Michael C. Wagner

Partner

Michael C. Wagner is a seasoned commercial and corporate litigator with nearly three decades of experience representing clients in complex business, corporate governance, and stockholder disputes. He has managed all phases of litigation in expedited and complex proceedings, including dispositive motions, injunction applications, discovery disputes, trials, post-trial proceedings, and appeals. His Delaware practice has involved some of the most significant stockholder litigation matters of the past two decades, including cases arising from contested mergers, controller transactions, books and records disputes, and corporate governance challenges.

Michael has first-chair trial and appellate argument experience, and in plaintiff-side stockholder litigation, his cases have resulted in substantial monetary recoveries and significant corporate governance reforms for public company investors. His experience includes litigating precedent-setting cases involving companies such as Dole Food Company, Sears Hometown and Outlet Stores, ev3, Versum Materials, Genentech, and AmerisourceBergen Corporation, among many others. He is known for his ability to navigate fast-moving Delaware proceedings and develop strategic legal theories in collaboration with co-counsel and institutional investors.

Michael has also represented Fortune-500 companies, hedge-funds and their portfolio entities, private businesses, and individuals in a wide variety of commercial, corporate, and employment litigation. He has appeared in more than a dozen different trial and appellate courts across the United States.

Prior to joining Esbrook P.C., Michael was a partner at Labaton Keller Sucharow LLP and, before that, at Kessler Topaz Meltzer & Check LLP, and Smith, Katzenstein & Jenkins LLP.

Michael earned his J.D. from the University of Pittsburgh School of Law, where he served as Lead Executive Editor of the Journal of Law and Commerce. Following law school, he held multiple judicial clerkships in the Pennsylvania state court system.

Corporate and Fiduciary Duty Litigation

Obtained numerous post-trial judgments and settlements in the Court of Chancery, including $148 million for stockholders of Dole Food Company.
Obtained numerous other stockholder benefits through settled litigation, including billions of dollars in increased consideration paid out in pending transactions following expedited litigation and hundreds of millions of dollars in cash settlements after transactions closed.
Obtained favorable, precedential rulings covering a variety of issues arising in books and records actions.
First chair trial, appellate argument, and strategic know-how gained over nearly 20 years focusing on Delaware litigation.

Commercial and Employment Litigation and Counseling

Prosecuted and defended numerous business tort and contract cases for a wide variety of clients in multiple jurisdictions.
Defended Fortune 500 companies against labor and employment claims.
Counseled businesses and individual on employment, contract, and corporate matters.

Mediation and Arbitration

Successfully represented clients before arbitration panels, including in specialized arbitration proceedings for financial industry clients.
Has obtained successful outcomes for investors, individuals, and businesses through mediation of numerous disputes.