Michael S. Winograd

Counsel

Winograd-Michael-S-300
  • JD, cum laude, University of Pennsylvania Law School, 2000; Order of the Coif; Senior Editor, University of Pennsylvania Law Review ; Recipient, P. Pemberton Morris Prize (highest grades in the fields of Evidence, Pleading, and Practice) and M.H. Goldstein Memorial Prize (highest grades in the fields of Labor Law and Labor Arbitration)
  • BA, Lafayette College, 1992

Qualifications

  • New York, 2001

Court Admissions

  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Western District of Michigan
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • Supreme Court of the United States
  • Association of the Bar of the City of New York
  • New York State Bar Association
  • American Bar Association
  • Adjunct Professor, Fordham University School of Law (2003 - present)

Michael S. Winograd

Counsel

Michael S. Winograd is counsel in the New York office of Ropes & Gray and a member of the firm’s business & securities litigation practice group. Mike’s practice includes a broad range of corporate, securities, and other complex civil litigation, as well as regulatory and internal investigations and proceedings. He has represented domestic and foreign corporations, financial institutions, and individuals in both federal and state courts throughout the United States, as well as in arbitrations and before regulatory and other governmental bodies. 

Prior to joining the firm, Mike spent his formative years as a litigator at Wachtell, Lipton, Rosen & Katz and, before that, Sullivan & Cromwell. He has been an adjunct professor of law at the Fordham University School of Law since 2003, where he teaches Legal Writing and Research for LL.M.s. Prior to law school, Mike played professional soccer in Israel and coached soccer at the University of Richmond. 

Experience

  • Stryker Corporation. Represented Stryker Corporation and certain of its directors and officers in securities class and derivative actions arising from allegations that Stryker failed to disclose material adverse facts about the company’s financial health. The court granted the defendants’ motion to dismiss.
  • Bank of America. Represented Bank of America Corporation and a number of its subsidiaries in a complex multidistrict securities litigation and related SEC enforcement, New York State Attorney General, and other governmental proceedings arising from alleged market-timing and late-trading in mutual funds. The court approved over 15 favorable settlements of civil claims against the Bank. The governmental proceedings were also settled favorably.
  • Large Korean Manufacturer. Represented large Korean manufacturer in international commercial arbitration. Achieved favorable settlement for client in early stages of proceedings.
  • Xinhua Sports & Entertainment Limited. Represented the General Counsel of now defunct Chinese media company in $70 million fraudulent inducement and negligent misrepresentation case. The court granted the General Counsel’s motion to dismiss.
  • McAfee Inc. Represented McAfee Inc. and certain of its directors and officers class actions arising from proposed $7.7 billion acquisition of McAfee by Intel Corporation. The acquisition closed on schedule and the court dismissed the case on summary judgment.
  • Acciona, S.A. Represented Acciona, S.A. in preliminary injunction proceedings in connection with €43 billion European takeover battle for Endesa, S.A.  Successfully defended against motions for injunctive relief and settled case favorably while on appeal.
  • Large Private Equity Fund. Represented large private equity fund in dispute with issuer over various issues involving Delaware law.
  • FedEx Supply Chain. Represented FedEx Supply Chain in $20 million breach of contract action.  Achieved favorable settlement for client shortly after arguing motion for judgment on the pleadings.  
  • New York Hedge Fund. Represented New York-based hedge fund in complex commercial dispute with biotech company. Achieved favorable multimillion-dollar settlement for client without filing litigation.
  • European Aeronautics Defense & Space Company (EADS). Represented EADS and certain of its current and former officers in a shareholder securities class action arising from financial disclosures and public statements issued by the company relating to delays in the Airbus A380 aircraft program. The court granted the company’s motion to dismiss.
  • Gawker Media LLC. Represented Gawker as debtor in adversary proceeding. Obtained TRO against Terry Bollea (a/k/a Hulk Hogan) temporarily preventing enforcement of state court judgment.
  • Bank Audit Committee. Represented Audit Committee of large bank in conducting internal investigation in connection with allegations of accounting and other fraud. Investigation concluded and no charges were brought by any government agency.

Publications

Presentations

  • “Risk Factor Disclosure,” presented as panel member at PLI’s 43rd Annual Institute on Securities Regulation, New York, NY (October 2011)