Michael A. Swartzendruber

Partner-in-Charge, Dallas Norton Rose Fulbright US LLP
Dallas
United States
+1 214 855 8067
Dallas
United States
+1 214 855 8067
Michael A. Swartzendruber

Michael A. Swartzendruber

Biography

Mike Swartzendruber serves as the Partner-in-Charge for Norton Rose Fulbright's Dallas office, where he has practiced commercial, antitrust, 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 nearly 35 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 film licensing practices under both federal and state antitrust laws.  During the past several years, Mike has similarly led teams that have secured a number of highly significant defense wins for one of the nation’s largest airlines.

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

Representative experience

Representative experience

Below are some of Mike's representative matters:

  • Secured and defended an antitrust summary judgment in favor of one the nation’s largest theater chains.  After obtaining a trial court dismissal of all antitrust claims and following an intermediate appeal, Mike argued the case to the Supreme Court of Texas, which ruled unanimously in favor of Mike’s client in a detailed opinion holding that Texas antitrust law, like federal law, will protect vigorous, lawful competition against circumstantial claims and evidence of anticompetitive conduct
  • Secured a take-nothing antitrust victory for one of the nation’s largest movie theater operators. After defeating most claims and all but a tiny fraction of the requested damages in a six-week jury trial in California, Mike argued and obtained a reversal of even the small damages award. The case culminated in a landmark published opinion vindicating modern theater-chain motion picture licensing and competitive practices and which represents the most comprehensive discussion by California courts on the proper application of the rule of reason to alleged vertical restraints under California antitrust law
  • Secured a complete dismissal on behalf of one of the four major US airlines of a RICO class action suit alleging that the airline client and Boeing conspired to hide safety defects in the Boeing 737 Max 8 aircraft. In November 2022, a three-judge panel of the United States Fifth Circuit Court of Appeals ruled unanimously in a published opinion that the class claims were not certifiable and that the plaintiffs lacked standing to sue
  • Presently representing one of the four major US airlines in nationwide federal class action securities claims pending in federal district court  
  • Secured dismissal with prejudice from federal court of nationwide federal consumer class action against one of the nation’s major airlines and led team that secured an affirmance from the Fifth Circuit Court of Appeals
  • Presently representing one of the nation’s largest airlines in a nationwide class action pending in Pennsylvania federal district court. Mike presented argument in opposition to class certification in July 2023, and the matter is awaiting a court ruling 
  • Defended class action litigation seeking to enjoin the merger of two of the nation's largest public homebuilders; the merger successfully closed
  • 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
  • Successfully 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

Rankings and recognitions

Rankings and recognitions

  • Chambers USA, Texas: Antitrust, Chambers and Partners, 2021-2025
  • Legal 500 US, Antitrust: Civil litigation/class actions: Defense, The Legal 500, 2022-2024
  • Client Service All-Star, BTI Consulting Group Inc., 2015
  • The Best Lawyers in America, Commercial Litigation, Best Lawyers, 2010-2025
  • Lawdragon 500 Leading Litigators in America, Lawdragon, 2024-2025
  • Texas Super Lawyers, Business litigation, Antitrust Litigation, Thomson Reuters, 2003, 2008, 2012-2025
  • Texas Top Rated Lawyer, LexisNexis Martindale-Hubbell, 2012-2025
  • Best Lawyers Under 40 in Dallas, D Magazine, 2002
  • Top 15 Business Defense Attorneys in North Texas, Dallas Business Journal, 2010
  • Best Lawyers - Commercial Litigation, Best Lawyers, 2022 – 2023
  • America's Most Honored Lawyers, 2025

Education

Education

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
Order of Barristers.

Admissions

Admissions

  • Texas State Bar

Memberships and activities

Memberships and activities

  • 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)

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