Michael R. Young

Partner

New York
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
T 212 728 8280
F 212 728 9280
myoungwillkie.com

Michael R. Young is a litigation partner whose practice concentrates on securities and financial reporting with a particular emphasis in accounting issues.

Mike is Chair of the firm’s Securities Litigation and Enforcement Practice and concentrates on the representation of companies, audit committees, officers, directors, accounting firms, and investment banks in domestic and international securities class actions, SEC and other governmental proceedings, and special committee investigations. His trial work has included financial reporting matters in federal, state, and bankruptcy courts throughout the United States. His experience includes the landmark jury verdict for the defense in the first securities class action tried before a jury pursuant to the Private Securities Litigation Reform Act of 1995.  Chambers USA (2014) ranks Mike in Band 1 for Litigation – Securities.

Mike has served as a member of the Financial Accounting Standards Advisory Council to the Financial Accounting Standards Board.  He also serves as Chair of the Financial Reporting Committee of the New York City Bar Association and as counsel to the American Institute of Certified Public Accountants and the newly-formed Center for Audit Quality. He has been described by Chambers (USA) as "the best lawyer in the city" for accounting firm-related disputes, been profiled in Lawdragon magazine among its "500 Leading Lawyers in America," been named by U.S. News as one of the "best lawyers" in the U.S., been described by New York magazine as one of New York City’s "best lawyers," been listed as a "Litigation Star" in Benchmark Litigation, and been named by Accounting Today as one of the "top 100 most influential people in accounting."

Mike's clients include a former Chairman of the SEC, a former Chief Accountant of the SEC, a former Chairman of a Senate investigative committee, and other such officials in their capacity as members of boards of directors or audit committees. They also include most of the largest accounting firms and numerous public companies and their officials.

Highlights

Michael R. Young is a litigation partner whose practice concentrates on securities and financial reporting with a particular emphasis in accounting issues.

Mike is Chair of the firm’s Securities Litigation and Enforcement Practice and concentrates on the representation of companies, audit committees, officers, directors, accounting firms, and investment banks in domestic and international securities class actions, SEC and other governmental proceedings, and special committee investigations. His trial work has included financial reporting matters in federal, state, and bankruptcy courts throughout the United States. His experience includes the landmark jury verdict for the defense in the first securities class action tried before a jury pursuant to the Private Securities Litigation Reform Act of 1995.  Chambers USA (2014) ranks Mike in Band 1 for Litigation – Securities.

Mike has served as a member of the Financial Accounting Standards Advisory Council to the Financial Accounting Standards Board.  He also serves as Chair of the Financial Reporting Committee of the New York City Bar Association and as counsel to the American Institute of Certified Public Accountants and the newly-formed Center for Audit Quality. He has been described by Chambers (USA) as "the best lawyer in the city" for accounting firm-related disputes, been profiled in Lawdragon magazine among its "500 Leading Lawyers in America," been named by U.S. News as one of the "best lawyers" in the U.S., been described by New York magazine as one of New York City’s "best lawyers," been listed as a "Litigation Star" in Benchmark Litigation, and been named by Accounting Today as one of the "top 100 most influential people in accounting."

Mike's clients include a former Chairman of the SEC, a former Chief Accountant of the SEC, a former Chairman of a Senate investigative committee, and other such officials in their capacity as members of boards of directors or audit committees. They also include most of the largest accounting firms and numerous public companies and their officials.

Selected Significant Matters

Congressional and Regulatory Testimony

  • Hearing before the Subcommittee on Securities of the Senate Banking Committee on Adapting a 1930’s Financial Reporting Model to the 21st Century (convened by Senate subcommittee to explore potential innovations in financial reporting to address concerns regarding accounting irregularities, earnings management, and stock market volatility)
  • Hearings before the Advisory Committee on the Auditing Profession of the Department of the Treasury (Treasury Department committee formed to make recommendations to the Treasury Secretary on the sustainability of the public company auditing profession)
  • Hearings before the Public Company Accounting Oversight Board on proposed changes to the Auditor’s Reporting Model (convened to explore potential expansion of the standard form of auditor’s report)
  • Hearings before the Blue Ribbon Committee on Improving the Effectiveness of Corporate Audit Committees of the New York Stock Exchange and the National Association of Securities Dealers (written testimony provided to blue ribbon panel at the request of the SEC)
  • Hearings before the Panel on Audit Effectiveness of the Public Oversight Board (panel created at the request of the SEC to study potential improvements to the outside audit function)

