Michael W. Stockham

Michael W. Stockham

  • 214.969.2515
    214.999.1552
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Partner

  • Thompson & Knight LLP
    One Arts Plaza
    1722 Routh Street, Suite 1500
    Dallas, TX 75201 USA
    214.969.2515
    214.999.1552
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Michael Stockham is a trial attorney who focuses, both in and out of the boardroom and courtroom, on helping companies and individuals navigate the complex world of litigation and government regulation and enforcement. He has tried multimillion-dollar lawsuits to verdict and served as lead trial counsel or as a member of multifaceted trial teams in both state and federal court. He provides counsel in such areas as corporate governance, corporate compliance, fraud and breach of fiduciary duty, shareholder rights, securities fraud (including 10b-5, Section 11, Texas Securities Act), class actions, merger litigation, partnership and corporate disputes, qui tam litigation defense, and white collar defense for companies and individual executives. He is also known for his ability to conduct sensitive internal investigations for audit committees, demand review committees, or other corporate entities in a cost-effective manner that accomplishes the necessary objectives of the investigation, but that is least disruptive to the ongoing business enterprise. He is a Certified Fraud Examiner, certified by the Association of Certified Fraud Examiners, the world's largest anti-fraud organization specializing the complex issues raised by corporate and white-collar fraud, as well as providing anti-fraud training and education, as well as compliance with anti-fraud controls.

For years, Michael has been recognized by The Best Lawyers in America®, Texas Super Lawyers®, Best Lawyers in Dallas by D Magazine, and Texas Rising Stars® for his outstanding legal work. He is AV PreeminentTM Peer Review Rated by Martindale-Hubbell®. He frequently speaks and authors chapters and articles on various topics, including corporate compliance, corporate governance, fraud prevention, securities litigation (10b-5, Section 11, Texas Securities Act), internal investigations, breach of contract and fraud issues, breach of fiduciary duty, Foreign Corrupt Practices Act, Sarbanes-Oxley, and Dodd-Frank matters, partnership disputes, and other business litigation topics.

Experience

Securities and Corporate Governance Litigation

  • Represented NYSE-listed global manufacturer of mass transportation equipment in SEC inquiry related to corporate compliance with SEC regulations and impact on severance and nondisclosure agreements
  • Represented former board members of publicly-traded oil and gas company over allegations of fraud, breach of fiduciary duty and fraudulent transfer
  • Represented accountant as individual witness in front of SEC and DOJ as part of government investigation into insider trading at a Fortune 500 company
  • Represented NYSE-listed jewelry and bullion company in shareholder derivative suit and 10b-5 class-action alleging breaches of fiduciary duty and securities fraud
  • Represented NYSE-listed independent energy company in shareholder litigation over billion-dollar acquisition of oil and gas company, including Section 14 claims, alleging breach of fiduciary duty
  • Represented large financial services company related to partnership breakup and broker defections related to non-compete agreement, misappropriation of trade secrets and breach of fiduciary duty
  • Represented major airline and its board of directors in derivative demand related to shareholder proposals
  • Representing former NASDAQ-listed oil and gas company and former executives in shareholder suits over $4.4 billion tender offer and merger, including injunction, class-action hearings, and Section 14 claims, alleging breach of fiduciary duty and failure to disclose material information
  • Represented major airline and its board of directors in derivative demand related to claimed safety issues
  • Represented court-appointed receiver in receivership on Securities and Exchange Commission enforcement actions related to fraud and Ponzi-scheme activity
  • Trial of high-net-worth individual against suit for breach of fiduciary duty, fraud, and violation of the Texas Securities Act related to redemption of membership interest in oil and gas limited liability company, including trial and multiple appeals
  • Represented president of hedge fund in class action lawsuit alleging mismanagement, breach of fiduciary duty, and fraud
  • Represented privately-owned animal feed company in relation to minority shareholder inquiries and threatened minority shareholder oppression claims
  • Represented former officers and directors of NASDAQ-listed telecommunications company in 10b-5 class action lawsuit alleging violation of federal securities laws, including interlocutory appeals to the Fifth Circuit Court of Appeals vacating class certification orders
  • Represented independent directors appointed by large institutional investor to the board of NASDAQ-listed oil and gas company related to indemnification issues and satellite litigation and discovery
  • Represented individual directors and private placement agent in suit by bankruptcy trustee alleging breach of fiduciary duty, fraud, and negligent misrepresentation in closing of $50 million private placement
  • Trial of NASDAQ-listed financial services company against suit alleging securities fraud under 10b-5 and violations of the Texas Securities Act
  • Represented NASDAQ-listed software company specializing in voice automation software in 10b-5 class action lawsuit alleging violation of federal securities laws
  • Represented NASDAQ-listed financial services company against 10b-5 class action suit alleging violation of federal securities laws related to analyst reports published by subsidiary
  • Represented regional health care organization against claims alleging violation of Texas Securities Act and breach of fiduciary duties
  • Represented NYSE-listed correctional facilities company in 10b-5 class action lawsuit alleging violation of federal securities laws
  • Represented officers and directors of NASDAQ-listed digital television products manufacturer in a derivative action claiming breach of fiduciary duty
  • Represented NYSE-listed energy company and its board of directors in a class action lawsuit involving claims for breach of fiduciary duty in connection with a merger and acquisition

