Represented a Nasdaq-listed manufactured housing company in breach of contract claim
  • Represented an international wireless telephone equipment manufacturer accused of patent infringement
  • Trial of breach of contract dispute between a national real estate broker, custom homebuilder and homebuyer

  • Represented an indigent defendant against a federal criminal indictment for fraudulent use of a credit card
  • Trial of a prisoner's federal civil rights case alleging deliberate indifference by prison officials to prisoner's advanced cardiac condition (one week trial)
  • Represented an indigent defendant against a federal criminal indictment for methamphetamine possession with intent to distribute and related gun charges
  • Represented an indigent defendant against a federal criminal indictment for criminal copyright infringement

Credentials

Education
  • Cornell Law School, J.D., cum laude
  • Cornell University, Certificate, Financial Management
  • Texas A&M University, M.A.
  • University of New Mexico, B.A., cum laude
Bar Admissions/Licenses
  • New York
  • Texas
  • Kansas
Court Admissions
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Oklahoma
  • U.S. District Court for the Western District of Texas
  • U.S. Supreme Court
Memberships
  • Dallas Association of Young Lawyers Foundation, Life Fellow
  • Association of Certified Fraud Examiners (ACFE), Dallas Area Chapter, Board of Directors
  • National Association of Corporate Directors (NACD), Governance Fellow, 2019
  • American Bar Association, Litigation Section Business Torts Committee, Evidence Subcommittee, Co-Chair, 2011-2012
  • State Bar of Texas, Administration and Public Law Section; Antitrust and Business Litigation Section; Appellate Section; Litigation Section
  • New York Bar Association
  • Texas Bar Foundation, Fellow
  • The College of the State Bar of Texas, Fellow
  • Texas Association of Defense Counsel (TADC)
  • Texas Young Lawyers Association (TYLA)
  • Dallas Bar Association, Securities Section, Chair, 2022, Program Chair, 2019, Treasurer, 2020, Vice Chair, 2021; Appellate Law Section; Trial Skills Section
  • Dallas Association of Young Lawyers (DAYL), Member; DAYL Leadership Class, 2004
  • Federal Bar Association, Qui Tam Section, Education Committee, 2022
  • Federal Bar Association (FBA) Dallas Chapter, President, 2014-2015; Young Lawyers Division Coordinator, 2009-2010; Membership Chair, 2010-2011; Secretary, 2011-2012; Vice President, 2012-2013; President-Elect, 2013-2014
  • The Federalist Society
  • DRI – The Voice of the Defense Bar, Membership Committee for DRI Commercial Litigation Class Action Specialized Litigation Group, 2008
  • Patrick Higginbotham American Inn of Court, Associate, 2005-2006; Barrister, 2012-2014
  • Dallas Children's Theater, Board of Trustees
  • Central Regional Advisory Board, Make-A-Wish Foundation of North Texas, 2009-2011
  • March of Dimes' March for Babies, Revenue Development Committee, 2008
  • Writers' League of Texas, 2008-2010; Co-Chairman, Development Committee, Board of Directors, 2009-2010
  • Mensa International
Honors & Awards
  • Top 100 Overall, Texas Super Lawyers magazine, 2021
  • Texas Super Lawyers magazine, 2013-2022
  • The Best Lawyers in America guideCommercial Litigation, Litigation-Securities, 2018-2023
  • Top Rated Litigators, The American Lawyer, 2021
  • Best Lawyers in Dallas, D Magazine, Business Litigation; Class Action; Securities Litigation; Enforcement, 2015-2018, 2020, 2022
  • Rising Star, Texas Super Lawyers magazine, Business Litigation; Securities Litigation, 2009-2012
  • The Legal 500 USA, Securities Litigation – Defense, 2019
  • Future Star, Benchmark: The Definitive Guide to America's Leading Litigation Firms & Attorneys, 2009
  • Pro Bono Award of Merit, U.S. District Court for the Northern District of Texas, Dallas Division Pro Bono Civil Panel, 2014
  • Martindale-Hubbell AV Preeminent Peer Review Rated

Publications

Speaking Engagements

News