Michael S. Bigin
Michael S. Bigin has been recognized by the legal industry for his work on behalf of clients. Mr. Bigin was selected to Super Lawyers Magazine’s New York Metro Rising Stars list in 2014 and was named a Super Lawyer by Super Lawyers Magazine in 2017-2018. Mr. Bigin has also been recommended by The Legal 500 United States in 2013 and 2016.
Mr. Bigin has practiced complex litigation for over 15 years. Before joining Bernstein Liebhard, Mr. Bigin was an associate at a Manhattan law firm where he represented plaintiffs in class actions alleging securities fraud. There, Mr. Bigin had success litigating against large public companies including: In re IKON Office Solutions, Inc. Securities Litigation, No. 98-CV-4606 (E.D. Pa.) ($111 million recovery), and In re Computer Associates Securities Litigation, No. 02-CV-1226 (E.D.N.Y.) (settlement of 5.7 million shares, valued at $134 million).
At Bernstein Liebhard, Mr. Bigin continues to litigate class actions and has achieved substantial recoveries for investors, including: In re Marsh & McLennan Cos., Inc. Securities Litigation, No. 04-CV-8144 (CM) (S.D.N.Y.) ($400 million recovery); In re Royal Dutch/Shell Transport Securities Litigation, No. 04-374 (JAP) (D.N.J.) ($166.6 million recovery); In re Cigna Corp. Securities Litigation, No. 02-CV-8088 (MMB) (E.D. Pa.) ($93 million recovery); City of Austin Police Retirement System v. Kinross Gold Corp., No. 12-CV-01203-VEC (S.D.N.Y.) ($33 million recovery); In re Gilat Satellite Networks, Ltd. Securities Litigation, No. 02-CV-1510 (E.D.N.Y.) ($20 million); In re Terayon Communication Systems, Inc. Securities Litigation, No. C-00-1967 (N.D. Cal.) ($15 million); and Szymborski v. Ormat Technologies, Inc., No. 10-CV-00132-ECR (D. Nev.) ($3.1 million settlement representing more than four times the average recovery for similar actions according to a study by experts at Cornerstone Research). Mr. Bigin also recovered funds for investors in Peters v. Jinkosolar Holding Co. Inc., No. 11-CV-07133-JPO (S.D.N.Y.) ($5.05 million settlement). Prior to this settlement, Mr. Bigin successfully argued the Jinkosolar case before the Second Circuit Court of Appeals, which granted a rare reversal of the District Court’s decision and clarified the materiality standard under the Securities Act of 1933.
Currently, Mr. Bigin represents entities in various class actions. For example, Mr. Bigin represents the Oklahoma Firefighters Pension and Retirement System in Avila v. LifeLock Inc., 15-cv-01398-SRB (D. Arizona), a securities fraud action alleging that executives made material misrepresentations to investors concerning LifeLock’s identity protection business and the status of a Federal Trade Commission investigation. Mr. Bigin also represents the City of Atlanta Firefighters’ Pension Fund in Speaks v. Taro Pharmaceutical Industries, LTD, 16-cv-08318-ALC (S.D.N.Y.), where investors allege that defendants inflated Taro’s stock price by representing that Taro’s growth occurred in a highly competitive environment, while Taro secretly colluded with its competition to fix generic drug prices.
In addition to class actions, Mr. Bigin represents individual clients in commercial disputes, commercial insurance matters, qui tam actions, employment claims, and consumer protection matters. For example, Mr. Bigin won summary judgment on behalf of his client concerning a $1.9 million fee dispute after completing discovery, which involved obtaining testimony from multiple, senior partners of law firms. Additionally, Mr. Bigin has advised and represented individual whistleblowers alleging violations of the False Claims Act, violations of the Social Security Act, Medicare and Medicaid fraud, insider trading, and tax fraud.
Mr. Bigin is admitted to practice in the States of New York and Connecticut, the United States District Courts for the Southern and Eastern Districts of New York, and the United States Court of Appeals for the Second, Ninth, and Eleventh Circuits.