Legislative and Regulatory Pronouncements

Assisted in preparation and/or enactment of:

  • Private Securities Litigation Reform Act of 1995, 15 U.S.C. § 78j-1 (Supp. 1996) (federal securities reform legislation passed by Congress over veto of President Clinton in December 1995)
  • Securities Litigation Uniform Standards Act of 1998, S. 1260, 105th Cong., 2d Sess. (federal securities reform legislation enacted to further implement objectives of Private Securities Litigation Reform Act)
  • Uniform Accountancy Act, see Accountancy Law Reporter 1031-1050 (CCH) (uniform act governing certification and practice of CPAs, presently enacted in whole or in part in most states)
  • Statement on Auditing Standards No. 53, The Auditor’s Responsibility to Detect and Report Errors and Irregularities
  • Statement on Auditing Standards No. 54, Illegal Acts by Clients
  • Statement on Auditing Standards No. 55, Consideration of Internal Control in a Financial Statement Audit
  • Statement on Auditing Standards No. 57, Auditing Accounting Estimates
  • Statement on Auditing Standards No. 58, Reports on Audited Financial Statements
  • Statement on Auditing Standards No. 59, The Auditor’s Consideration of an Entity’s Ability to Continue as a Going Concern
  • Statement on Auditing Standards No. 60, Communication of Internal Control Related Matters Noted in an Audit
  • Statement on Auditing Standards No. 61, Communication With Audit Committees
  • Statement on Auditing Standards No. 65, The Auditor’s Consideration of the Internal Audit Function in an Audit of Financial Statements
  • Statement on Auditing Standards No. 69, The Meaning of Present Fairly in Conformity With Generally Accepted Accounting Principles in the Independent Auditor’s Report
  • Statement on Auditing Standards No. 82, Consideration of Fraud in a Financial Statement Audit; see AICPA Professional Standards AU §§ 316-623 (professional standards constituting Generally Accepted Auditing Standards)
  • Internal Control – Integrated Framework (prepared by the Committee of Sponsoring Organizations pursuant to recommendations of the National Commission on Fraudulent Financial Reporting)
  • An Act Relating to the Sale of Certificates of Deposit, 31 Iowa Code §§ 534.702, 534.704 (1993) (amendment to Iowa banking code exempting certain broker-dealer activities in connection with brokered CDs)
  • An Act Concerning Accountants’ Liability, N.J. Stat. C.2A:53A-25 (amendment to New Jersey state code limiting non-privity actions against accountants)

Accounting Investigations

Participated in investigations or inquiries into potential accounting issues involving:

  • Olympus Corp.; Dell Inc.; HealthSouth Corporation; Enron Corporation; Xerox Corporation; The City of San Diego; Fannie Mae; Delphi Corporation; Doral Financial Corporation; Cendant Corporation; Edison Schools Inc.; Just for Feet, Inc.; Baxter International Inc.; Lancer Corporation; Janus Funds; Metromedia Fiber Network, Inc.; Elan Corporation; Footstar, Inc.; Anicom, Inc.; Gemstar-TV Guide International, Inc.; Med Diversified, Inc.; OM Group, Inc.; Emex Corporation; Gerber Scientific, Inc.; Interpool, Inc.; Lucent Technologies Inc.; Health Management, Inc.; Twinlab Corporation; Cumulus Media, Inc.; Worldwide Xceed Group, Inc.; Breed Technologies, Inc.; Information Management Associates, Inc.; and Sharp International Corporation.

