Michael Rowe

Representative Litigation

• Represented individual energy executive in a rare federal securities fraud civil jury trial in the Southern District of New York. Secured nearly a complete defense victory of not liable on Section 20A insider trading claim and a de minimis judgment on the Sections 10(b) and 20(a) claims representing 0.4% of the resulting class members’ claims, Gruber v. Gilbertson, et al., 2023 U.S. Dist. LEXIS 166557 (S.D.N.Y. Sept. 19, 2023); 647 F. Supp. 3d 100 (S.D.N.Y. 2022).
• Won motion striking class allegations in a negligent misrepresentation claim brought against international accounting firm, Kamal v. Baker Tilly United States, LLP, 2023 WL 3483926 (D. Minn. March 12, 2023), adopted by the District Court, 2023 WL 3480144 (D. Minn. May 16, 2023).
• Secured summary judgment, affirmed by the Eighth Circuit, and complete defense victory on behalf of broker dealer against putative class of nationwide investors, Luis, et al. v. RBC Capital Markets, LLC, 401 F. Supp. 3d 817 (D. Minn. 2019), aff’d Luis v. RBC Capital Markets, LLC, 984 F.3d 575 (8th Cir. 2020). 
• Represented trustee and secured dozens of favorable settlements in fraudulent-transfer clawback actions to recover fraudulent Ponzi scheme profits for distribution to victims of the Tom Petters Ponzi scheme.
• Counsel to large health insurer in asserting fraud and conspiracy claims against large provider network in Southern California, Almont Ambulatory Surgery Ctr., et al. v. UnitedHealth Group, Incorporated, et al., 2018 U.S. Dist. LEXIS 35616 (C.D. Cal. Mar. 2, 2018).
• Obtained complete AAA arbitration victory in which my client, a large health insurer, successfully proved an in-network provider submitted a significant number of fraudulent claims for reimbursement. 
• Secured dismissal with prejudice on behalf of former executive in federal securities fraud class action, Fries v. Northern Oil & Gas, Inc., 354 F. Supp. 3d 384 (S.D.N.Y. 2018).
• Represented numerous broker dealers and financial advisors in FINRA sales-practice and industry arbitrations.
• Secured compassionate release and significant reduction in sentence for an indigent federal prisoner during COVID-19 pandemic, Case No. 12-cr-172 (D. Minn.).
• Secured a reversal and remand on behalf of an indigent habeas corpus petitioner in a reported decision of first impression in the Seventh Circuit, Davis v. Humphreys, 747 F.3d 497 (7th Cir. 2014).

Representative Work with Special Litigation Committees

• Counsel to Special Litigation Committee of Board of medical device manufacturer concerning alleged oppression of minority shareholders.
• Counsel to Special Litigation Committee of Board of consumer-marketing firm concerning alleged sabotage of a corporate opportunity.

Representative Governmental Enforcement Actions and Corporate Investigations

• Counsel to executives and public and private companies in responding to subpoenas and investigative demands from DOJ, SEC, FINRA, and numerous other federal agencies.
• Counsel to Audit Committee of Fortune 500 manufacturer in internal investigation concerning improper revenue recognition.
• Counsel to Board of Directors of medical-device manufacturer in negotiating and resolving parallel enforcement action alleging improper gratuities paid to federal employees, including obtaining a non-prosecution letter from criminal division of Department of Justice.
• Counsel to Special Committee of medical-equipment manufacturer in internal investigation concerning alleged channel stuffing and other accounting improprieties.
• Counsel to Special Litigation Committee concerning alleged sabotage of a corporate opportunity.
• Counsel to Audit Committee of publicly traded Oil & Gas company in high-profile internal investigation concerning alleged executive misconduct and improper related-party transactions.
• Counsel to Special Committee to Board of Directors of national home-improvement provider concerning alleged executive misconduct.
• Counsel to Audit Committee of international technology company in internal investigation into unusual sales practices within the company’s Asia-Pacific supply chain.