Michael A. Hacker

Associate

Michael Hacker counsels clients through all stages of complex civil and criminal litigation and government and internal investigations. These matters often involve securities and shareholder-related issues and disputes. Mike has litigated in a variety of federal and state trial and appellate courts and represented clients before the US Department of Justice, the Securities and Exchange Commission (SEC), and the Public Company Accounting Oversight Board. Active in the Boston legal community, Mike serves as co-chair of the Boston Bar Association’s Securities Enforcement and Civil Litigation Committee, and he is committed to providing pro bono legal work to local individuals and organizations.

Extended Profile

Before moving back to Boston and joining Morgan Lewis, Mike was an associate in the New York office of another major international law firm.

While in law school, Mike served as the executive notes editor of the Boston College Law Review and was a teaching assistant and research assistant to a constitutional law professor. Mike also completed an internship with Judge Allison D. Burroughs of the US District Court for the District of Massachusetts.

Selected Representations

Represented SPACs, target companies, and company directors in litigation concerning multiple de-SPAC transactions
Member of team that obtained dismissal with prejudice of all 1933 Act strict liability claims asserted against corporate client and certain of its directors and officers in a federal securities class action filed in Massachusetts state court, pursuant to the US Supreme Court’s ruling in the Cyan case, arising out of the client’s initial public offering.
Assisted a publicly held biopharmaceutical company and its current and former officers through an SEC investigation concerning the company’s public statements regarding the commercial viability of, and anticipated patient population for, a principal drug candidate. The SEC declined enforcement action.
Assisted a publicly-traded company through an SEC investigation stemming from an internal whistleblower’s allegations regarding the company’s transfer pricing and tax accounting practices. The representation included self-reporting to the SEC. The SEC declined enforcement action.
Successfully briefed and argued appeal before the Massachusetts Appeals Court on behalf of a survivor of domestic violence whose application for a restraining order was denied, resulting in reversal and remand to the trial court.
Successfully argued in federal district court for immediate release of immigrant detainee due to COVID-19 outbreak at prison
Represented civil rights organizations as amicus curiae in case before Massachusetts Supreme Judicial Court concerning application of search and seizure jurisprudence to digital data obtained from search of cell phone controlled by third party.
Member of team that secured a highly favorable result on behalf of a renewable energy business in a two-week bench trial before the Business Litigation Session of the Massachusetts Superior Court
Key member of team that successfully represented a Big Four accounting firm in a three-week jury trial before the Business Litigation Session of the Massachusetts Superior Court
Conducted an internal investigation for a major university in connection with possible financial improprieties and payment of bribes related to admissions decisions
Represented Big Four audit partner at PCAOB deposition
Successfully represented a US Army veteran in federal court challenge after US Citizenship and Immigration Services failed to timely adjudicate his naturalization application