Michael A. Toomey, Associate
New York, NY

e: mtoomey@barrack.com
p: (212) 688-0782
f: (212) 688-0783

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Attorneys & Professionals

Michael A. Toomey

Michael A. Toomey, Associate
New York, NY

e: mtoomey@barrack.com
p: (212) 688-0782
f: (212) 688-0783

Download vCard

Michael A. Toomey, an associate in Barrack, Rodos & Bacine's New York office, joined the firm in 2011. At BR&B, Mr. Toomey has represented investors, including state, local and union pension funds, in several class and derivative actions, including cases involving securities fraud, shareholder rights and corporate governance.  Mr. Toomey was an integral part of the litigation team that prosecuted In re American International Group, Inc. 2008 Securities Litigation, which resulted in a $970.5 million settlement for defrauded investors, among the largest recoveries ever achieved in a securities fraud class action stemming from the 2008 financial crisis.  Mr. Toomey has also successfully represented investors in class and derivative actions such as In re Cheniere Energy Stockholders Litigation, which challenged whether shareholders approved an equity compensation plan that provided Cheniere’s CEO with $126 million in equity compensation for one year.  The successful settlement of this litigation resulted in the withdrawal of a new equity compensation plan that proposed to grant executives 30 million shares, a new stockholder vote on the shares that were challenged by the litigation, and several other corporate reforms.  Mr. Toomey also represented shareholders in a derivative case challenging the payment by Barnes & Noble for an asset held by its chairman Leonard Riggio, who agreed to pay $29 million settle shareholders’ claims.   Mr. Toomey has also helped to establish important standards in shareholder derivative actions such as Seinfeld v. Slager, No. CIV.A. 6462-VCG, 2012 WL 2501105 (Del. Ch. June 29, 2012) (directors must show entire fairness of their own compensation if compensation plan lacks meaningful limits). 

Mr. Toomey is currently litigating, on behalf of injured investors, Pennsylvania Public School Employees' Retirement System v. Bank of America Corp., before the Honorable William H. Pauley, III in the Southern District of New York.  He is also litigating a number of derivative cases such as Buch v. Filo, et al., before the Honorable J. Travis Laster of the Delaware Chancery Court, which challenges the $57.96 million severance payment to Yahoo! Inc.’s chief operating officer who was terminated after 15 months of work.  He is also a member of litigation teams pursuing claims for violations of the federal antitrust laws on behalf of small businesses and other individuals who have been injured by price-fixing conspiracies.  

Before joining the firm, Mr. Toomey was an intern for Judge Benjamin Lerner of the Court of Common Pleas of Philadelphia County and for Magistrate Judge Elizabeth Hey of the United States District Court for the Eastern District of Pennsylvania.  He also served as an intern at the Defender Association of Philadelphia.

Education:
  • Temple University School of Law (J.D. 2010)
  • Tufts University (B.A. 2005)
Admissions:
  • New York, 2010
  • New Jersey, 2010
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
Publications:
  • The August 2008 Battle of South Ossetia:  Does Russia Have a Legal Argument for Intervention?, Temp. Int'l & Comp. L.J., Vol. 23, no. 2