Litigations

  • In re American International Group, Inc. Securities Litigation, No. 08-CV-4772-LTS (S.D.N.Y.) – representing AIG risk management in securities class actions and related SEC, Department of Justice, and Congressional investigations in connection with credit default swap and other mortgage-related financial instruments. See Wall Street Journal, June 16, 2008, at A1; New York Times, Sept. 28, 2008, at 1; Financial Times, Aug. 7, 2008, at 11.
  • In re Merrill Lynch & Co., Inc. Securities, Derivative and ERISA Litigation, No. 07-CV-9633 (LBS) (S.D.N.Y.) – Representing Merrill Lynch senior official in securities class actions and related matters arising out of writedowns of subprime-related financial instruments. See The Wall Street Journal, July 18, 2008, at A1; The New York Times, July 18, 2008, at C1; Financial Times, July 18, 2008, at 1.
  • In re The Bear Stearns Companies Inc. Securities, Derivative, and ERISA Litigation, No. 08-CV-2793 (S.D.N.Y.) – Representing Bear Stearns senior official in class actions and related matters arising out of writedowns of subprime-related financial instruments and events leading to acquisition by JPMorgan. See The Wall Street Journal, March 17, 2008, at A1; The New York Times, March 18, 2008, at C1; Financial Times, March 17, 2008, at 1.
  • In re Fannie Mae Securities Litigation, No. 1:04-CV-01639 (D. D.C.) – Representing auditor in audit committee investigation, securities class actions, derivative litigation, and SEC proceedings arising out of accounting issues at Fannie Mae.  See Fortune, Jan. 24, 2005, at 123; Wall Street Journal, Dec. 23, 2004, at A1; New York Times, Dec. 22, 2004, at C1; Wall Street Journal, Dec. 22, 2004, at A1; Wall Street Journal, Dec. 17, 2004, at A1; Wall Street Journal, Dec. 16, 2004 at A1.
  • In re Ambac Financial Group, Inc. Securities Litigation, No. 08-00411-NRB (S.D.N.Y.) – representing defendant accounting firm in securities class actions arising out of monoline insurer products involving mortgage-backed securities, collaterized debt obligations, and credit default swaps. See The Wall Street Journal, January 19, 2008, at 1; Financial Times, January 19, 2008, at 1.
  • In re Molson Coors Brewing Co. Securities Litigation, Civ. No. 05-294-KAJ, 2005 WL 3271488 (D. Del.) – Representing public company, officers and directors in international securities class actions arising out of merger of Molson, Inc. and Adolph Coors Company.  See In re Molson Coors Brewing Co. Sec. Litig., 233 F.R.D. 147 (D. Del. 2005); Wall Street Journal, Oct. 1, 2007, at B1; Wall Street Journal, June 10, 2005, at B2; Wall Street Journal, Sept. 24, 2004, at C1.
  • In re Elan Corp. Securities Litigation, No. 02-CV-865 (WK) (FM) (S.D.N.Y.) – Representing defendant accounting firm in $12.5 billion international securities class actions arising out of accounting issues at Elan.  See Business Week, Sept. 15, 2003, at 20; Wall Street Journal, Oct. 31, 2002, at A6; Irish Times, Aug. 1, 2002, at 18; Wall Street Journal, Jan. 30, 2002, at A1; Financial Times, April 11, 2000, at 29.
  • In re Edison Schools, Inc. Securities Litigation, No. 02-3692 (S.D.N.Y.) – Representing defendant accounting firm in securities class actions and first “real time” SEC enforcement action arising out of alleged improper accounting at Edison Schools.  See Fortune, Oct. 27, 2003, at 103; New York Times, May 15, 2003, at C4; Wall Street Journal, Oct. 22, 2002, at B1; Business Week, June 3, 2002, at 44; Time, May 27, 2002, at 53; Wall Street Journal, Feb. 14, 2002, at A8.
  • Just For Feet, Inc. Securities Litigation (State of Wisconsin Investment Board v. Ruttenberg), No. CV-BV-3097-5 (N.D. Ala.) – Representing defendant accounting firm in $1.1 billion securities class actions, Alabama state court proceedings, bankruptcy trustee litigation, and parallel SEC and Department of Justice investigations arising out of accounting issues at Just For Feet.  See New York Times, April 27, 2005, at C5; Wall Street Journal, May 13, 2003, at C1; Forbes, March 19, 2001, at 109.
