Michael P. Sternheim
is a litigation associate resident in Fried Frank's New York office.
Mr. Sternheim represents financial institutions and corporations in cases involving a broad array of corporate disputes, with an emphasis on securities and shareholder litigation. He has experience representing boards and senior management in connection with confidential internal investigations, as well as individuals and entities in connection with United States Attorney's Office and SEC investigations, including insider trading investigations.
Among Mr. Sternheim's recent notable representations in the shareholder and securities arena include:
- Defense of the Chairman and former CEO of a Jason Industries, Inc. in litigation arising from the company's issuance of preferred stock. The New York Supreme Court, Commercial Division dismissed the plaintiff's complaint with prejudice.
- Defense of the Special Committee of IAC/InterActiveCorp in connection with shareholder litigation in the Delaware Court of Chancery following the company's announcement proposing to create a class of non-voting common stock.
- Defense of a family-owned and managed investment fund, as well as the fund's CEO and former Chief Investment Officer, against breach of fiduciary duty and insider trading claims in shareholder derivative litigation relating to the fund's investments in a public technology company. The Delaware Chancery Court dismissed the plaintiff's complaint with prejudice.
- Defense of the Board of Directors and Special Committee of Under Armour, Inc. in four shareholder lawsuits filed in Maryland state court following the company's announcement of a new capital structure, including a plan to issue a new class of shares.
- Defense of Under Armour, Inc. and members of its Board of Directors in federal securities litigation and shareholder derivative litigation filed in the US District Court for the District of Maryland.
Mr. Sternheim also regularly represents clients in complex commercial disputes. Past representations include:
- Defense of an insurance company in two RICO litigations alleging that mishandling of insurance claims amounted to mail and wire fraud.
- Representation of a real estate private equity firm in litigation in New York State Court brought by a contractual counterparty seeking to compel the appointment of a sole appraiser in contravention of the contract's terms.
- Defense of a major financial institution in a potential ground lease rent reset arbitration that was successfully negotiated with the landlord without the need to resort to arbitration.
Mr. Sternheim maintains an active pro bono practice, representing clients in criminal and civil proceedings at both the trial and appellate levels. In pro bono criminal defense matters, Mr. Sternheim has represented clients at sentencing and on appeal through the Southern District of New York's Criminal Justice Act (CJA) Panel. He also has experience representing clients on a pro bono basis in immigration matters before federal Immigration Courts and in New York State Court. Notably, Mr. Sternheim recently argued before the New York Supreme Court, Appellate Division, Second Department, successfully obtaining the reversal of a decision by the Queens Family Court that prevented a minor from El Salvador from seeking lawful permanent resident status in the United States.
Mr. Sternheim is a member of the Firmwide Attorney Development Committee.
Prior to joining Fried Frank, Mr. Sternheim served as a law clerk to the Hon. Nicholas J. Tsoucalas (ret.) on the United States Court of International Trade from 2012 to 2014.
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