Michael A. Swartzendruber

Head of Dispute Resolution and Litigation, Dallas
Norton Rose Fulbright US LLP

Dallas
United States
T:+1 214 855 8067
Dallas
United States
T:+1 214 855 8067
Michael A. Swartzendruber

Michael A. Swartzendruber

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Biography

Mike Swartzendruber serves as the Head of Litigation and Dispute Resolution in Norton Rose Fulbright's Dallas office, where he has practiced commercial and securities litigation since 1996.

Mike concentrates his practice in the area of complex, high-stakes business disputes, with a significant emphasis on securities, director and officer, and antitrust litigation. He has extensive experience successfully representing national and international companies, their directors and officers, and various investment banks and other financial institutions in federal and state securities litigation, shareholder derivative actions, M&A cases, antitrust litigation, contract disputes, and cases involving fraud, business torts and unfair competition claims. He has also handled numerous matters involving corporate control, minority shareholder claims, business break-ups, and bankruptcy adversary proceedings.

For more than 20 years, Mike has enjoyed particular success representing some of the nation's largest and most successful theater companies in a variety of significant business cases, including various matters seeking to challenge established film licensing practices under both federal and state antitrust laws.

Mike has also successfully defended major public companies in numerous class action suits alleging securities law violations and various other types of statutory and common law claims, including purported violations of various federal statutory schemes, such as the Fair and Accurate Credit Transactions Act and Fair Credit Reporting Act.


Professional experience

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JD, with honors, The University of Texas School of Law , 1990
BA, with honors, Plan II Liberal Arts Honors Program, The University of Texas at Austin, 1987

While attending law school, Mike was elected to the Order of Barristers.

  • Texas State Bar

Below are descriptions of some of Mike's representative matters:

  • Secured the dismissal of all claims of an independent exhibitor suing one of the nation's largest theater chains for alleged antitrust violations related to film licensing, and obtained an award of more than $300,000 in attorneys' fees as sanctions against the plaintiff
  • Currently defending one of the nation's largest theater companies in a case alleging federal antitrust claims based upon allegedly improper film licensing practices
  • Defended class action litigation seeking to enjoin the merger of two of the nation's largest public homebuilders; the merger successfully closed in August 2009
  • Defended a corporate director in a recent derivative action for breach of fiduciary duty and self-dealing, defeating injunction claims and securing the dismissal of all derivative claims
  • Obtained the dismissal of all class securities claims against the lead underwriters of a secondary public stock offering on behalf of a provider of equipment used in oil and gas exploration
  • Defended class action claims alleging that purported ERISA violations by a publicly traded homebuilder had resulted in significant losses to employees holding investments in the company's stock fund
  • Defended a brokerage firm accused of securities violations, first obtaining the dismissal of class claims brought under the federal securities laws and later defeating purchaser attempts to bring similar class claims in an alternate venue under state securities laws
  • Defended one of the nation's largest movie theater chains in federal antitrust litigation
  • Represented a major Wall Street investment bank and obtained the dismissal with prejudice of claims that it had violated the federal securities laws in connection with the allegedly anticipated initial public offering of a film animation company
  • Obtained the dismissal with prejudice in Arizona federal court of class action claims against the mortgage banking subsidiary of one of the nation's largest investment banks
  • In an adversary proceeding in the bankruptcy of a wholly owned operating subsidiary, successfully moved to dismiss all but one fiduciary duty claim against the CEO of the parent company, setting the stage for the highly favorable settlement of the only remaining claim
  • Defended a class action in Florida federal court asserting claims against a nationwide retailer, which were settled for a nominal amount with the named plaintiff on the heels of filing a motion to dismiss all claims for failure to state a claim
  • As co-counsel, represented the directors and officers of one of the largest corporations in the United States in parallel securities class action and derivative proceedings; together with counsel for the company, successfully litigated issues of first impression under Texas law governing derivative proceedings, resulting in the cases settling on highly favorable terms
  • As co-counsel, tried to a defense verdict in Dallas federal court claims arising from the settlement of federal class action securities claims against the directors and officers of a publicly traded provider of health care services; take-nothing judgment was affirmed in all respects by the Fifth Circuit Court of Appeals
  • As co-counsel, represented the lead underwriters in connection with the securities claims arising from the initial public offering of a Texas-based retail distributor of music, books and videos; matter settled with the underwriters paying nothing
  • As co-counsel, successfully defended the directors and officers of a Florida public company in a derivative action filed in Texas seeking to prevent a management-led buyout of the company; case was ultimately abated, permitting the settlement of parallel proceedings in Florida and the consummation of the transaction
  • Client Service All-Star, BTI Consulting Group Inc., 2015
  • The Best Lawyers in America, Best Lawyers, 2010 - 2020
  • Texas Super Lawyers, business litigation, Thomson Reuters, 2003, 2008, 2012 - 2019
  • Texas Top Rated Lawyer, LexisNexis Martindale-Hubbell, 2012 - 2014
  • Best Lawyers Under 40 in Dallas, D Magazine, 2002
  • Top 15 Business Defense Attorneys in North Texas, Dallas Business Journal, 2010
  • American Bar Association
  • Dallas Bar Association
  • Texas Bar Foundation, Fellow since 1996
  • Dallas Summer Musicals, Board of Directors
  • Dallas Business Committee for the Arts, Leadership Arts Class (2003 - 2004)

Knowledge

AMEX clears antitrust violation

Publication | June 26, 2018