  • Footstar, Inc. Securities Litigation (Rush v. Footstar, Inc.), No. 2-CV-9130 (RMB) (S.D.N.Y.) – Representing defendant accounting firm in $65 million securities class actions, shareholder derivative litigation, and bankruptcy litigation arising out of accounting issues at Footstar.  See Wall Street Journal, March 4, 2004, at B3; Wall Street Journal, Sept. 16, 2003, at B2; Wall Street Journal, July 25, 2003, at C1; Wall Street Journal, June 17, 2003, at C3.
  • In re Doral Financial Corporation Securities Litigation, No. 1:05-MD-01706-RO (S.D.N.Y.) – Representing chief financial officer in audit committee investigation, securities class actions, and parallel SEC and Department of Justice investigations arising out of accounting issues at Doral.  See Wall Street Journal, Dec. 9, 2005, at C3.
  • In re The Leslie Fay Companies, Inc. Securities Litigation, No. 92 Civ. 8036 (S.D.N.Y.) – Representing defendant accounting firm in $76 million securities class actions arising out of accounting irregularities at Leslie Fay.  See In re The Leslie Fay Cos. Sec. Litig., 918 F. Supp. 749 (S.D.N.Y. 1996); Wall Street Journal, Apr. 7, 1995, at B4; Wall Street Journal, Mar. 29, 1995, at B10; Wall Street Journal, Mar. 28, 1995, at 1, B1.
  • In re Health Management, Inc. Securities Litigation, No. 96-CV-889 (E.D.N.Y.) – Representing defendant accounting firm in four-week jury trial of securities class actions arising out of discovery of accounting irregularities at Health Management, Inc.  See In re Health Management, Inc. Sec. Litig., 184 F.R.D. 40 (E.D.N.Y. 1999); Journal of Accountancy, Feb. 2000, at 15; Accounting Today, Nov. 22, 1999, at 3; National Law Journal, Nov. 15, 1999, at B5; New York Law Journal, Oct. 29, 1999, at 1; Wall Street Journal, Oct. 28, 1999, at B2; Wall Street Journal, Feb. 28, 1996, at B6.
  • In re Fine Host Corp. Securities Litigation, No. 3-97CV02619-JCH (D. Conn.) – Representing public company, officers and directors in $175 million securities class actions and bondholder actions arising out of discovery of accounting irregularities and subsequent restatement of earnings.  See Forbes, March 23, 1998, at 124; Wall Street Journal, Feb. 9, 1998, at 1, C17; New York Times, Dec. 16, 1997, at D12; Wall Street Journal, Dec. 15, 1997, at A8.
  • In re Twinlab Corp. Securities Litigation, No. 98-CV-7425 (E.D.N.Y.) – Representing public company, officers and directors in securities class actions arising out of discovery of alleged accounting irregularities followed by decline in stock value of $80 million.  See Wall Street Journal, Feb. 14, 2000, at A34; Newsday, Mar. 29, 1999, at C8; Newsday, Feb. 25, 1999, at A52; Wall Street Journal, Feb. 25, 1999, at B9; New York Observer, Feb. 15, 1999, at 1.
  • In re Alert Securities Litigation, No. 92-Z-9150 (D. Colo.) – Representing defendant telecommunications company, officers and directors in $250 million multi-district securities class actions.  See Los Angeles Times, Mar. 3, 1992, at D1; New York Times, Jan. 12, 1992, at 3-15.
  • In re Mid-American Waste Systems, Inc. Securities Litigation, No. 97-325-AJL (D. N.J.) – Representing defendant officers and directors in multi-district securities actions arising out of alleged fraud in connection with $175 million junk-bond offering.  See Wall Street Journal, Apr. 16, 1996, at B14.
  • In re Physician Computer Network, Inc. Securities Litigation, No. 98-981-MTB (D. N.J.) – Representing director and consultant in investigation and multi-district securities class actions arising out of discovery of accounting irregularities at Physician Computer Network, Inc.  See Wall Street Journal, Apr. 3, 1998, at B5; Wall Street Journal, Mar. 4, 1998, at B5, C7.
  • In re Safety Components International, Inc. Securities Litigation, No. 2000-82-AJL (D. N.J.) – Representing defendant company and officers and directors in securities class actions arising out of alleged accounting irregularities and restatement of earnings.
  • In re Candie's, Inc. Securities Litigation, No. 99 Civ. 3618 (S.D.N.Y.) – Representing defendant company, officers, and directors in securities class actions arising out of discovery of alleged accounting irregularities at Candie's, Inc. See New York Post, Sept. 23, 1999, at 38; Wall Street Journal, Sept. 23, 1999, at B19; Wall Street Journal, June 28, 1999, at A8; Wall Street Journal, June 16, 1999, at B13.
