MICHAEL K. ISENMAN

Mike Isenman, a partner in the firm’s Litigation Department, focuses his practice primarily on securities litigation and other complex litigation. Mr. Isenman also serves as the Hiring Partner for Goodwin Procter’s Washington, D.C. office.

WORK FOR CLIENTS

Mr. Isenman represents clients in federal courts throughout the country, in commercial arbitrations, and before federal and state government agencies. He counsels clients on a variety of regulatory and compliance matters arising under the federal securities laws.

Mr. Isenman has represented mutual funds, mutual fund sponsors, investment advisers, fund service providers, retirement plan service providers, variable insurance product issuers, hedge funds, and their respective officers and directors in a variety of litigation and regulatory contexts, including class actions, shareholder derivative litigation, internal investigations, and governmental investigations and inquiries. Mr. Isenman has significant trial experience, including, for example, taking two mutual fund market timing lawsuits to trial.

Outside of the financial services arena, Mr. Isenman frequently represents companies in class actions, complex business disputes, and other litigation.

Examples of recent representations include:

• On behalf of a large financial services company, successfully tried a lawsuit against a well-known mutual fund market-timer. See 2008 U.S. Dist. LEXIS 26330 (E.D. Pa. March 31, 2008).
• On behalf of a large mutual fund complex, successfully obtained the dismissal of a putative 10b-5 class action alleging that fund prospectuses falsely represented that class A shares were better long-term investments than other share classes.
• On behalf of the independent directors of a large mutual fund, successfully obtained the dismissal of a putative shareholder derivative and class action that alleged breach of fiduciary duty and material misrepresentations in a proxy statement issued in connection with the sale of the mutual fund’s investment adviser. Halebian v. Berv, 2007 WL 2191819 (S.D.N.Y. July 31, 2007).
• On behalf of a large 401(k) plan provider, conducted an internal investigation regarding payments to intermediaries in connection with sales of retirement services.
• On behalf of a large financial services company, defense of an ERISA “stock-drop” class action alleging breach of fiduciary duty in connection with origination and underwriting of sub-prime loans.
• Representation of a special committee of the board of directors of a privately-held company in a dispute with a controlling shareholder.
• Representation of various financial services companies, investment advisors, and related entities in connection with investigations or inquiries by the Securities Exchange Commission, the Federal Trade Commission, the New York Attorney General’s Office and other government regulators.

PROFESSIONAL EXPERIENCE

Mr. Isenman was a partner at Shea & Gardner prior to its combination with Goodwin Procter in 2004. Before joining Shea & Gardner, he clerked for Judge David M. Ebel of the U.S. Court of Appeals for the Tenth Circuit.

BAR AND COURT ADMISSIONS

Mr. Isenman is admitted to the Bar of the District of Columbia and various federal bars around the country.

RECOGNITION

While attending law school, Mr. Isenman served as Article Editor of the Michigan Law Review.