Mr. Dagley's practice focuses in the areas of complex litigation with a special emphasis in securities, healthcare and internal investigations. He has represented both plaintiffs and defendants in major commercial litigation in Nashville and around the country and has successfully resolved disputes before juries, judges and arbitrators. Mike has represented numerous corporate and accounting firm defendants in class action securities cases. He has regularly counseled clients on ways to avoid litigation and resolve disputes. He has extensive experience representing clients in arbitrations and mediations. Mike also regularly conducts internal investigations and special projects for clients.
Mike graduated magna cum laude from Middle Tennessee State University in 1978 and from Vanderbilt University Law School in 1981 where he was a member of the Vanderbilt Law Review. He is a member of the Nashville, Tennessee and American Bar Associations and is a member of the Harry Phillips American Inn of Court. In 2004, he served as chair of the Nashville Bar Association's Federal Court Committee. Mike is listed in The Best Lawyers in America® for commercial litigation and has been named one of the leading commercial litigators in Tennessee by Chambers USA .
Representative cases include:
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Lead counsel for independent directors in:
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In re Merrill Lynch & Co., Inc. Research Reports Securities Litigation (U.S.D.C., Southern District of New York);
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In re Merrill Lynch & Co., Inc. Internet Strategies Fund Securities Litigation (U.S.D.C., Southern District of New York);
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In re Merrill Lynch & Co., Inc. Global Technology Fund Securities Litigation (U.S.D.C., Southern District of New York);
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In re Merrill Lynch & Co., Inc. Focus Twenty Fund Securities Litigation (U.S.D.C., Southern District of New York); and
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Represented HCA, Inc. In re HCA, Inc. Shareholder Litigation (Davidson County Chancery Court, Nashville, TN) 2006;
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Obtained arbitration award in Denver of over $10 million for shopping center developer;
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Negotiated over $10 million recovery for hospital company in dispute over failed software installations;
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Obtained arbitration award in Chicago for national financial services firm denying a $9 million fraud and breach of contract claim; prevailed on counterclaim and obtained monetary damages for breach of contract;
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Obtained dismissal with prejudice of national accounting firm in securities class action litigation brought in New York federal court;
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Obtained summary judgment dismissal of national mutual fund company and advisor in securities class action litigation brought in Florida federal court by shareholders of mutual fund;
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Successfully resolved several cases for national consulting firm defending against allegations of negligent software installations;
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Successful defense of bank clients in numerous "lender liability" and breach of fiduciary duty lawsuits, including numerous jury verdicts;
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Recovered over $8 million for receiver of insolvent insurance company against corporate parent in letter-of-credit action and tax-sharing case;
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Conducted internal investigations and special projects for several publicly-traded and private companies; and
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Reported cases:
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In re Direct General Corp. Sec. Litig., U.S.D.C., M.D. Tenn., 2006 U.S. Dist. LEXIS 56128;
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Highland Capital Holding Corp. v. Dir, U.S.D.C., No. Ill, Eastern Division, 2005, U.S. Dist. LEXIS 6248;
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Plyler v. BDO Seidman, LLP, U.S.D.C., W.D. Tenn., 2005 U.S. Dist. LEXIS 41288;
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In re Merrill Lynch & Co., Inc. Research Reports Sec. Litig., 2004 U.S. Dist. LEXIS 2215;
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In re Merrill Lynch & Co., 272 F. Supp. 2d 243; 2003 U.S. Dist. LEXIS 14175;
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In re Merrill Lynch & Co., Research Reports Sec. Litig., 289 F. Supp. 2d 429; 2003 U.S. Dist. LEXIS 19177;
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Riley v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 168 F. Supp. 2d 1352; 2001 U.S. Dist. LEXIS 17274;
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HealthTrust, Inc. v. Usher, 2000 U.S. Dist. LEXIS 22786;
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Hines v. ESC Strategic Funds, Inc., 1999 U.S. Dist. LEXIS 15790; Fed. Sec. L. Rep. (CCH) P90,684, 09/17/99; and
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Ockerman v. May Zima & Co., 27 F.3d 1151; 1994 U.S. App. LEXIS 16109; 1994 Fed. App. 0230P (6th Cir.); Fed. Sec. L. Rep. (CCH) P98, 252.
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