  • Grabow v. PricewaterhouseCoopers LLP, CJ-2003-07975-Fransein (D. Okla.) – Defense of accounting firm in mutual fund class action litigation arising out of allegations of “market timing” and “late trading” in connection with Janus Funds.  See Business Week, Sept. 6, 2004, at 78; Wall Street Journal, Aug. 18, 2004, at D11; Fortune, April 19, 2004, at 107; Wall Street Journal, April 6, 2004, at C1; New York Times, April 4, 2004, at 27; Wall Street Journal, April 2, 2004, at C15.
  • Schwartz v. Dialogic Corp., No. MRS-L-2432-96 (Super. Ct. N.J.) – Representing defendant company and officers and directors in $81 million securities class action alleging fraud based on disappointing earnings.
  • In re Union Square Associates Securities Litigation, No. 11028 (Del. Ch.) – Representing defendant issuer, investment bank, officers, and directors in $72 million multi-district securities class actions.
  • In re First American Center Securities Litigation, No. MDL 869 (S.D.N.Y.) – Representing defendant issuer, investment bank, officers, and directors in $17 million multi-district securities class actions.
  • Securities Investor Protection Corp. v. BDO Seidman, LLP (S.D.N.Y.) -- Representing defendant accounting firm in $77 million financial reporting litigation arising out of accounting issues and reported misconduct at A.R. Baron & Co., Inc.  See SIPC v. BDO Seidman, LLP, 49 F. Supp. 2d 644 (S.D.N.Y. 1999); Wall Street Journal, Mar. 31, 1998, at B13; New York Times, Mar. 31, 1998, at D7; New York Law Journal, June 12, 2000, at 4; New York Law Journal, June 28, 2000, at 4.
  • Sullivan v. Shearson California Radisson Plaza Partners L.P., No. 89-5472 (C.D. Cal.) – Representing defendant issuer, investment bank, officers, and directors in $70 million securities class actions.
  • In re Colonial Realty Co., Nos. CV-92-0518561-S to CV-92-0518572-S (Super. Ct. Conn.) – Representing defendant AICPA in $350 million securities class actions arising out of accounting irregularities at network of real estate development companies.  See Waters v. Autuori, 236 Conn. 820, 676 A.2d 357 (S. Ct. 1996); Journal of Accountancy, Nov. 1996, at 94; D. Causey & S. Causey, Duties and Liabilities of Public Accountants (5th ed. 1995) (Jan. 1998 Supp. at 7); 76 The CPA Letter, at 5 (Sept. 1996); The Hartford Courant, Nov. 11, 1996, at A1.
  • Robbins v. Koger Properties, Inc., No. 95-2882 (11th Cir.) – Representing AICPA as amicus curiae participant before Eleventh Circuit in appeal seeking to overturn $81.3 million jury verdict in securities class action against accounting firm.  See Robbins v. Koger Properties, Inc., 116 F.3d 1441 (11th Cir. 1997); National Law Journal, Sept. 8, 1997, at B1; New York Times, Mar. 8, 1995, at D2; Wall Street Journal, Mar. 8, 1995, at B8.
  • In re Bennett Companies Investors Litigation, No. 96-601927 (N.Y.S. Ct.) – Representing defendant broker in $570 million securities class action arising out of alleged accounting irregularities and Ponzi scheme at Bennett Funding.  See Washington Post, Aug. 10, 1996, at A1; Wall Street Journal, Apr. 17, 1996, at 1; New York Times, Mar. 30, 1996, at 41.
  • Rabin v. Concord Assets Management Group, Inc., No. 89 Civ. 6130 (S.D.N.Y.) – Representing defendant accounting firm in $700 million securities class action.
  • The Hartz Mountain Corp. v. BDO Seidman, LLP, No. 96 Civ. 3042 (S.D.N.Y.) – Representing defendant accounting firm in $15 million securities action arising out of tender offer for nonpublic company.
  • TBK Partners v. ICH Corp., No. C-82-0695 (W.D. Ky.) – Representing investment bank in securities class actions involving allegedly improper fairness opinion.
  • Trump v. The Griffin Co., No. 88 Civ. 1870 (S.D.N.Y.) – Representing plaintiff real estate developer in securities action in connection with acquisition of the Taj Mahal casino in Atlantic City.  See Business Week, May 16, 1988, at 101; New York Times, May 12, 1988, at D1; Wall Street Journal, Mar. 22, 1988, at 4.