Internal Investigations

  • Represented audit committee and demand review committee of publicly-traded REIT related to allegations of breach of fiduciary duty, securities fraud (10b-5), and Ponzi scheme activity
  • Represented NYSE-listed global manufacturer in whistleblower claims related to segregation of duties
  • Represented audit committee of privately-held construction company related to whistleblower claims and claims of accounting fraud and breaches of fiduciary duty
  • Represented audit committee of publicly-traded oil and gas exploration company in connection with internal investigation related to whistleblower claims into accounting irregularity
  • Represented Chief Accounting Officer of subsidiary of Fortune Global 2000 company in testimony before the Securities and Exchange Commission
  • Representing national hospital chain in government investigation related to billing concerns
  • Provided counsel to various companies related to Foreign Corrupt Practices Act
  • Represented the audit committee of Fortune 500 technology-outsourcing company in connection with internal investigation on issues raised by Sarbanes-Oxley
  • Represented private national nursing home company in internal investigation arising from whistleblower allegations

Complex Business Litigation and Other Representative Matters

  • Represented hospital chain and local hospital against claim to dissolve partnership
  • Represented large hospital in qui tam litigation under the False Claims Act alleging overbilling for laboratory services
  • Represented nationwide electricity and natural gas marketing company in defense of putative statewide consumer class action challenging various representations under defendant’s terms of service agreement as violating the New York Energy Service Company Consumer Bill of Rights and the New York deceptive practices law
  • Represented nationwide electricity and natural gas marketing company  in defense of putative class action involving residents of New Jersey, California, Connecticut, Delaware, Illinois, Maryland, Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island, Texas, Virginia, and Washington challenging various billing and marketing practices, alleging breaches of the covenant of good faith and fair dealing, unjust enrichment, and violations of the New Jersey Consumer Fraud Act
  • Represented a nationwide electricity and natural gas marketing company in defense of putative statewide consumer class action challenging various representations related to pricing of defendants’ energy products and alleging breach of contract and unjust enrichment
  • Represented large national hospital chain in defense of claim on guarantee related to office building
  • Represented oil and gas partnership in suit to enforce $10 million purchase of asset
  • Represented REIT to enforce purchase of shopping center in Texas
  • Represented oil and gas partnership against claims of breach of contract and fraud in sale of mineral leases
  • Represented majority of limited partners of oil and gas partnership in dispute between managing partner and another limited partner, including injunction hearing
  • Represented large national hospital chain in defense of False Claims Act suit
  • Represented large national hospital chain in post closing adjustment claims and potential litigation
  • Represented NYSE-listed oil and natural gas company in multimillion-dollar arbitration related to merger and subsequently-discovered title defects
  • Represented Fortune 100 agricultural equipment manufacturer in multimillion-dollar arbitration with a multinational energy services company concerning energy management services contract
  • Represented Fortune 500 air carrier in defense of multimillion-dollar personal injury claim
  • Represented NASDAQ-listed manufactured housing company in breach of contract claim
  • Represented international wireless telephone equipment manufacturer accused of patent infringement
  • Trial of breach of contract dispute between national real estate broker, custom homebuilder, and homebuyer

Pro Bono and Government Appointment

  • Represented indigent defendant against federal criminal indictment for fraudulent use of a credit card
  • Trial of prisoner's federal civil rights case alleging deliberate indifference by prison officials to prisoner's advanced cardiac condition
  • Represented indigent defendant against federal criminal indictment for methamphetamine possession with intent to distribute and related gun charges
  • Represented indigent defendant against federal criminal indictment for criminal copyright infringement

Prior Experience

  • Law Clerk to the Honorable Barbara M.G. Lynn, United States District Court for the Northern District of Texas, 2002-2003

Distinctions/Honors

  • The Best Lawyers in America® by Woodward/White Inc. (Commercial Litigation); 2018-2019

  • Texas Super Lawyers® by Thomson Reuters (Business Litigation); 2013-2018

  • Best Lawyers in Dallas (Business Litigation, Class Action), D Magazine; 2015-2018

  • Texas Rising Stars® by Thomson Reuters (Business Litigation, Securities Litigation); 2009-2012 

  • "Future Star," Benchmark: The Definitive Guide to America's Leading Litigation Firms & Attorneys; 2009

  • 2014 Pro Bono Award of Merit, U.S. District Court for the Northern District of Texas - Dallas Division Pro Bono Civil Panel

  • Martindale-Hubbell® AV PreeminentTM Peer Review Rated

Activities (Memberships/Affiliations)

Civic

  • Board of Directors, Dallas Children's Theater

  • Member, Central Regional Advisory Board, Make-A-Wish Foundation of North Texas, 2009-2011

  • Member, Revenue Development Committee for March of Dimes' March for Babies, 2008

  • Board of Directors, Writers' League of Texas, 2008-2010; Co-Chairman, Development Committee, 2009-2010

  • Member, MENSA

Professional

  • Life Fellow, Dallas Association of Young Lawyers Foundation

  • Board of Directors, Association of Certified Fraud Examiners (ACFE)

  • Member, American Bar Association; Co-Chair, Evidence Subcommittee, Litigation Section Business Torts Committee, 2011-2012

  • Member, State Bar of Texas; Administration and Public Law Section; Antitrust/Business Litigation Section; Appellate Section; Litigation Section

  • Member, New York Bar Association

  • Fellow, The College of the State Bar of Texas

  • Member, Texas Association of Defense Counsel

  • Member, Texas Young Lawyers Association

  • Member, Dallas Bar Association; Securities Section; Appellate Law Section; Trial Skills Section

  • Member, Dallas Association of Young Lawyers; DAYL Leadership Class, 2004

  • Member, Federal Bar Association - Dallas Chapter; President, 2014-2015; Young Lawyers Division Coordinator, 2009-2010; Membership Chair, 2010-2011; Secretary, 2011-2012; Vice President, 2012-2013; President-Elect, 2013-2014

  • Member, The Federalist Society

  • Member, DRI-The Voice of the Defense Bar; Membership Committee for DRI Commercial Litigation Class Action Specialized Litigation Group, 2008

  • Member, Patrick Higginbotham American Inn of Court; Associate, 2005-2006; Barrister, 2012-2014