Michael Dagley is a Member in the firm's Litigation Department and is leader of the Securities and Corporate Litigation Group. He represents clients in securities litigation, class actions, shareholder derivative actions and merger and acquisition actions. Mr. Dagley has defended corporate and securities actions for Merrill Lynch, Morgan Keegan, KPMG, Ernst & Young, King Pharmaceuticals, Sanofi-Aventis S.A., HCA, and many other public and private companies. Mr. Dagley also defends major healthcare companies, including AmSurg, IASIS, Ardent, and HealthSpring, on contractual disputes as well as advising on healthcare fraud, False Claims Act matters, and government investigations.
Recent matters include:
- Lead counsel for King Pharmaceuticals, Inc. and its board of directors in shareholder class actions relating to $3.6 billion buyout of King by Pfizer, Inc. See In re King Pharmaceuticals, Inc. Shareholder Litigation (Sullivan County Chancery Court, at Bristol, Tennessee, Master Docket No. B0022967(C));
- Co-counsel for global healthcare company Sanofi-Aventis S.A. in shareholder class actions relating to its $1.9 billion purchase of the leading over-the-counter pharmaceutical company, Chattem, Inc. See In re Chattem, Inc. Shareholder Litigation (Hamilton County Chancery Court, at Chattanooga, Tennessee, Master Docket No. 09-1032);
- Lead counsel for Morgan Keegan defendants in In re Morgan Keegan Open-End Fund Litigation (United States District Court, Western District of Tennessee, CA 2:07-2784-SHM-dkv); and In re Morgan Keegan Closed-End Fund Litigation (United States District Court, Western District of Tennessee, CA 2:07-2830-SHM-dkv);
- Lead counsel for independent directors in:
- In re Merrill Lynch & Co., Inc. Research Reports Securities Litigation (U.S.D.C., Southern District of New York);
- In re Merrill Lynch & Co., Inc. Internet Strategies Fund Securities Litigation (U.S.D.C., Southern District of New York);
- In re Merrill Lynch & Co., Inc. Global Technology Fund Securities Litigation (U.S.D.C., Southern District of New York);
- In re Merrill Lynch & Co., Inc. Focus Twenty Fund Securities Litigation (U.S.D.C., Southern District of New York);
- Co-counsel for HCA, Inc. In re HCA, Inc. Shareholder Litigation (Davidson County Chancery Court, Nashville, TN).
Recent speaking engagements include:
- "Director and Officer Liability in the Context of Bankruptcy," Mid-South Commerical Law Institute, December 1-2, 2011.
- "When the Subpoena Arrives," Boardwise Video Presentation, July 1, 2011.
- "Best Practices for Managing Internal Investigations," Bass, Berry & Sims General Counsel Forum, November 12, 2011.
- "Strategies for Minimizing Litigation Risk," Bass, Berry & Sims Boardroom Forum, September 10, 2009.
- "Hot Topics in Class Actions," panel member, Tennessee Bar Association, July 17, 2009.
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