  • In the Matter of Fred Alger Management, Inc., No. NY-5696 (SEC) – Representing registered investment adviser in SEC investigation arising out of mutual fund advertisements.
  • Effron v. KPMG Peat Marwick, No. 11107/91 (N.Y.S. Ct.) – Representing defendant accounting firm in four-week jury trial arising out of action to recover damages allegedly caused by improper audit of financial statements.  See New York Law Journal, June 2, 1994, at 5; New York Law Journal, Apr. 20, 1994, at 21.
  • RTC v. Castellett, No. 92-4635 (D. N.J.) – Representing defendant accounting firm in $62 million action prosecuted by RTC arising out of failed savings and loan association.
  • FDIC v. Main Hurdman, No. S-85-552 (E.D. Cal.) – Representing defendant accounting firm in $166 million, ten-month jury trial prosecuted by FDIC arising out of failure of Continental Illinois National Bank and Trust Company.  See FDIC v. Main Hurdman, 655 F. Supp. 259 (E.D. Cal. 1987); Failed Bank & Thrift Lit. Rptr., Mar. 11, 1992, at 14918; Failed Bank & Thrift Lit. Rptr., Nov. 27, 1991, at 14420; D. Causey & S. Causey, Duties and Liabilities of Public Accountants, at 12 (5th ed. 1995).
  • Gee v. Seidman & Seidman, No. 82,365 (Fla. S. Ct.) – Representing AICPA as amicus curiae participant before Florida Supreme Court in appeal seeking reinstatement of jury verdict in action against accounting firm.  See Seidman & Seidman v. Gee, 625 So. 2d 1 (Fla. App. 1992); D. Causey & S. Causey, Duties and Liabilities of Public Accountants, at 143, 200, 388, 392 (5th ed. 1995); Accountant's Liability Review, at 1 (May 1994); Wall Street Journal, Apr. 17, 1992, at B8.
  • Ibanez v. Florida Department of Business and Professional Regulation, Board of Accountancy, No. 93-639 (U.S.) – Representing AICPA as amicus curiae participant before United States Supreme Court in First Amendment challenge to state accountancy regulations.  See Ibanez v. State of Florida Dep't of Business & Prof. Reg., 114 S. Ct. 2084 (1994); National Law Journal, June 27, 1994, at A12; Wall Street Journal, June 14, 1994, at B10.
  • United States v. Tenzer, No. 96-1653 (2d Cir.) – Representing AICPA as amicus curiae participant before Second Circuit in appeal arising out of Internal Revenue Service action against a practicing CPA.
  • Kemin Industries, Inc. v. KPMG Peat Marwick, No. 96-1093 (S. Ct. IA) – Representing AICPA as amicus curiae participant before Iowa Supreme Court in appeal seeking to overturn jury verdict in action against accounting firm.
  • Colorado State Board of Accountancy v. Zaveral Boosalis Raisch, No. 96-SC-579 (S. Ct. Colo.) – Representing AICPA as amicus curiae participant before Colorado Supreme Court in appeal arising out of state board of accountancy proceeding against accounting firm.
  • In re WRT Energy Securities Litigation, No. 96-3610-JFK (S.D.N.Y.) – Representing accounting firm to establish precedent governing confidentiality protections applicable to accounting firms producing audit work papers as nonparties to litigation.
  • Scioto Memorial Hospital Ass'n v. Price Waterhouse & Co., No. 94-409 (Ohio S. Ct.) – Representing AICPA as amicus curiae participant before Ohio Supreme Court in appeal seeking to overturn jury verdict in action against accounting firm.  See Scioto Memorial Hospital Ass'n v. Price Waterhouse, 659 N.E. 2d 1268 (Ohio S. Ct. 1996).
  • State of Iowa v. Shearson/American Express Co., No. 81-514-A (S.D. Iowa) – Representing defendant investment bank in action to enjoin brokerage firm involvement with certificates of deposit.  See Iowa v. Shearson/American Express Co., 408 N.W.2d 363 (Iowa 1987); see also M. Mayer, The Greatest Ever Bank Robbery, at 23 (1990).
  • Holt Leasing Co. v. Main Hurdman, No. 185006 (Cal. Super. Ct.) – Representing defendant accounting firm in action to recover damages allegedly caused by improper advice as to financial restructuring.
  • National Medical Transportation Network v. Deloitte & Touche, No. D024940 (Cal. 4th App. Dist.) – Representing AICPA as amicus curiae participant before California Court of Appeal in appeal seeking to overturn jury verdict in action against accounting firm.

