Overview

Michael Stockham is a trial attorney in Holland & Knight's Dallas office. Mr. Stockham focuses, both in and out of the boardroom and courtroom, on helping companies and individuals navigate the complex world of litigation and government regulation and enforcement. He has tried multimillion-dollar lawsuits to verdict and served as lead trial counsel or as a member of multifaceted trial teams in state and federal courts.

Mr. Stockham provides counsel in such areas as corporate governance, corporate compliance, fraud and breach of fiduciary duty, shareholder rights, securities fraud (including 10b-5, Section 11, Texas Securities Act), class actions, merger litigation, partnership and corporate disputes, qui tam litigation defense, and white collar defense for companies and individual executives. He is also known for his ability to conduct sensitive internal investigations for audit committees, demand review committees or other corporate entities in a cost-effective manner that accomplishes the necessary objectives of the investigation and is least disruptive to the ongoing business enterprise. Mr. Stockham also serves as editor of the Holland & Knight SECond Opinion's Blog.

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. In addition, Mr. Stockham is 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 a New York Stock Exchange (NYSE)-listed global manufacturer of mass transportation equipment in a U.S. Securities and Exchange Commission (SEC) inquiry related to corporate compliance with SEC regulations and impact on severance and nondisclosure agreements
  • 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 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
  • Representing 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
  • 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
  • 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 the 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
  • Represented a New York Stock Exchange (NYSE)-listed global manufacturer in whistleblower claims related to segregation of duties
  • Represented the audit committee of a privately held construction company related to whistleblower claims and claims of accounting fraud and breaches of fiduciary duty
  • Represented the 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 the 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 hospital chain and local hospital against claim to dissolve partnership
  • Represented a large hospital in qui tam litigation under the False Claims Act (FCA) alleging overbilling for laboratory services
  • 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 defense of FCA suit
  • 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
  • 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
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, Program Chair, 2019; Appellate Law Section; Trial Skills Section
  • Dallas Association of Young Lawyers (DAYL), Member; DAYL Leadership Class, 2004
  • 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, 2013-2021
  • The Best Lawyers in America guideCommercial Litigation, Litigation-Securities, 2018-2022
  • 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