Selected Professional and Business Activities

A frequent author on the subjects of financial reporting, audit committee effectiveness and the role and responsibilities of the independent auditor, Mike's books include The Financial Reporting Handbook (Wolters Kluwer 2003), Accounting Irregularities and Financial Fraud (Harcourt 2000), and Financial Fraud Prevention and Detection: Governance and Effective Practices (Wiley 2014). 

He has also submitted testimony in hearings before the Senate Banking Committee’s Subcommittee on Securities, the Treasury Department’s Advisory Committee on the Auditing Profession, the New York Stock Exchange’s Blue Ribbon Committee on Improving the Effectiveness of Corporate Audit Committees, and the Panel on Audit Effectiveness of the Public Oversight Board.  He also served as a member of New York Mayor Michael Bloomberg's Advisory Committee on the Judiciary.

Selected Publications and Lectures

Books

  • Financial Fraud Prevention and Detection: Governance and Effective Practices (Wiley 2014)
  • The Financial Reporting Handbook (Wolters Kluwer 2003)
  • Accounting Irregularities and Financial Fraud (Harcourt 2000)
  • Litigating Securities Class Actions (LexisNexis 2010) (contributing author)
  • Litigation Services Handbook: The Role of the Financial Expert (Wiley 2007) (contributing author)

Articles

  • Risk Management Oversight: A Debate Continues and Audit Committees Get Busier, Risk Compliance Magazine, July - Sept. 2014
  • Financial Fraud Prevention and Detection: Getting Back to Audit Committee Basics (Aspen 2014)
  • Financial Reporting After the Subprime Crisis: New Challenges for Audit Committees (PLI 2010)
  • The Board and Risk Management (Aspen 2010)
  • Fair Value Accounting & Subprime, 5 Securities Litigation Report 1 (April 2008)
  • The Role of Fair Value Accounting in the Subprime Mortgage Meltdown: Both Sides Make Good Points, Journal of Accountancy, May 2008, at 34
  • Eighteen Safeguards to Corporate Self-Investigation, 12 Metropolitan Corporate Counsel 13 (December 2004)
  • The Liability of Corporate Officials to their Outside Auditor for Financial Statement Fraud, 64 Fordham L. Rev. 2155 (1996), reprinted in The Best in D&O Duties and Liabilities (Bowne 1997) and Corporate Compliance: How to Be a Good Citizen Corporation Through Self-Policing (PLI Supp. 1996)
  • Financial Reporting and Risk Management in the 21st Century, 65 Fordham L. Rev. 1987 (1997) (co-authored with AICPA’s General Counsel to present legal precepts underlying risk-management proposals of AICPA’s Special Committee on Assurance Services)
  • 80 Years of Regulations and Accounting Standards, Financial Executive at 20 (June 2011) (co-authored with former FASB Chairman Robert Herz)
  • A Shift in Responsibility for Financial Reporting: The Trend of a Decade (commissioned by AICPA Center for Excellence in Financial Management for presentation at 1998 AICPA Fall National Industry Conference)
  • The Origin of Financial Fraud, 8 Metropolitan Corporate Counsel 14 (April 2000)
  • The Audit Committee, Internal Audit, and the Outside Auditor, 8 Metropolitan Corporate Counsel 15 (May 2000)
  • Managing an Accounting Disaster, Securities Litigation 2000 (PLI 2000)
  • Financial Reporting and the Accounting Profession: The Whirlwind Continues, 31st Annual Institute on Securities Regulation, 1151 PLI/Corp 95 (1999) (commissioned by ABA Section of Business Law for 1999 Annual Meeting)
  • The Origin of Financial Fraud: So Who Gets the Blame?, 8 Metropolitan Corporate Counsel 14 (June 2000)
  • Materiality and Misstatements in Financials: A New SEC Attack Against "Earnings Management," 7 Panel Counsel Forum 1 (2000)
  • What Is An Audit Committee To Do?, N.Y.L.J., Dec. 16, 1999, at 1
  • When Investors Rely on Financial Projections, 177 J. of Acct. 26 (1994)
  • The Future of Financial Reporting, 4 Panel Counsel Forum 6 (1997)
  • Materiality Assessments and Misstatements in Financial Statements, 7 Metropolitan Corporate Counsel 11 (Nov. 1999)
  • SEC Adopts Audit Committee Rules Based on Blue Ribbon Panel’s Recommendations, 8 Metropolitan Corporate Counsel 5 (Feb. 2000)
Lectures
  • Co-Chair, "Twelfth Annual Directors’ Institute on Corporate Governance" (annual corporate governance conference sponsored by the Practicing Law Institute)
  • "Professional Judgment & Fair Value Accounting" (commissioned by the Federation of Schools of Accountancy for its annual conference of accounting school deans and faculty)
  • Chair, "Financial Reporting and the Accounting Profession" (panel sponsored by Law and Accounting Committee of the American Bar Association at annual meeting)
  • Chair, "Accounting Irregularities: The Peril, Discovery & Cure" (half-day conference on accounting irregularities co-sponsored by the Financial Executives Institute, American International Group, Inc. and Willkie Farr & Gallagher)
  • "Today’s CFO -- Financial Reporting Responsibilities and Liability" (lecture on trends in responsibility and liability for financial reporting commissioned by AICPA Center for Excellence in Financial Management)
  • "The Origin of Financial Fraud and the Investigative Process" (sponsored by the Foundation for Accounting Education)
  • "Accounting Irregularities & Financial Fraud: What’s An Audit Committee To Do?" (sponsored by Nasdaq, the American Stock Exchange, and AIG)
  • "The Internal Crisis: Managing an Accounting Disaster" (commissioned by the Information Technology Association of America, Patton Boggs LLP, and AIG)
  • “The Paulson Committee & Audit Firm Sustainability” (sponsored by the Institute for Law & Economic Policy and Duke Law School)
  • “Corporate Crises:  Dealing with Financial Restatements” (sponsored by the N.Y.U. Pollack Center for Law & Business)
  • “Globalization & the Accounting Profession” (sponsored by the Practising Law Institute)
  • “Handling the Restatement Process” (sponsored by the SEC Institute)
  • “The Changing Culture of Financial Reporting” (sponsored by the Associated Press)
  • “Corporate Governance & Risk Management” (sponsored by Standard & Poors)
  • “The Competitiveness of U.S. Capital Markets” (sponsored by Institutional Investor and Ernst & Young)
  • “Financial Misreporting and Implications for FASB” (sponsored by FASB for FASB board members and internal staff)
  • “Current Issues in Accounting Restatements” (sponsored by the American Law Institute and the American Bar Association)
  • “Does Litigation Risk Improve Audit Quality?” (sponsored by the American Assembly and Columbia University)
  • “Audit Committee Worst Practices” (sponsored by the American Law Institute and American Bar Association)
  • "Accounting Irregularities and the Evolution of Financial Reporting" (before the CFO Roundtable in Atlanta)
  • "Internal Audit and the Blue Ribbon Committee on the Effectiveness of Corporate Audit Committees" (before the Institute of Internal Auditors at the Year 2000 International Conference in New York)
  • "The Auditor and Financial Fraud" (commissioned by Big 5 accounting firm for national industry conferences in Miami and Las Vegas)
  • "Accounting Irregularities and Internal Audit" (commissioned by The Institute for Internal Auditors and the Association of Certified Fraud Examiners for their 1999 Fraud Conference)
  • "Accounting Fraud: Is Everyone Doing It?" (panel discussion sponsored by National Economic Research Associates)
  • "The SEC’s Materiality Standard and the Applicability of New SAB 99" (panel discussion with the present and former SEC Directors of Enforcement)
  • "SEC Accounting Initiatives: How They Affect Your Practice" (panel discussion with the SEC’s General Counsel and former Director of Division of Corporate Finance sponsored by Section of Business Law of the American Bar Association)
  • "The Origin & Detection of Accounting Irregularities" (to audience of securities analysts on fraudulent financial reporting)
  • "Financial Fraud: Origin & Aftermath" (industry conference of D&O insurance brokers)
  • "Credit Union Deposits: Are They Debt or Equity" (before Credit Union Committee of American Bar Association)
  • "Section 10A Reports and New Issues as to ’Illegal Acts’ under the 1934 Act" (lecture presented to corporate counsel based upon new reporting requirements in the Private Securities Litigation Reform Act of 1995)
  • "Accounting Irregularities and the D&O Insurer" (seminar for claims and underwriting departments of D&O insurer on practical and legal issues arising out of the discovery of accounting irregularities at the companies of insured D&Os)
  • "Accountants’ Liability as to Corporate Practice: A Changing Legal Environment" (before the School of Professional Accountancy of Long Island University)
  • "The Hazards of Severing a Client Relationship" (before New York State Society of CPAs)

Additional Information

  • Chair, Committee on Financial Reporting of the New York City Bar Association
  • Former Member, Financial Accounting Standards Advisory Council to the Financial Accounting Standards Board
  • Former Member, New York Mayor’s Advisory Committee on the Judiciary
  • Member, American Bar Association (Section of Litigation; Section of Business Law; Committee on Law and Accounting; Ad Hoc Committee on Public Company Information Practices)
  • Member, Securities and Shareholder Litigation Practice Panel, American International Group, Inc.